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Code · REGISTER · 2007-11-29 · DEPARTMENT OF HEALTH AND HUMAN SERVICES · Proposed Rules

Proposed Rules. Notice

18,505 words·~84 min read·/register/2007/11/29/07-5873

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

BILLING CODE 6715-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-10054, CMS-R-118 and CMS-10246] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Centers for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment.
Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:
(1)The necessity and utility of the proposed information collection for the proper performance of the Agency's function;
(2)the accuracy of the estimated burden;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* Extension without change of a currently approved collection; *Title of Information Collection:* Recognition of payment for new technology services for New Technology ambulatory payment classification
(APC)groups under the Outpatient Prospective Payment System and Supporting Regulations in 42 CFR part 419; *Use:* CMS needs to keep pace with emerging new technologies and make them accessible to Medicare beneficiaries in a timely manner. It is necessary that CMS continue to collect appropriate information from interested parties such as hospitals, medical device manufacturers, pharmaceutical companies and others that bring to CMS' attention specific services that they wish us to evaluate for New Technology APC payment. The information that CMS seeks to continue to collect is necessary to determine whether certain new services are eligible for payment in New Technology APCs, to determine appropriate coding and to set an appropriate payment rate for the new technology service. The intent of these provisions is to ensure timely beneficiary access to new and appropriate technologies. Interested parties such as hospitals, device manufacturers, pharmaceutical companies, and physicians use this information to apply for New Technology APC payments for certain services covered in the Outpatient Prospective Payment System. *Form Numbers:* CMS-10054 (OMB #: 0938-0860); *Frequency:* Reporting—Once; *Affected Public:* Business or other for-profits; *Number of Respondents:* 15; *Total Annual Responses:* 15; *Total Annual Hours:* 180. 2. *Type of Information Collection Request:* Reinstatement without change of a previously approved collection; *Title of Information Collection:* Quality Improvement (formerly Peer Review) Organization Contracts: Solicitation of Statements of Interest from In-State Organizations, General Notice and Supporting Regulations in 42 CFR, 475.102, 475.103, 475.104, 475.105, 475.106; *Use:* The criteria that an organization must satisfy in order to be eligible for a Medicare Quality Improvement Organization
(QIO)contract are specified by law and set forth in sections 1152 and 1153 of the Social Security Act (the Act). In very basic terms, the applicant organization must demonstrate that it is either a physician-sponsored or physician-access organization. The qualifications for in-State status for an otherwise qualified QIO organization are also set forth in section 1153(i)(3) of the Act. To comply with section 1153 of the Act, we must publish the solicitation of statements of interest from qualified in-State organizations no later than January 31, 2008. We wish to publish notice of contract expiration dates and the time periods during which interested, qualified organizations may submit statements of interest and proposals for these contracts substantially sooner than the January 2008 deadline, in order to give maximal notice and opportunity to all qualified and potentially interested organizations. We are soliciting information in the form of responses to our request for statements of interest from qualified in-State organizations who may wish to compete for the QIO contracts for their respective States. The responses should contain an indication of interest and information demonstrating the interested organizations' eligibility to qualify as a QIO under the requirements of sections 1152 and 1153 of the Act. *Form Number:* CMS-R-118 (OMB #: 0938-0526); *Frequency:* Reporting—On occasion; *Affected Public:* Business or other for-profit; *Number of Respondents:* 53; *Total Annual Responses:* 53; *Total Annual Hours:* 1. 3. *Type of Information Collection Request:* New collection; *Title of Information Collection:* Cost and Resource Utilization
(CRU)Data Collection for the Medicare Post Acute Care Payment Reform Demonstration; *Use:* The CRU data collection is part of the Post-Acute Care Payment Reform Demonstration mandated by Section 5008 of the Deficit Reduction Act of 2005. This demonstration is intended to address problems with the current Medicare payment systems for post-acute care services, including those for Long Term Care Hospitals, Inpatient Rehabilitation Facilities, Skilled Nursing Facilities, and Home Health Agencies. Each of these four types of providers currently has a separate prospective payment system
(PPS)with its own case-mix groups, payment units, and rates. Each case-mix grouper uses a unique set of items to measure patients, making it difficult to compare severity, costs, and outcomes across settings. These four provider types form a continuum of care where patients may overlap in terms of the conditions being treated, but they primarily differ in terms of the severity of the patients' medical or functional impairments. The current payment methods are designed as silos that do not recognize the potential overlap in case mix or the complimentary nature of the services across an episode, nor does it allow for standardized measures of costs across settings since each PPS was developed independently using different measurement systems and underlying assumptions. The Post-Acute Care Payment Reform Demonstration will examine the relative costliness and outcomes of post acute cases admitted to different settings for similar conditions. The work will differ from past attempts in this area because it will use a standardized case mix tool for measuring patient severity and a standardized resource data collection tool in all four post acute settings. Specifically, the legislation requires that CMS provide information on both the fixed and variables costs for each individual treated in post acute care settings. The CRU data collection instruments are designed to collect a provider's routine costs to specific patients because in general, nurses' and many other direct care providers' time spent on behalf of specific patients and on activities not patient-specific, is not reported. In addition, charges for therapist services reported on claims may not sufficiently measure true relative differences in therapy resource costs among patients. The data will be used, along with Medicare claims and cost report data, to examine substitution issues: how do costs and outcomes differ for post acute care patients with similar case mix acuity when treated in one of the various settings. The results will be used to provide CMS and the Congress information on setting-neutral payment models, revisions to single setting payment systems, current discharge placement patterns, and patient outcomes across settings. Since the August 24, 2007, **Federal Register** notice (72 FR 48645), we have made minor changes to the CRU instrument in response to public comments and internal review. The changes are primarily wording changes and direction clarifications. These changes are not expected to impact the data collection burden. *Form Number:* CMS-10246 (OMB #: 0938-New); *Frequency:* Reporting and Recordkeeping; *Affected Public:* Private Sector—Business or other for-profits and not-for-profit institutions; *Number of Respondents:* 138; *Total Annual Responses:* 61,589; *Total Annual Hours:* 28,783. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS Web site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995* , or e-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov* , or call the Reports Clearance Office on
(410)786-1326. To be assured consideration, comments and recommendations for the proposed information collections must be received by the OMB desk officer at the address below, no later than 5 p.m. on *December 31, 2007* . OMB Human Resources and Housing Branch, *Attention:* Carolyn Lovett, New Executive Office Building, Room 10235, Washington, DC 20503, Fax Number:
(202)395-6974. Dated: November 21, 2007. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E7-23163 Filed 11-28-07; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services, HHS [Document Identifier: CMS-10165, CMS-2552-96 and CMS-10008] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Centers for Medicare & Medicaid Services. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services
(CMS)is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:
(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;
(2)the accuracy of the estimated burden;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* Revision of a currently approved collection; *Title of Information Collection:* Electronic Health Record; *Use:* The purpose of this demonstration project is to reward the delivery of high-quality care supported by the adoption and use of electronic health records in small to medium-sized primary care physician practices. While this is separate and distinct from the Medicare Care Management Performance
(MCMP)Demonstration, it expands upon the foundation created by the MCMP Demonstration, which was mandated by Section 649 of the Medicare Prescription Drug, Improvement and Modernization Act of 2003. The electronic health record demonstration will be operational for a 5-year period and will be operated under section 402 demonstration waiver authority. The information to be obtained as part of the application form is necessary to document basic information for physician practices that intend to participate in this demonstration initiative. *Form Number:* CMS-10165 (OMB#: 0938-0965); *Frequency:* Once; *Affected Public:* Private sector—Business or other for-profit; *Number of Respondents:* 2,400; *Total Annual Responses:* 2,400; *Total Annual Hours:* 520. 2. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* Hospital and Health Care Complexes Cost Report and supporting Regulations in 42 CFR 413.20 and 413.24; *Use:* This Cost Report Form is filed annually by freestanding providers participating in the Medicare program to effect year end cost settlement for providing services to Medicare beneficiaries. The CMS-2552-96 cost report is needed to determine the amount of reimbursable cost, based upon the cost limits, that is due these providers furnishing medical services to Medicare beneficiaries. *Form Number:* CMS-2552-96 (OMB #: 0938-0050); *Frequency:* Yearly; *Affected Public:* Private sector—Business or other for-profit and Not-for-profit institutions; *Number of Respondents:* 6,175; *Total Annual Responses:* 6,175; *Total Annual Hours:* 4,090,474. 3. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* Process and Information Required to Determine Eligibility of Drugs, Biologicals, and Radiopharmaceutical Agents for Transitional Pass-Through Status Under the Hospital Outpatient Prospective Payment System (OPPS); *Use:* Section 1833(t)(6) of the Social Security Act provides for temporary additional payments or “transitional pass-through payments” for certain drugs and biological agents. Interested parties such as hospitals, pharmaceutical companies, and physicians can apply for transitional pass-through payment for drugs and biologicals used with services covered under the OPPS. CMS uses this information to determine if the criteria for making a transitional pass-through payment are met and if an interim Healthcare Common Procedure Coding System (HCPCS) code for a new drug or biological is necessary. *Form Number:* CMS-10008 (OMB #: 0938-0802); *Frequency:* Once; *Affected Public:* Private sector—Business or other for-profit; *Number of Respondents:* 10; *Total Annual Responses:* 10; *Total Annual Hours:* 160. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS' Web site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995* , or e-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov* , or call the Reports Clearance Office on
(410)786-1326. To be assured consideration, comments and recommendations for the proposed information collections must be received at the address below, no later than 5 p.m. on *January 28, 2008* . CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development—C, *Attention:* Bonnie L Harkless, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Dated: November 21, 2007. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E7-23164 Filed 11-28-07; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Gastrointestinal Drugs Advisory Committee; Notice of Meeting AGENCY: Food and Drug Administration, HHS. ACTION: Notice. This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). The meeting will be open to the public. *Name of Committee* : Gastrointestinal Drugs Advisory Committee. *General Function of the Committee* : To provide advice and recommendations to the agency on FDA's regulatory issues. *Date and Time* : The meeting will be held on January 23, 2008, from 8 a.m. to 5 p.m. *Location* : Hilton Washington DC/Silver Spring, Maryland Ballroom, 8727 Colesville Rd., Silver Spring, MD, 301-589-5200. *Contact Person* : Mimi Phan, Center for Drug Evaluation and Research (HFD-21), Food and Drug Administration, 5600 Fishers Lane (for express delivery, 5630 Fishers Lane, rm. 1093), Rockville, MD 20857, 301-827-7001, FAX: 301-827-6776, e-mail: *Mimi.Phan@fda.hhs.gov* , or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area), code 3014512538. Please call the Information Line for up-to-date information on this meeting. A notice in the **Federal Register** about last minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check the agency's Web site and call the appropriate advisory committee hot line/phone line to learn about possible modifications before coming to the meeting. *Agenda* : The committee will discuss the safety and efficacy of new drug application
(NDA)21-775, ENTEREG (alvimopan), Adolor Corp., for the proposed indication of acceleration of time to upper and lower gastrointestinal recovery following partial large or small bowel resection surgery with primary anastomosis. FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its Web site prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's Web site after the meeting. Background material is available at *http://www.fda.gov/ohrms/dockets/ac/acmenu.htm* , click on the year 2008 and scroll down to the appropriate advisory committee link. *Procedure* : Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before January 8, 2008. Oral presentations from the public will be scheduled between approximately 1 p.m. and 2 p.m. Those desiring to make formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before January 2, 2008. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonable accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by January 3, 2008. Persons attending FDA's advisory committee meetings are advised that the agency is not responsible for providing access to electrical outlets. FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Mimi Phan at least 7 days in advance of the meeting. FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our Web site at *http://www.fda.gov/oc/advisory/default.htm* for procedures on public conduct during advisory committee meetings. Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2). Dated: November 26, 2007. Randall W. Lutter, Deputy Commissioner for Policy. [FR Doc. E7-23177 Filed 11-28-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF THE INTERIOR Bureau of Land Management [CO-200-1430-FR; COC-64330] Notice of Realty Action: Recreation and Public Purposes (R&PP) Act Classification; Logan County, CO AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: The following public land parcel in Logan County, Colorado, has been examined and found suitable for classification for conveyance to the Colorado Division of Wildlife under the provision of the Recreation and Public Purposes Act, as amended, 43 U.S.C. 869 *et seq.* , and under sec. 7 of the Taylor Grazing Act, 43 U.S.C. 315f, and E.O. 6910. Sixth Principal Meridian, Colorado T. 7 N., R. 53 W., Sec. 26, NE 1/4 SE 1/4. The area described contains 40 acres in Logan County. The Colorado Division of Wildlife
(CDOW)has not applied for more than the 6,400 acre limitation for recreation uses in a year. The CDOW has submitted a statement in compliance with the regulations at 43 CFR 2741.4(b). The CDOW proposes to use the land as an addition to its existing Overland State Wildlife Park. The CDOW has not requested more land than is needed for their development and management plans. DATES: Comments as to the proposed classification and conveyance application must be received by BLM for a period of 45 days from the date of publication of this notice in the **Federal Register** . ADDRESSES: Detailed information, including but not limited to, a proposed development plan and documentation relating to compliance with applicable environmental and cultural resources laws is available for review at the Royal Gorge Field Office, Bureau of Land Management, 3170 East Main Street, Canon City, Colorado 81212. FOR FURTHER INFORMATION CONTACT: Debbie Bellew, Realty Specialist, at
(719)269-8514 or *dbellew@co.blm.gov.* SUPPLEMENTARY INFORMATION: The CDOW has filed a petition-application under the provisions of the Recreation and Public Purposes Act, as amended (43 U.S.C. 869 *et seq.* ) for classification and conveyance. The land is not needed for any Federal purposes and has been identified for disposal in the Northeast Colorado Resource Management Plan (September 1986). Conveyance of the land for recreational or public purposes is consistent with current BLM land use planning and would complement the CDOW's outdoor recreation program and would be in the public interest. All interested parties will receive a copy of this notice once it is published in the **Federal Register** . The notice will be published in a newspaper of local circulation for three consecutive weeks. The regulations do not require a public meeting. Upon publication of this notice in the **Federal Register** the parcel will be segregated from all other forms of appropriation under the public land laws, including the general mining laws, except for conveyance under the Recreation and Public Purposes Act and leasing under the mineral leasing laws. The conveyance of the land, when issued, will be subject to the following terms, conditions and reservations: 1. A reservation to the United States for ditches and canals constructed by the authority of the United States Act of August 30, 1890 (43 U.S.C. 945). 2. Provisions of the Recreation and Public Purposes Act and to all applicable regulations of the Secretary of the Interior. 3. All mineral deposits in the parcel shall be reserved to the United States together with the right to prospect for, mine and remove the minerals. 4. All valid existing rights documented on the official public land records at the time of patent issuance. 5. Pursuant to the authority contained in Section 3(d) of Executive Order 11988 of May 24, 1977 (42 FR 26951) and the Recreation and Public Purposes Act of 1926 as amended, 43 U.S.C. 869 *et seq.* , the patent will be subject to a restriction which constitutes a covenant running with the land, that the land, which is within the floodplain of the South Platte River, may be used only for non-intensive open space recreation. 6. Indemnification Term: The patentee, by accepting the patent, covenants and agrees to indemnify, defend, and hold the United States harmless from any costs, damages, claims, causes of action, penalties, fines, liabilities, and judgments of any kind arising from the past, present, or future acts or omissions of the patentee, its employees, agents, contractor, or lessees, or any third party, arising out of, or in connection with, the patentee's use, occupancy or operations on the patented real property. This indemnification and hold harmless agreement includes, but is not limited to, acts and omissions of the patentee and its employees, agents, contractors or lessees, or any third party, arising out of or in connection with the use and/or occupancy of the patented real property which has already resulted or does hereafter result in:
(1)Violations of Federal, State and local laws and regulations that are now, or may in the future, become applicable to the real property;
(2)Judgments, claims, or demands of any kind assessed against the United States;
(3)Costs, expenses, or damages of any kind incurred by the United States;
(4)Releases or threatened releases of solid or hazardous waste(s) and/or hazardous substance(s) as defined by Federal or State environmental laws, off, on, into, or under land, property, and other interests of the United States;
(5)Activities by which solids or hazardous substances or wastes, as defined by Federal and State environmental laws are generated, released, stored, used, or otherwise disposed of on the patented real property, and any cleanup response, remedial action, or other actions related in any manner to said solid or hazardous substance(s) or waste(s); or
(6)natural resource damages as defined by Federal and State law. This covenant shall be construed as running with the patented real property and may be enforced by the United States in a court of competent jurisdiction. 7. CERCLA Term: “Pursuant to the requirements established by section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9620(h)) (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1988, (100 Stat. 1670), notice is hereby given that the above-described parcel has been examined and no evidence was found to indicate that any hazardous substances have been stored for one year or more, nor had any hazardous substances been disposed of or released on the subject property.” *Classification Comments:* Interested persons may submit comments involving the suitability of the land for development as a recreational area to include: a graveled parking lot, boundary fencing, informational signs, food plots (.5-1.5 ac), hunter access paths and flushing strips. Comments on the classification are restricted to whether the land is physically suited for the proposal, whether the use will maximize the future use or uses of the land, whether the use is consistent with local planning and zoning, or if the use is consistent with State and Federal programs. *Application Comments:* Interested persons may submit comments, including notification of any encumbrances or other claim relating to the parcel, and regarding the specific use proposed in the application and plan of development, whether the BLM followed proper administrative procedures in reaching the decision, or any other factors not directly related to the suitability of the land for recreational use and development. Any adverse comments will be reviewed by the BLM State Director, Colorado. In the absence of any adverse comments, this realty action will become effective 60 days after publication of this Notice of Realty Action in the **Federal Register** . The land will not be offered for conveyance until after the classification becomes effective. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so. If you wish to have your name or address withheld from public disclosure under the Freedom of Information Act, you must state it prominently at the beginning of your comments. Any determination by the BLM to release or withhold the names and/or addresses of those who comment will be made on a case-by-case basis. Such requests will be honored to the extent allowed by law. BLM will make available for public review, in their entirety, all comments submitted by businesses or organizations, including comments by individuals in their capacity as an official or representative of an organization or business. (Authority: 43 Code of Federal Regulations
(CFR)2741.5) Roy L. Masinton, Field Manager, Royal Gorge Field Office. [FR Doc. E7-23120 Filed 11-28-07; 8:45 am] BILLING CODE 4310-JB-P INTERNATIONAL TRADE COMMISSION [USITC SE-07-027] Government in the Sunshine Act Meeting Notice Agency Holding The Meeting: United States International Trade Commission. Time And Date: December 6, 2007 at 11 a.m. Place: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone:
(202)205-2000. Status: Open to the public. Matters To Be Considered: 1. Agenda for future meetings: None. 2. Minutes. 3. Ratification List. 4. Inv. No. 731-TA-1135 (Preliminary) (Sodium Metal from France)—briefing and vote. (The Commission is currently scheduled to transmit its determination to the Secretary of Commerce on or before December 7, 2007; Commissioners' opinions are currently scheduled to be transmitted to the Secretary of Commerce on or before December 14, 2007.) 5. Outstanding action jackets: 1. Document GC-07-225 (Administrative matter). In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission. Issued: November 26, 2007. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E7-23181 Filed 11-28-07; 8:45 am] BILLING CODE 7020-02-P NATIONAL SCIENCE FOUNDATION National Science Board; Sunshine Act Meetings The National Science Board, pursuant to NSF regulations (45 CFR part 614), the National Science Foundation Act, as amended (42 U.S.C. 1862n-5), and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice in regard to the scheduling of meetings for the transaction of National Science Board business and other matters specified, as follows: Agency Holding Meeting: National Science Foundation; National Science Board. Date and Time: Wednesday, December 5, 2007, at 8:30 a.m.; and Thursday, December 6, 2007 at 8:30 a.m. Place: National Science Foundation, 4201 Wilson Blvd., Room 1235, Arlington, VA 22230. All visitors must report to the NSF visitor desk at the 9th and N. Stuart Streets entrance to receive a visitor's badge. Status: Some portions open, some portions closed Open Sessions December 5, 2007 8:30 a.m.-9 a.m. 9 a.m.-9:30 a.m. 9:30 a.m.-11 a.m. 11:30 a.m.-noon 1:30 p.m.-3:30 p.m. 5 p.m.-5:15 p.m. December 6, 2007 8:30 a.m.-9 a.m. 9 a.m.-10 a.m. 10 a.m.-10:45 a.m. 11 a.m.-noon 1:30 p.m.-2:30 p.m. Closed Sessions December 5, 2007 11 a.m.-11:30 a.m. 3:30 p.m.-5 p.m. December 6, 2007 10:45 a.m.-11 a.m. 1 p.m.-1:05 p.m. 1:05 p.m.-1:30 p.m. Agency Contact: Dr. Robert E. Webber, *rwebber@nsf.gov,*
(703)292-7000, *http://www.nsf.gov/nsb/.* Matters To Be Discussed: Wednesday, December 5, 2007 CPP Subcommittee on Polar Issues Open Session: 8:30 a.m.-9 a.m. • Approval of October Minutes. • SOPI Chairman's Remarks. • OPP Director's Report. • Reports from Antarctica. CPP Task Force on Sustainable Energy Open Session: 9 a.m.-9:30 a.m. • Task Force Co-Chairmen's Remarks. • Discussion of the Sustainable Energy Background Paper. • Discussion of the First Task Force Workshop. Audit and Oversight Committee Open Session: 9:30 a.m.-11a.m. • Approval of Minutes of the October 2, 2007 Meeting. • Committee Chairman's Opening Remarks. • Chief Financial Officer's Update. • Annual Financial Report. • Report by NSF Advisory Committee on GPRA Performance Assessment. • NSF Human Capital Management Update. • Audit of NSF Practices to Oversee and Manage Its Research Center Programs. • Committee Chairman's Closing Remarks. Closed Session: 11 a.m.-11:30 a.m. • Pending Investigations. CPP Task Force on International Science Open Session: 11:30 a.m.-12 p.m. • Approval of Minutes for October 2007 Meeting. • Task Force Chairman's Remarks. • Review of Public Comments. • Discussion of the Draft Task Force Report on International Science and Engineering Partnerships. Committee on Programs and Plans
(CPP)Open Session: 1:30 p.m.-3:30 p.m. • Approval of Minutes. • Committee Chairman's Remarks. • *Status Reports:* ○ Task Force on Transformative Research. ○ Task Force on International Science. ○ Subcommittee on Polar Issues. ○ Task Force on Sustainable Energy. • *Discussion Item:* Board Policy on Recompetition of NSF Awards. • *Discussion Item:* Facilities Operations and Management. • MREFC & Facilities Update. • NSF Background Information Relevant to NSB Reporting Actions: ○ NSF Support for Interdisciplinary Research. ○ NSF Pilot Program of Grants for New Investigators. • *NSB Information Item:* National Radio Astronomy Observatory (NRAO). • *NSB Information Item:* National Ecological Observatory Network (NEON). • *NSB Information Item:* Global Environment for Network Innovations (GENI). Closed Session: 3:30 p.m.-5 p.m. • *NSB Action Item* : Atacama Large Millimeter Array (ALMA). • *NSB Action Item:* Plant Science Cyber Infrastructure Collaborative (PSCIC). • *NSB Action Item:* National Ecological Observatory Network (NEON). Executive Committee Open Session: 5 p.m.-5:15 p.m. • Approval of Minutes for August 2007. • Executive Committee Chairman's Remarks. • Updates or New Business from Committee Members. Thursday, December 6, 2007 CSB Task Force on Cost Sharing Open Session: 8:30 a.m.-9 a.m. • Task Force Chairman's Remarks. • Report on Cost Sharing Roundtable Discussions at the 2007 National NSF EPSCoR Meeting and the NSF ERC 2007 Annual Meeting. • Discussion of Cost Sharing Roundtable Discussion at the NSF I/UCRC 2008 Annual Meeting. • Discussion of the December 7, 2007 Cost Sharing Roundtable Discussion at NSF. • Discussion of the Cost Sharing Survey. • Discussion of Task Force Timetable and Next Steps after February Delivery of Board. Report on Cost Sharing to Congress. EHR Subcommittee on Science and Engineering Indicators Open Session: 9 a.m.-10 a.m. • Approval of October Minutes. • Subcommittee Chairman's Remarks. • Progress Report on *S&E Indicators* 2008. • Update on *S&E Indicators* “Digest.” • *Science and Engineering Indicators* 2008 Companion Piece. • *Science and Engineering Indicators* 2008 Rollout. • *Science and Engineering Indicators* 2010. • Presentation on Electronic “Digest.” • Subcommittee Chairman's Summary. Committee on Strategy and Budget
(CSB)Open Session: 10 a.m.-10:45 a.m. • Approval of CSB Minutes, October 3, 2007. • Committee Chairman's Remarks. • Recommendations on NSF Average Award Size, Duration, and Proposal Success Rate. • Discussion of the Number of Proposal Submissions by a Single Institution or Principal Investigator. • *Status Report:* CSB Task Force on Cost Sharing. Closed Session: 10:45 a.m.-11a.m. • Status of NSF FY 2009 Budget Request. Committee on Education and Human Resources
(EHR)Open Session: 11a.m.-12 p.m. • Approval of October 2007 Minutes. • Committee Chairman's Remarks. • Update on NSF Implementation of Board STEM Education Guidance. • Status of Subcommittee on Science and Engineering Indicators. • Discussion: Preparing the Next Generation of STEM Innovators. • Board Executive Officer's Report. Plenary Executive Closed Closed Session: 1 p.m.-1:05 p.m. • Approval of October 2007 Minutes. Plenary Closed Closed Session: 1:05 p.m.-1:30 p.m. • Approval of October 2007 Minutes. • Awards and Agreements. • Closed Committee Reports. Plenary Open Open Session: 1:30 p.m.-2:30 p.m. • Approval of October 2007 Minutes. • Resolution to Close February 2008 Meeting. • Chairman's Report. • Director's Report. • Open Committee Reports. Michael P. Crosby, Executive Officer and Board Office Director. [FR Doc. E7-23174 Filed 11-28-07; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 030-04781] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 21-00182-03, for Unrestricted Release of the Pharmacia & Upjohn Company's Facilities in Kalamazoo, MI AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. FOR FURTHER INFORMATION CONTACT: William Snell, Senior Health Physicist, Decommissioning Branch, Division of Nuclear Materials Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Lisle, Illinois 60532; telephone:
(630)829-9871; fax number:
(630)515-1259; or by e-mail at *wgs@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission
(NRC)is considering the issuance of a license amendment to Byproduct Materials License No. 21-00182-03. This license is held by Pharmacia & Upjohn Company, LLC (the Licensee), a subsidiary of Pfizer, Inc., and governs licensed activities at its 7000 Portage Road, Kalamazoo, Michigan site. Issuance of the amendment would authorize release of Building 172 and the adjoining North Tank Farm (the Facilities) for unrestricted use. Licensed activities will continue at other site locations. The Licensee requested this action in a letter dated August 22, 2007. The NRC has prepared an Environmental Assessment
(EA)in support of this proposed action in accordance with the requirements of Title 10, Code of Federal Regulations (CFR), part 51 (10 CFR part 51). Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate with respect to the proposed action. The amendment will be issued to the Licensee following the publication of this FONSI and EA in the **Federal Register** . II. Environmental Assessment Identification of Proposed Action The proposed action would approve the Licensee's August 22, 2007, license amendment request, resulting in release of the Facilities for unrestricted use. License No. 21-00182-03 was issued on April 24,1958, pursuant to 10 CFR part 30, and has been amended periodically since that time. This license authorizes the Licensee to use byproduct materials for activities involving research and development. Amendment 21 issued on July 31, 1984, authorized the incineration of licensed materials in Building 172. The principal types of waste burned in the incinerator in Building 172 included pathologic wastes, trash, returned pharmaceuticals, organic process residues, waste solvents and laboratory chemicals. Some of this incinerated waste was contaminated with low levels of radioactive materials. The Facilities are situated on a 1728 acre pharmaceutical complex consisting of multiple chemical and compound manufacturing structures including offices and pharmaceutical manufacturing facilities. Building 172 is a one story building of about 8500 square feet that is 24 feet in height which contains the incinerator, operating controls, emissions controls, office areas, and waste receipt, transfer and shipping areas. The incinerator is a rotary kiln that is 12 feet long and 5 1/2 feet in diameter with a secondary combustion chamber that is 19 feet long and about 8 feet in diameter. The adjoining North Farm Area consists of three 10,000 gallon steel and carbon tanks used to store liquids prior to incineration. The pharmaceutical complex is located in a mixed residential, agricultural and commercial area. The licensee ceased using the 10,000 gallon tanks to receive or store radioactive liquids in 1996 and ceased using the incinerator in Building 172 in December 2006. A facility historical site assessment and scoping surveys were performed in January 2007, while demolition and final status surveys of the Facilities were initiated in June 2007. Based on the Licensee's historical knowledge of the site and the conditions of the Facilities, the Licensee determined that only routine decontamination activities, in accordance with their NRC-approved, operating radiation safety procedures, were required. The Licensee was not required to submit a decommissioning plan to the NRC because worker cleanup activities and procedures are consistent with those approved for routine operations. The Licensee conducted surveys of the Facilities in June and July 2007 and provided information to the NRC to demonstrate that they meet the criteria in Subpart E of 10 CFR part 20 for unrestricted release. Need for the Proposed Action The Licensee has ceased conducting licensed activities in the Facilities and seeks their unrestricted use. Environmental Impacts of the Proposed Action The historical review of the relevant licensed activities shows that such activities involved use of the following radionuclides with half-lives greater than 120 days: Hydrogen-3 and carbon-14. Prior to performing the final status survey, the Licensee conducted decontamination activities, as necessary, in the areas affected by these radionuclides. The Licensee completed final status surveys in July 2007 covering all areas of the Facilities. The final status survey report was attached to the Licensee's amendment request dated August 22, 2007. The Licensee elected to demonstrate compliance with the radiological criteria for unrestricted release as specified in 10 CFR 20.1402 using the screening approach described in NUREG-1757, “Consolidated NMSS Decommissioning Guidance,” Volume 2. The Licensee used the radionuclide-specific derived concentration guideline levels (DCGLs), developed by the NRC, which comply with the dose criterion in 10 CFR 20.1402. These DCGLs define the maximum amount of residual radioactivity on building surfaces, equipment, and materials, and in soils, that will satisfy the NRC requirements in Subpart E of 10 CFR part 20 for unrestricted release. The Licensee's final status survey results were below these DCGLs and are in compliance with the As Low As Reasonably Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC thus finds that the Licensee's final status survey results are acceptable. Based on its review, the staff has determined that the affected environment and any environmental impacts associated with the proposed action are bounded by the impacts evaluated by the “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities” (NUREG-1496) Volumes 1-3 (ML042310492, ML042320379, and ML042330385). The staff finds there were no significant environmental impacts from the use of radioactive material in Building 172 and the adjoining North Farm Area. The NRC staff reviewed the docket file records and the final status survey report to identify any non-radiological hazards that may have impacted the environment surrounding the Facilities. No such hazards or impacts to the environment were identified. The NRC has identified no other radiological or non-radiological activities in the area that could result in cumulative environmental impacts. The NRC staff finds that the proposed release of the Facilities for unrestricted use is in compliance with 10 CFR 20.1402, including the impact of residual radioactivity at previously-released site locations of use. Based on its review, the staff considered the impact of the residual radioactivity from the Facilities and concluded that the proposed action will not have a significant effect on the quality of the human environment. Environmental Impacts of the Alternatives to the Proposed Action Due to the largely administrative nature of the proposed action, its environmental impacts are small. Therefore, the only alternative the staff considered is the no-action alternative, under which the staff would leave things as they are by simply denying the amendment request. This no-action alternative is not feasible because it conflicts with 10 CFR 30.36(d), requiring that decommissioning of byproduct material facilities be completed and approved by the NRC after licensed activities cease. The NRC's analysis of the Licensee's final status survey data confirmed that Building 172 and the adjoining North Farm Area meet the requirements of 10 CFR 20.1402 for unrestricted release. Additionally, denying the amendment request would result in no change in current environmental impacts. The environmental impacts of the proposed action and the no-action alternative are therefore similar, and the no-action alternative is accordingly not further considered. Conclusion The NRC staff has concluded that the proposed action is consistent with the NRC's unrestricted release criteria specified in 10 CFR 20.1402. Because the proposed action will not significantly impact the quality of the human environment, the NRC staff concludes that the proposed action is the preferred alternative. Agencies and Persons Consulted NRC provided a draft of this Environmental Assessment to the Michigan Department of Environmental Quality
(DEQ)for review on October 31, 2007. On November 6, 2007, Mr. Bob Skowronek, Chief, Radioactive Materials Unit, with the Michigan DEQ, responded by e-mail. The State agreed with the conclusions of the EA, and otherwise had no comments. The NRC staff has determined that the proposed action is of a procedural nature, and will not affect listed species or critical habitat. Therefore, no further consultation is required under Section 7 of the Endangered Species Act. The NRC staff has also determined that the proposed action is not the type of activity that has the potential to cause effects on historic properties. Therefore, no further consultation is required under Section 106 of the National Historic Preservation Act. III. Finding of No Significant Impact The NRC staff has prepared this EA in support of the proposed action. On the basis of this EA, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a Finding of No Significant Impact is appropriate. IV. Further Information Documents related to this action, including the application for license amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The documents related to this action are listed below, along with their ADAMS accession numbers. 1. Dee L. Clement, Pfizer, Inc., letter to William Snell, U.S. Nuclear Regulatory Commission, Region III, dated August 22, 2007 (ADAMS Accession No. ML072360479); 2. NRC Inspection Report No. 030-04781/07-01(DNMS) (NRC Form 591M) dated June 29, 2007 (ADAMS Accession No. ML071840206); 3. Title 10 Code of Federal Regulations, Part 20, Subpart E, “Radiological Criteria for License Termination;” 4. Title 10 Code of Federal Regulations, Part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions;” 5. NUREG-1496, “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities;” 6. NUREG-1757, “Consolidated NMSS Decommissioning Guidance.” If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room
(PDR)Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Lisle, Illinois, this 16th day of November 2007. For the Nuclear Regulatory Commission. Patrick L. Louden, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. E7-23159 Filed 11-28-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 030-34325] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for Amendment of a Materials Permit in Accordance With Byproduct Materials License No. 03-23853-01va, for Unrestricted Release of a Department of Veterans Affairs' Facility in Coatesville, PA AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. FOR FURTHER INFORMATION CONTACT: William Snell, Senior Health Physicist, Decommissioning Branch, Division of Nuclear Materials Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Lisle, Illinois 60532; telephone:
(630)829-9871; fax number:
(630)515-1259; or by e-mail at *wgs@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission
(NRC)is considering the amendment of a materials permit held under Master Byproduct Materials License No. 03-23853-01VA. The license is held by the Department of Veterans Affairs (the Licensee). The permit pertains to its VA Medical Center facility located at 1400 Black Horse Hill Road, Coatesville, Pennsylvania (the Facility). Issuance of the amendment would authorize release of the Facility's Building 11 for unrestricted use and termination of the permit. The Licensee requested this action in a letter dated June 28, 2007. The NRC has prepared an Environmental Assessment
(EA)in support of this proposed action in accordance with the requirements of Title 10, Code of Federal Regulations (CFR), part 51 (10 CFR part 51). Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate with respect to the proposed action. The amendment will be issued to the Licensee following the publication of this FONSI and EA in the **Federal Register** . II. Environmental Assessment Identification of Proposed Action The proposed action would approve the Licensee's June 28, 2007, materials permit amendment request, resulting in release of Building 11 for unrestricted use. License No. 03-23853-01VA was issued on March 17, 2003, pursuant to 10 CFR Parts 30 and 35, and has been amended periodically since that time. This license authorizes the Licensee to use byproduct materials at Licensee facilities, as authorized by permits issued by the Licensee's National Radiation Safety Committee for: Medical use defined in 10 CFR part 35; research and development as defined in 10 CFR part 30; portable gauge use; and veterinary use. Building 11 is a three-story brick building containing 65 rooms, is approximately 40 by 200 feet in size, and was used for research. The site is located in a semi-rural area of mixed residential and commercial land use. Between 1964 and 1996, the VA Medical Center in Coatesville possessed numerous Atomic Energy Commission and NRC licenses. Use of licensed materials at the Medical Center ceased in 1995, and the last of the licenses was terminated in 1996 and the site was released for unrestricted use. Following that action, 28 radioactive-labeled vials were found in Building 11. Accordingly, in February 2006, the Licensee issued a new permit authorizing the Facility to store these vials pending their disposal. Based on the Licensee's historical knowledge of the site and the conditions of Building 11, the Licensee determined that only routine decontamination activities in accordance with NRC guidance were required to search for any other radioactive materials and conduct radiological surveys of Building 11. The Licensee was not required to submit a decommissioning plan to the NRC because worker cleanup activities and procedures are consistent with those approved for routine operations. The Licensee conducted surveys of Building 11 on February 2, April 6, September 28, and October 4, 2006, and on March 9, 2007, and provided information to the NRC to demonstrate that the proposed action will meet the criteria in Subpart E of 10 CFR part 20 for unrestricted release. Need for the Proposed Action The Licensee has ceased conducting licensed activities in Building 11, and seeks the unrestricted use of Building 11. Environmental Impacts of the Proposed Action The historical review of licensed activities conducted in Building 11 shows that such activities involved use of the following radionuclides with half-lives greater than 120 days: hydrogen-3 (H-3) and carbon-14 (C-14). Prior to performing the final status survey, the Licensee conducted decontamination activities, as necessary, in the areas of Building 11 affected by these radionuclides. The Licensee completed final status surveys on Building 11 on March 9, 2007. The surveys covered all areas of Building 11. The final status survey report was attached to the Licensee's amendment request dated June 28, 2007. The Licensee elected to demonstrate compliance with the 10 CFR 20.1402 criteria for unrestricted release by using release criteria for building surfaces based on NRC Regulatory Guide 1.86, “Termination of Operating Licenses for Reactors.” The criterion used is 5 × 10 3 disintegrations per minute per 100 square centimeters (dpm/100 cm 2 ) for H-3 and C-14. These values are much more restrictive than the radionuclide-specific dose-based release criteria described in NUREG-1757, “Consolidated NMSS Decommissioning Guidance,” Volume 2, which are 1.2 × 10 8 dpm/100 cm 2 for H-3 and 3.7 × 10 6 dpm/100 cm 2 for C-14. These values define the maximum amount of residual radioactivity on building surfaces, equipment, and materials that will satisfy the NRC requirements in Subpart E of 10 CFR part 20 for unrestricted release. The Licensee's final status survey results were below these values and are in compliance with the As Low As Reasonably Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC thus finds that the Licensee's final status survey results are acceptable. Based on its review, the staff has determined that the affected environment and any environmental impacts associated with the proposed action are bounded by the impacts evaluated by the “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities” (NUREG-1496) Volumes 1-3 (ML042310492, ML042320379, and ML042330385). The staff finds there were no significant environmental impacts from the use of radioactive material in Building 11. The NRC staff reviewed the docket file records and the final status survey report to identify any non-radiological hazards that may have impacted the environment surrounding Building 11. No such hazards or impacts to the environment were identified. The NRC has identified no other radiological or non-radiological activities in the area that could result in cumulative environmental impacts. The NRC staff finds that the proposed release of Building 11 for unrestricted use and the termination of the Licensee's permit is in compliance with 10 CFR part 20. Based on its review, the staff considered the impact of the residual radioactivity from Building 11 and concluded that the proposed action will not have a significant effect on the quality of the human environment. Environmental Impacts of the Alternatives to the Proposed Action Due to the largely administrative nature of the proposed action, its environmental impacts are small. Therefore, the only alternative the staff considered is the no-action alternative, under which the staff would leave things as they are by simply denying the amendment request. This no-action alternative is not feasible because it conflicts with 10 CFR 30.36(d), requiring that decommissioning of byproduct material facilities be completed and approved by the NRC after licensed activities cease. The NRC's analysis of the Licensee's final status survey data confirmed that Building 11 meets the requirements of 10 CFR 20.1402 for unrestricted release. Additionally, denying the amendment request would result in no change in current environmental impacts. The environmental impacts of the proposed action and the no-action alternative are therefore similar, and the no-action alternative is accordingly not further considered. Conclusion The NRC staff has concluded that the proposed action is consistent with the NRC's unrestricted release criteria specified in 10 CFR 20.1402. Because the proposed action will not significantly impact the quality of the human environment, the NRC staff concludes that the proposed action is the preferred alternative. Agencies and Persons Consulted NRC provided a draft of this Environmental Assessment to the Pennsylvania Bureau of Radiation Protection for review on October 5, 2007. On October 10, 2007, the Bureau of Radiation Protection, responded by e-mail. The State agreed with the conclusions of the EA, and otherwise had no comments. The NRC staff has determined that the proposed action is of a procedural nature, and will not affect listed species or critical habitat. Therefore, no further consultation is required under Section 7 of the Endangered Species Act. The NRC staff has also determined that the proposed action is not the type of activity that has the potential to cause effects on historic properties. Therefore, no further consultation is required under Section 106 of the National Historic Preservation Act. III. Finding of No Significant Impact The NRC staff has prepared this EA in support of the proposed action. On the basis of this EA, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a Finding of No Significant Impact is appropriate. IV. Further Information Documents related to this action, including the application for license amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html* . From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The documents related to this action are listed below, along with their ADAMS accession numbers. 1. E. Lynn McGuire, Department of Veterans Affairs, letter to Cassandra Frazier, U.S. Nuclear Regulatory Commission, Region III, dated June 28, 2007 (ADAMS Accession No. ML071860254); 2. Regulatory Guide 1.86, “Termination of Operating Licenses for Reactors;” 3. Title 10 Code of Federal Regulations, Part 20, Subpart E, “Radiological Criteria for License Termination;” 4. Title 10 Code of Federal Regulations, Part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions;” 5. NUREG-1496, “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities;” 6. NUREG-1757, “Consolidated NMSS Decommissioning Guidance.” If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room
(PDR)Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov* . These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Lisle, Illinois, this 16th day of November 2007. For the Nuclear Regulatory Commission. Patrick L. Louden, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. E7-23161 Filed 11-28-07; 8:45 am] BILLING CODE 7590-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56831; File No. SR-Amex-2007-98] Self-Regulatory Organizations; American Stock Exchange LLC; Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment Nos. 1 and 2, Relating to the Listing and Trading of Units of the United States 12 Month Oil Fund, LP and the United States 12 Month Natural Gas Fund, LP November 21, 2007. I. Introduction Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 2 thereunder, notice is hereby given that on August 23, 2007, the American Stock Exchange LLC (“Amex” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. On September 14, 2007, the Exchange submitted Amendment No. 1 to the proposed rule change. On October 25, 2007, the Exchange submitted Amendment No. 2 to the proposed rule change. The proposed rule change, as amended, was published for comment in the **Federal Register** on November 2, 2007 for a 15-day comment period. 3 This order approves the proposed rule change, as modified by Amendment Nos. 1 and 2 on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 56719 (October 29, 2007), 72 FR 62277 (“Notice”). II. Description of Proposal The Exchange proposes to list and trade units (each a “Unit” and, collectively, the “Units”) of each of the United States 12 Month Oil Fund, LP (“12 Month Oil Fund”) and the United States 12 Month Natural Gas Fund, LP (“12 Month Natural Gas Fund”) (each a “Partnership” and, collectively, the “Partnerships”) pursuant to Amex Rules 1500-AEMI and 1501 through 1505. 4 The Exchange has represented that the Units will conform to the initial and continued listing criteria under Rule 1502, 5 specialist prohibitions under Rule 1503 and the obligations of specialists under Rule 1504. 4 Amex Rule 1500-AEMI provides for the listing of Partnership Units, which are defined as securities, that are:
(a)issued by a partnership that invests in any combination of futures contracts, options on futures contracts, forward contracts, commodities, and/or securities; and
(b)that are issued and redeemed daily in specified aggregate amounts at net asset value. *See* Exchange Act Release No. 53582 (March 31, 2006), 71 FR 17510 (April 6, 2006) (SR-Amex-2005-127) (approving Amex Rules 1500-AEMI and 1501 through 1505 in conjunction with the listing and trading of Units of the United States Oil Fund, LP). 5 The Amex stated that it will require a minimum of 100,000 Units to be outstanding at the start of trading and expects that the initial price of a Unit will be $50.00. Ownership of a Partnership Unit represents a fractional undivided unit of a beneficial interest in the net assets of that Partnership. 6 Each of the net assets of the 12 Month Oil Fund and the 12 Month Natural Gas Fund will consist primarily of investments in futures contracts for crude oil, heating oil, gasoline, natural gas, and other petroleum-based fuels that are traded on the New York Mercantile Exchange (“NYMEX”), Intercontinental Exchange (“ICE Futures”) or other U.S. and foreign exchanges (collectively, “Futures Contracts”). In the case of the 12 Month Oil Fund, the predominant investments are expected to be based on, or related to, crude oil. Similarly, for the 12 Month Natural Gas Fund, the predominant investments are expected to be based on, or related to, natural gas. 6 Each Partnership is a commodity pool that will issue Units that may be purchased and sold on the Exchange. The 12 Month Oil Fund may also invest in other crude oil-related investments such as cash-settled options on Futures Contracts, forward contracts for crude oil, and over-the-counter (“OTC”) transactions based on the price of crude oil, heating oil, gasoline, natural gas, other petroleum-based fuels, Futures Contracts, and indices based on the foregoing (collectively, “Other Crude Oil-Related Investments”). Futures Contracts and Other Crude Oil-Related Investments collectively are referred to as “Crude Oil Interests.” Similarly, the 12 Month Natural Gas Fund may also invest in other natural gas-related investments such as cash-settled options on Futures Contracts, forward contracts for natural gas, and OTC transactions based on the price of natural gas, crude oil and other petroleum-based fuels, Futures Contracts and indices based on the foregoing (collectively, “Other Natural Gas-Related Investments”). Futures Contracts and Other Natural Gas-Related Investments collectively are referred to as “Natural Gas Interests.” Each of the 12 Month Oil Fund and the 12 Month Natural Gas Fund will invest in Crude Oil Interests and Natural Gas Interests, respectively, to the fullest extent possible without being leveraged or unable to satisfy its current or potential margin or collateral obligations. In pursuing this objective, the primary focus of each Partnership's investment manager, Victoria Bay Asset Management, LLC (“General Partner”), will be the investment in Futures Contracts and the management of its investments in short-term obligations of the United States of two years or less (“Treasuries”) and cash and cash equivalents (collectively, “Cash”) for margining purposes and as collateral. Each Fund seeks to track price changes in percentage terms of an underlying commodity as measured by a benchmark defined to be the average price of specified futures contracts. 7 The investment objective of the 12 Month Oil Fund is for the changes in percentage terms of the Units' net asset value (“NAV”) to reflect the changes in percentage terms of the price of light, sweet crude oil delivered to Cushing, Oklahoma, as measured by the changes in the average of the prices of twelve crude oil futures contracts traded on NYMEX (the “Oil Benchmark Futures Contracts”), less the 12 Month Oil Fund's expenses. 8 Similarly, the investment objective of the 12 Month Natural Gas Fund is for the changes in percentage terms of the Units' NAV to reflect the changes in percentage terms of the price of natural gas delivered at the Henry Hub, Louisiana, as measured by the changes in the average of the prices of 12 futures contracts on natural gas traded on NYMEX (the “Natural Gas Benchmark Futures Contracts”), less the 12 Month Natural Gas Fund's expenses. 9 With respect to both funds, when calculating the daily movement of the average price of the relevant twelve futures contracts, each contract month will be equally weighted. 7 A detailed discussion of the underlying benchmark for each Fund, dissemination of the values thereof, investment objective of the Funds, portfolio investment methodology, investment techniques, availability of information and key values, creation and redemption of Units, dividends and distributions, Amex's initial and continued listing standards, Amex trading rules and trading halts, information circular to Exchange members, and other related information regarding the Funds can be found in the Notice. *See supra* note 3. 8 The Oil Benchmark Futures Contracts consist of the near month contract to expire and the contracts for the following eleven months, for a total of twelve consecutive months' contracts, except when the near month contract is within two weeks of expiration, in which case it will be measured by the futures contracts that are the next month contract to expire and the contracts for the eleven consecutive months following that contract. The average price is determined by summing up the 12 individual monthly prices and dividing them by 12, and then comparing that result to the prior day's average price determined in the same fashion. The composition of the Oil Benchmark Futures Contracts will be changed or “rolled” over a one day period by selling the near month contract and buying the contract, which at that time is the thirteen month contract. 9 The Natural Gas Benchmark Futures Contracts consist of the near month contract to expire and the contracts for the following eleven months, for a total of twelve consecutive months' contracts, except when the near month contract is within two weeks of expiration, in which case it will be measured by the futures contracts that are the next month contract to expire and the contracts for the eleven consecutive months following that contract. The average price is determined by summing up the 12 individual monthly prices and dividing them by 12, and then comparing that result to the prior day's average price determined in the same fashion. The composition of the Natural Gas Benchmark Futures Contract will be changed or “rolled” over a one day period by selling the near month contract and buying the contract which at that time is the thirteen month contract on the same day. The General Partner for the Funds will employ a “neutral” investment strategy intended to track the changes in the price of crude oil and natural gas, respectively, regardless of whether the price of those commodities goes up or goes down. The “neutral” investment strategy is designed to permit investors to purchase and sell the Funds' Units for the purpose of investing indirectly in crude oil and natural gas in a cost-effective manner and/or to permit market participants to hedge the risk of losses in crude oil or natural gas investments. III. Commission Findings and Accelerated Approval After careful review, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 10 In particular, the Commission finds that the proposed rule change is consistent with section 6(b)(5) of the Act, 11 which requires that an exchange have rules designed, among other things, to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest; and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers, or to regulate by virtue of any authority conferred by the Act matters not related to the purpose of the Act or the administration of the Exchange. The Commission notes that it previously approved the original listing and trading of certain partnership units similar to the Units. 12 10 In approving this proposed rule change, the Commission notes that it has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 11 15 U.S.C. 78f(b)(5). 12 *See* Securities Exchange Act Release Nos. 53582 (March 31, 2006), 71 FR 17510 (April 6, 2006) (SR-Amex-2005-127) (approving Amex Rules 1500-AEMI and 1501 through 1505 in conjunction with the listing and trading of Units of the United States Oil Fund, LP); and 55632 (April 13, 2007), 72 FR 19987 (April 20, 2007) (SR-Amex-2006-112) (approving the listing and trading of shares of the United States Natural Gas Fund, LP). The Commission further believes that the proposal is consistent with section 11A(a)(1)(C)(iii) of the Act, 13 which sets forth Congress' finding that it is in the public interest and appropriate for the protection of investors and the maintenance of fair and orderly markets to assure the availability to brokers, dealers, and investors of information with respect to quotations for and transactions in securities. The Amex will disseminate for each Partnership every 15 seconds throughout Amex's trading day by means of the Consolidated Tape Association/Consolidated Quote High Speed Lines information with respect to the indicative partnership value (“IPV”). The Exchange will also make available on its Web site daily trading volume, the closing prices, and the NAV. Web site disclosure of portfolio holdings for both Funds will be made daily and will include, as applicable, the specific types, the name and value of each Crude Oil or Natural Gas Interest, the specific types of Crude Oil or Natural Gas Interests and characteristics of such Crude Oil or Natural Gas Interests, Treasuries, and amount of Cash held in the portfolio of the Funds. In addition, Amex represented that quotations and last-sale information regarding the Futures Contracts are widely disseminated through a variety of market data vendors worldwide, including Bloomberg and Reuters. In addition, the Exchange further represented that real-time futures data is available by subscription from Reuters and Bloomberg. 13 15 U.S.C. 78k-1(a)(1)(C)(iii). Furthermore, the Commission believes that the proposal to list and trade the Units is reasonably designed to promote fair disclosure of information that may be necessary to price the Units appropriately and to prevent trading when a reasonable degree of transparency cannot be assured. The Commission also believes that the Exchange's trading halt rules are reasonably designed to prevent trading in the Units when transparency is impaired. Trading in the Units will be halted in the event the market volatility trading halt parameters set forth in Amex Rule 117 have been reached. In addition, Amex Rule 1502(b)(ii)-(iii) provides that, if the IPV or the underlying benchmark futures contract of a Fund is not being disseminated as required, the Exchange may halt trading during the day in which the interruption to the dissemination occurs. If the interruption to the dissemination of the IIV or the underlying benchmark futures contract persists past the trading day in which it occurred, the Exchange will halt trading no later than the beginning of the trading day following the interruption. The Commission further believes that the trading rules and procedures to which the Units will be subject pursuant to this proposal are consistent with the Act. The Exchange has represented that the Units will be traded on the Exchange similar to other equity securities. In support of this proposal, the Exchange has made the following representations:
(1)The Exchange will obtain a representation from each Partnership, prior to listing, that the NAV per Unit for each Fund will be calculated daily and made available to all market participants at the same time. In addition, the Exchange represents that disclosure of the portfolio composition for each Fund will be made to all market participants at the same time.
(2)The Exchange's surveillance procedures are adequate to deter and detect violations of Exchange rules relating to trading of the Units. Specifically, the surveillance procedures will be similar to those used for units of the United States Oil Fund, LP and the United States Natural Gas Fund, LP as well as other commodity-based trusts, trust issued receipts, and exchange-traded funds. In addition, the surveillance procedures will incorporate and rely upon existing Amex surveillance procedures governing options and equities. The Exchange currently has in place a comprehensive surveillance sharing agreement with each of NYMEX and ICE Futures for the purpose of providing information in connection with trading in, or related to, futures contracts traded on NYMEX and ICE Futures, respectively. To the extent that a Partnership invests in Crude Oil Interests or Natural Gas Interests traded on other exchanges, the Amex will enter into comprehensive surveillance sharing agreements with those particular exchanges. The Exchange has represented that each of the Partnerships will only invest in futures contracts on markets where the Exchange has entered into the appropriate comprehensive surveillance sharing agreements.
(3)Prior to the commencement of trading, the Exchange will inform its members and member organizations in an Information Circular. The Information Circular will discuss the special characteristics, and risks, of trading in the Units. Specifically, the Information Circular, among other things, will discuss what the Units are, how a basket of Units is created and redeemed, the requirement that members and member firms deliver a prospectus to investors purchasing the Units prior to, or concurrently with, the confirmation of a transaction, applicable Amex rules, dissemination of information regarding the per-Unit IPV, trading information, and applicable suitability rules. The Information Circular will also reference the fact that there is no regulated source of last sale information regarding physical commodities, and describe the regulatory framework relating to the trading of crude oil, natural gas, heating oil, gasoline, or other petroleum-based fuels and crude oil- and natural gas-based futures contracts and related options. The Information Circular will also discuss any relief, if granted, by the Commission or the staff from any rules under the Act.
(4)The Trust is required to comply with Rule 10A-3 under the Act 14 for the initial and continued listing of the Units. 14 17 CFR 240.10A-3. This approval order is based on the Exchange's representations. Acceleration The Commission finds good cause, pursuant to Section 19(b)(2) of the Act, 15 for approving the proposed rule change, as amended, prior to the thirtieth day after the date of publication of notice in the **Federal Register** . The Commission notes that the present proposal is similar to prior proposals that the Commission has approved, 16 is consistent with current Amex listing requirements, and received no comments following publication in the **Federal Register** . The Commission does not believe that the proposed rule change, as amended, raises novel regulatory issues. Consequently, the Commission believes that it is appropriate to permit investors to benefit from these additional investment choices without delay. 15 15 U.S.C. 78s(b)(2). 16 *See supra* , note 12. Accordingly, the Commission finds that there is good cause, consistent with section 6(b)(5) of the Act, 17 to approve the proposal, as amended, on an accelerated basis. 17 15 U.S.C. 78s(b)(5). V. Conclusion *It is therefore ordered* , pursuant to section 19(b)(2) of the Act, 18 that the proposed rule change (SR-Amex-2007-98), as amended, be, and is hereby approved on an accelerated basis. 18 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 19 19 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-23169 Filed 11-28-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56824; File No. CBOE-2007-134] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of Proposed Rule Change Relating to the Continuous Quoting Obligations of DPMs November 20, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on November 9, 2007, the Chicago Board Options Exchange, Incorporated (“CBOE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change as described in Items I, II, and III below, which Items have been prepared substantially by CBOE. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend CBOE Rule 8.85 relating to the continuous quoting obligations of Designated Primary Market-Makers (“DPMs”). The text of the proposed rule change is available at CBOE, the Commission's Public Reference Room, and *http://www.cboe.com/legal* . II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, CBOE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. CBOE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose CBOE proposes to modify the continuous electronic quoting obligation of DPMs in multiply-listed option classes, and make them consistent with the continuous quoting obligation of e-DPMs 3 and Lead Market-Makers (“LMMs”) in Hybrid option classes. 4 CBOE is not proposing to change the continuous electronic quoting obligation of DPMs in classes listed solely on CBOE. 3 *See* CBOE Rule 8.93. 4 *See* CBOE Rule 8.15A. Currently, DPMs are required to provide continuous electronic quotations in 100% of the series of each option class allocated to the DPM. E-DPMs and LMMs, on the other hand, are required to provide continuous electronic quotes in 90% of the series of each appointed option class. CBOE believes that it would be appropriate and reasonable to reduce the continuous electronic quoting obligation of DPMs in multiply-listed option classes from 100% of the series to 90% of the series. The participation entitlement for DPMs has been reduced over the past several years, and presently the participation entitlement is allocated between DPMs and e-DPMs under Rule 8.87. Specifically, if the DPM and one or more e-DPMs are quoting at the best bid/offer on CBOE, one-half of the entitlement is allocated to the DPM, and the other half is divided equally among the e-DPMs quoting at the best bid/offer on CBOE. In addition, in 2005 CBOE implemented a Preferred Market-Maker Program which provides that in instances where a Preferred Market-Maker receives a participation entitlement, then the DPM and e-DPM participation entitlement shall not apply to any order. 5 5 *See* CBOE Rule 8.13. CBOE believes that reducing the continuous electronic quoting obligations of DPMs in multiply-listed option classes may also mitigate quotations. In the event that an order is received in a series of a multiply-listed option class in which CBOE is not disseminating a quotation, CBOE would process the order in accordance with the provisions of Rule 6.14—the Hybrid Agency Liaison. As a result, CBOE does not believe there would be any negative effect on the handling of orders. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act, 6 in general, and furthers the objectives of Section 6(b)(5) of the Act, 7 in particular, in that it is designed to promote just and equitable principles of trade, serve to remove impediments to and perfect the mechanism of a free and open market and a national market system, and protect investors and the public interest. 6 15 U.S.C. 78f(b). 7 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which CBOE consents, the Commission will:
(A)By order approve such proposed rule change, or
(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-CBOE-2007-134 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CBOE-2007-134. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of CBOE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CBOE-2007-134 and should be submitted on or before December 20, 2007. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 8 8 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-23168 Filed 11-28-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56833; File No. SR-CHX-2007-26] Self-Regulatory Organizations; The Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment Number 1 Thereto Relating to Participant Fees and Credits November 21, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on October 31, 2007, The Chicago Stock Exchange, Inc. (“CHX” or “Exchange”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. On November 19, 2007, CHX filed Amendment No. 1 to the proposed rule change. The Exchange has designated this proposal as one establishing or changing a due, fee, or other charge imposed by the Exchange under Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(2) thereunder, 4 which renders it effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The CHX proposes to amend its Schedule of Participant Fees and Credits (the “Fee Schedule”) to:
(a)Provide that port fees would not be charged to participant firms that provide a certain amount of liquidity to the “Matching System” 5 ;
(b)modify the “provide” credits associated with trades in Tape B securities to create an incentive to send orders in these and other securities to the Matching System;
(c)modify the fees for the receipt of orders through the CHX Connect network; and
(d)add new fees in connection with the processing of away-market trades that are sent to clearing through the Exchange's facilities. The text of the proposed rule change is available at the Exchange's Web site, *http://www.chx.com/rules/proposed_rules.htm* , the Exchange, and the Commission's Public Reference Room. 5 *See generally,* CHX Rules, Article 20. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, CHX included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. CHX has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Through this filing, the Exchange would amend its Fee Schedule in several ways. First, the Exchange would amend the Fee Schedule to provide that port fees would not be charged to participant firms that provide a certain amount of liquidity to the Matching System. 6 Specifically, port fees would not be charged to a participant firm for any month in which that firm executes an average daily volume of 5 million or more provide shares in the Matching System. 7 The Exchange believes that it is appropriate to eliminate the port fees charged to participant firms that send a high level of volume to the Matching System because the Exchange's costs of providing services to these firms are offset by the revenues produced by the firms' trading activity on the Exchange. 6 Under the Exchange's Fee Schedule, port charges of $400 per month currently are assessed for each participant give-up that has access through a participant connection to the Matching System. Port charges are not assessed for access to the Matching System through the Exchange's Brokerplex system. 7 A “provide” share is one that is given a provide credit under the take/provide provisions of the Exchange's Fee Schedule. *See* Fee Schedule, Section E(1). In calculating a firm's average daily volume, the Exchange would not count activity on days when the Exchange closes early. As its second Fee Schedule change, the Exchange would modify the provide credits associated with trades in Tape B securities to create an incentive for CHX participants to send orders in these and other securities to the Matching System. Under the current Fee Schedule, the Exchange charges a $.0029/share take fee and pays a $.0026/share credit in connection with the execution of single-sided orders of 100 or more shares in the Exchange's Matching System. The Exchange proposes to increase, to $.0036/share, the credit paid for trades in Tape B securities, for any participant firm that executes an average daily volume of 5 million or more provide shares in Tape A and/or C securities in the Exchange's Matching System. The Exchange also proposes to increase, to $.0032/share, the credit paid for trades in Tape B securities, for any participant firm that executes an average daily volume of fewer than 5 million provide shares in Tape A and/or C securities. 8 These increases in the credit paid for trades in Tape B securities are in direct response to price changes announced by other market centers and are designed to create an incentive for CHX participants to send orders in Tape B securities to the CHX, rather than to other markets. 9 8 In calculating a firm's average daily volume, the Exchange would not count trading activity on days when the Exchange closes early. The Exchange calculates a firm's ADV based on the total number of provide shares executed in the Exchange's Matching System for each full trading day in a month, divided by the number of full trading days. 9 The Exchange's proposal to make the top tier of the credit available to firms that execute at least a certain number of shares in Tape A and C securities similarly is designed to create an incentive for firms to send orders in these securities to the Exchange. Another proposed change to the Fee Schedule would modify the fees for the receipt of orders through the CHX Connect network. 10 Under the current Fee Schedule, the Exchange charges a $5,000 per month fee to any participant firm that receives orders through the CHX Connect network. The Exchange proposes to increase this fee to $10,000/month and charge an additional fee of $.0004/share for executions that are processed by the network. These changes are designed to help cover the costs of providing the network. The Exchange, however, proposes to reduce the base fee from $10,000 per month to as low as $5,000 per month, by applying a credit of $.0004 for each provide share executed in the Exchange's Matching System. 11 This credit would create an incentive for users of the CHX Connect network to send orders to the Exchange's Matching System. 10 The Exchange's CHX Connect system is a communications service that allows its participants to route orders to any destination connected to the CHX's network, including
(1)the CHX Matching System;
(2)CHX institutional brokers;
(3)market makers or other broker-dealers connected to the CHX's network, which provide order handling and execution services in the over-the-counter market; and
(4)other destinations (including order-routing vendors) that are connected to the CHX's network. *See* Securities Exchange Act Release No. 54846 (November 30, 2006), 71 FR 71003 (December 7, 2006) (SR-CHX-2006-34). Fees are charged under the Fee Schedule to participants that receive orders through this service. 11 No credits will be carried over from month to month. The last proposed change to the Fee Schedule would add new fees in connection with the processing of certain away-market trades that are sent to clearing through the Exchange's facilities. Under the Exchange's existing Fee Schedule, the Exchange charges a $.0015/share fee for the clearing-related processing of away-market trades in securities that are not listed or traded pursuant to unlisted trading privileges on the Exchange. The Exchange proposes to increase this fee to $.0035/share for clearing reports in Tape A and B securities and to $.0025/share for clearing reports in Tape C securities up to a maximum of $100 per side. 12 The Exchange also proposes to apply the fees to trades in all securities, instead of limiting the fee to securities that are not listed or traded on the Exchange, to better allocate the Exchange's costs across all of these clearing-only reports. 13 These fee changes are designed to help offset the Exchange's costs of processing these transactions for clearing. 12 These fees would be assessed only on away-market trades that are reported to the tape, but not to clearing, in another market. The fees would be charged for each report that is submitted to clearing through the Exchange's systems. 13 With the introduction of the Exchange's electronic book and its move to its new trading model, the Exchange has begun trading more securities pursuant to unlisted trading privileges, leaving fewer issues that are neither listed nor traded on the Exchange. The Exchange believes it is no longer appropriate to assess these processing fees only on a subset of the reports that are sent to clearing. All of the proposed fee changes, except the change to the CHX Connect fees, would take effect November 1, 2007. The proposed changes to the CHX Connect fees would take effect December 1, 2007. 2. Statutory Basis The proposed rule change is consistent with Section 6(b)(4) of the Act 14 in that it provides for the equitable allocation of reasonable dues, fees and other charges among its members. 14 15 U.S.C. 78(f)(b)(4). B. Self Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule changes will impose any burden on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change is filed pursuant to Section 19(b)(3)(A)(ii) of the Act 15 and subparagraph (f)(2) of Rule 19b-4 thereunder 16 because it establishes or changes a due, fee, or other charge applicable only to a member imposed by a self-regulatory organization. Accordingly, the proposal is effective upon Commission receipt of the filing. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 17 15 15 U.S.C. 78s(b)(3)(A)(ii). 16 17 CFR 240.19b-4(f)(2). 17 For purposes of calculating the 60-day period within which the Commission may summarily abrogate the proposed rule change under Section 19(b)(3)(C) of the Act, the Commission considers the period to commence on November 19, 2007, the date on which CHX filed Amendment No. 1. *See* 15 U.S.C. 78s(b)(3)(C). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form *(http://www.sec.gov/rules/sro.shtml);* or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-CHX-2007-26 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CHX-2007-26. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site *(http://www.sec.gov/rules/sro.shtml).* Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of CHX. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CHX-2007-26 and should be submitted on or before December 20, 2007. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 18 18 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-23170 Filed 11-28-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56836; File No. SR-Phlx-2007-55] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Elimination of the Short Sale Price Test November 21, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 2 thereunder, notice is hereby given that on July 31, 2007, the Philadelphia Stock Exchange, Inc. (“Phlx” or “Exchange”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Phlx. Phlx has designated the proposed rule change as constituting a “non-controversial” rule change under paragraph (f)(6) of Rule 19b-4 under the Act. 3 The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Phlx, pursuant to Section 19(b)(1) of the Act 4 and Rule 19b-4 thereunder, 5 proposes to amend Phlx Rules 185, 455, 785 and 1072 to reflect the elimination of the short sale price test, including any tick or bid test of any self-regulatory organization (“Price Test”) and the elimination of the “short exempt” marking requirement. 6 4 15 U.S.C. 78s(b)(1). 5 17 CFR 240.19b-4. 6 *See* Securities Exchange Act Release No. 55970 (June 28, 2007). The text of the proposed rule change is available at the Exchange, on the Exchange's Web site at *http://www.Phlx.com* , and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Phlx included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Phlx has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to conform Phlx Rules to Rules 200(g) and 201(b) of Regulation SHO. 7 On June 28, 2007, the SEC approved final rules deleting the price test of Rule 10a-1 8 and amending Regulation SHO to prohibit any SRO from having a price test in place. In addition, Rule 200(g) of Regulation SHO was modified to remove the requirement upon broker-dealers to mark sell orders as “short exempt.” 7 17 CFR 242.200(g) and 17 CFR 242.201(b). 8 17 CFR 240.10a-1. Phlx Rules 185, 455, 785 and 1072 contain language regarding the Price Test and the “short exempt” marking requirement. Phlx Rule 185 contains language regarding the entry, display and execution of sell short orders on XLE, Phlx's electronic equity trading system, that are subject to the Price Test. With the elimination of the Price Test, sell short orders will not be handled any differently by XLE and the amendments to this rule will so reflect. Phlx Rule 455 stated that XLE will not execute a sell order unless effected in compliance with Rule 10a-1. Rule 10a-1 contained the Price Test and is being eliminated. The amendments to Phlx Rule 455 will reflect this. Phlx Rule 785 requires member organizations to make an automated submission of trading data, including marking orders as short exempt, where appropriate. Phlx Rule 785 will be amended to reflect the elimination of the “short exempt” marking requirement. Phlx Rule 1072 outlines the requirements on options specialists and Registered Options Traders (“ROTs”) regarding their use of an exception to the NASD (n/k/a Financial Industry Regulatory Authority, Inc.) bid test (which was a type of Price Test) available to hedging options transactions. The elimination of the Price Test extended to the NASD bid test and therefore options specialist and ROTs will not need the exemption outlined in Phlx Rule 1072. Phlx Rule 1072 will be deleted. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act 9 in general, and furthers the objectives of Section 6(b)(5) of the Act 10 in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest. 9 15 U.S.C. 78f(b). 10 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not:
(i)Significantly affect the protection of investors or the public interest;
(ii)Impose any significant burden on competition; and
(iii)Become operative within 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective upon filing pursuant to Section 19(b)(3)(A) of the Act 11 and Rule 19b-4(f)(6) thereunder. 12 Phlx has requested that the Commission waive the 5-day pre-filing notice requirement and the 30-day operative delay of the proposal. The Commission believes that such waivers are consistent with the protection of investors and the public interest because the proposed rule change conforms Phlx's rules to currently effective Commission Rules and should eliminate potential confusion relating to orders on XLE. 13 For this reason, the Commission designates the proposal to be operative upon filing with the Commission. 11 15 U.S.C. 78s(b)(3)(A). 12 17 CFR 240.19b-4(f)(6). 13 For purposes only of waiving the 30-day pre-operative period, the Commission has considered the impact of the proposed rule change on efficiency, competition and capital formation. 15 U.S.C. 78c(f). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-Phlx-2007-55 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Phlx-2007-55. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549 on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Phlx. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Phlx-2007-55 and should be submitted on or before December 20, 2007. 14 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 14 Nancy M. Morris, Secretary. [FR Doc. E7-23171 Filed 11-28-07; 8:45 am] BILLING CODE 8011-01-P DEPARTMENT OF STATE [Public Notice 5969] Shipping Coordinating Committee; Notice of Meeting The Subcommittee on Fire Protection of the Shipping Coordinating Committee
(SHC)will conduct an open meeting at 10 a.m. on Tuesday, December 11, 2007 in the Radio Technical Commission for Maritime Services
(RTCM)Headquarters Building, 1800 N. Kent Street, Suite 1060, Arlington, VA 22209. The primary purpose of the meeting is to prepare for the 52nd Session of the International Maritime Organization
(IMO)Subcommittee on Fire Protection to be held at Central Hall Westminster in London, UK from January 14-18, 2008. Discussion will focus on papers received and draft U.S. positions regarding: —Performance testing and approval standards for fire safety systems; —Comprehensive review of the Fire Test Procedures Code; —Review of fire safety of external areas on passenger ships; —Measures to prevent fires in engine-rooms and cargo pump-rooms; —Fire resistance of ventilation ducts; —Review of the Code of Safety for Special Purpose Ships (SPS Code); —Application of requirements for requirements for dangerous goods in the International Convention for the Safety of Life at Sea (SOLAS) and the High-Speed Craft Code 2000 (2000 HSC Code); —Unified interpretation on the number/ arrangement of portable extinguishers; —Development of provisions for gas fueled ships; —Consideration of International Association of Classification Societies
(IACS)unified interpretations; —Fixed hydrocarbon gas detection systems on double-hull tankers; —Clarification of SOLAS chapter II-2 requirements regarding interrelationship between control station and safety center; and —Analysis of fire casualty records. Members of the public are invited to attend this meeting up to the seating capacity of the room. Interested persons may seek further information by writing: Chief, Lifesaving and Fire Safety Division, Commandant (CG-5214), U.S. Coast Guard Headquarters, Room 1308, 2100 Second Street, SW., Washington, DC 20593-0001, by calling: Mr. R. Eberly at
(202)372-1393, or by e-mail at *Randall.Eberly@uscg.mil.* Dated: November 20, 2007. Mark W. Skolnicki, Executive Secretary, Shipping Coordinating Committee, Department of State. [FR Doc. E7-23166 Filed 11-28-07; 8:45 am] BILLING CODE 4710-09-P DEPARTMENT OF STATE [Public Notice 5970] Shipping Coordinating Committee; Notice of Meeting The Subcommittee on Radio Communications and Search and Rescue of the Shipping Coordinating Committee
(SHC)will conduct open meetings at 9:30 a.m. Thursday, December 13, 2007, Wednesday, January 9, February 20, March 12, and April 2, 2008. The meetings will be held in suite 1060 of the Radio Technical Commission for Maritime Services (RTCM), 1800 North Kent Street, Arlington, VA 22209. These meetings are to prepare for the 12th Session of the International Maritime Organization
(IMO)Subcommittee on Radiocommunications and Search and Rescue (COMSAR) scheduled for April 6-10, 2008 in London, England. The primary matters to be considered include: —Global Maritime Distress and Safety System (GMDSS); —International Telecommunication Union
(ITU)Radiocommunication matters; —Satellite services (Inmarsat and COSPAS-SARSAT); —Matters concerning search and rescue; —Developments in maritime radiocommunication systems and technology; —Revision of the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual; —Replacements for use of NBDP (radio telex) for maritime distress and safety communications in maritime MF/HF bands; —Guidelines for uniform operating limitations of high-speed craft; and —Development of an e-navigation strategy. Members of the public may attend these meetings up to the seating capacity of the rooms. Interested persons may seek information, including meeting room numbers, by writing: Mr. Russell S. Levin, U.S. Coast Guard Headquarters, Commandant (CG-622), Jemal Building Room JR10-1216, 1900 Half Street, SW., Washington, DC 20593 or by sending e-mail to *Russell.S.Levin@USCG.mil.* Dated: November 21, 2007. Mark W. Skolnicki, Executive Secretary, Shipping Coordinating Committee, Department of State. [FR Doc. E7-23167 Filed 11-28-07; 8:45 am] BILLING CODE 4710-09-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Noise Compatibility Program Notice Baton Rouge Metropolitan Airport, Ryan Field, Baton Rouge, LA AGENCY: Federal Aviation Administration, DOT. ACTION: Notice. SUMMARY: The Federal Aviation Administration
(FAA)announces its findings on the noise compatibility program submitted by the Greater Baton Rouge Airport District under the provisions of 49 U.S.C. (the Aviation Safety and Noise Abatement Act, hereinafter referred to as “the Act”) and 14 CFR part 150. These findings are made in recognition of the description of Federal and nonfederal responsibilities in Senate Report No. 96-52 (1980). On July 30, 2007, the FAA determined that the noise exposure maps submitted by the Greater Baton Rouge Airport District under part 150 were in compliance with applicable requirements. On November 13, 2007, the FAA approved the Baton Rouge Metropolitan Airport, Ryan Field noise compatibility program. Most of the recommendations of the program were approved. No program elements relating to new or revised flight procedures for noise abatement were proposed by the airport operator. DATES: *Effective Date:* The effective date of the FAA’s approval of the Baton Rouge Metropolitan Airport, Ryan Field noise compatibility program is November 13, 2007. FOR FURTHER INFORMATION CONTACT: Lance E. Key (ASW 615), 2601 Meacham Boulevard, Fort Worth, Texas 76137-4298. Documents reflecting this FAA action may be reviewed at this same location. SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given its overall approval to the noise compatibility program for Baton Rouge Metropolitan Airport, Ryan Field, effective November 13, 2007. Under section 47504 of the Act, an airport operator who has previously submitted a noise exposure map may submit to the FAA a noise compatibility program which sets forth the measures taken or proposed by the airport operator for the reduction of existing non-compatible land uses and prevention of additional non-compatible land uses within the area covered by the noise exposure maps. The Act requires such programs to be developed in consultation with interested and affected parties including local communities, government agencies, airport users, and FAA personnel. Each airport noise compatibility program developed in accordance with Federal Aviation Regulations
(FAR)part 150 is a local program, not a Federal program. The FAA does not substitute its judgment for that of the airport proprietor with respect to which measures should be recommended for action. The FAA's approval or disapproval of FAR part 150 program recommendations is measured according to the standards expressed in part 150 and the Act and is limited to the following determinations: a. The noise compatibility program was developed in accordance with the provisions and procedures of FAR part 150; b. Program measures are reasonably consistent with achieving the goals of reducing existing non-compatible land uses around the airport and preventing the introduction of additional non-compatible land uses; c. Program measures would not create an undue burden on interstate or foreign commerce, unjustly discriminate against types or classes of aeronautical uses, violate the terms of airport grant agreements, or intrude into areas preempted by the Federal Government; and d. Program measures relating to the use of flight procedures can be implemented within the period covered by the program without derogating safety, adversely affecting the efficient use and management of the navigable airspace and air traffic control systems, or adversely affecting other powers and responsibilities of the Administrator prescribed by law. Specific limitations with respect to FAA's approval of an airport noise compatibility program are delineated in FAR part 150, section 150.5. Approval is not a determination concerning the acceptability of land uses under Federal, state, or local law. Approval does not by itself constitute an FAA implementing action. A request for Federal action or approval to implement specific noise compatibility measures may be required, and an FAA decision on the request may require an environmental assessment of the proposed action. Approval does not constitute a commitment by the FAA to financially assist in the implementation of the program nor a determination that all measures covered by the program are eligible for grant-in-aid funding from the FAA. Where federal funding is sought, requests for project grants must be submitted to the FAA Regional Office in Fort Worth, Texas. The Greater Baton Rouge Airport District submitted to the FAA on May 14, 2007 the noise exposure maps, descriptions, and other documentation produced during the noise compatibility planning study conducted from May 2005 through May 2007. The Baton Route Metropolitan Airport, Ryan Field noise exposure maps were determined by FAA to be in compliance with applicable requirements on July 30, 2007. Notice of this determination was published in the **Federal Register** on August 7, 2007. The Baton Rouge Metropolitan Airport, Ryan Field Part 150 study contains a proposed noise compatibility program comprised of actions designed for phased implementation by airport management and adjacent jurisdictions from November 2007 to the year 2011. It was requested that the FAA evaluate and approve this material as a noise compatibility program as described in section 47504 of the Act. The FAA began its review of the program on August 7, 2007, and was required by a provision of the Act to approve or disapprove the program within 180 days (other than the use of new or modified flight procedures for noise control). Failure to approve or disapprove such program within the 180-day period shall be deemed to be an approval of such program. The submitted program contained ten proposed actions for noise mitigation located on and/or off the airport. The FAA completed its review and determined that the procedural and substantive requirements of the Act and FAR Part 150 have been satisfied. The overall program, therefore, was approved by the FAA effective November 13, 2007. Outright approval was granted for nine of the specific program elements. Only one program element, Land Use Element 3a, was “Disapproved Pending Submittal of Additional Information to the FAA”. Under this program element, the Airport District asked the FAA to approve the voluntary land acquisition of one hundred eight
(108)acres of undeveloped land that was zoned to allow incompatible development within the 2011 65 DNL around Baton Rouge Metropolitan Airport, Ryan Field. The acreage in question amounted to 13 separate parcels in various locations northwest, northeast, east and southeast of the airport. In disapproving this program element, the FAA found the land in question to be zoned commercial or industrial (a compatible use under Part 150 guidelines), however the involved local zoning districts all permit a variety of noise-sensitive land uses; to include libraries, nursing homes, assisted living residences and hospitals (noncompatible use) within the areas described. In addition, it was determined that undeveloped, residential-zoned land (noncompatible use) northwest, northeast, and east of the Airport is inside the 65 DNL. The FAA therefore determined that supporting documentation would need to be provided showing that
(1)the Airport is in compliance with its Grant Assurance 31,
(2)appropriate existing and proposed new local land use controls are inadequate to prevent noncompatible development, and
(3)noncompatible development of the parcel(s) is highly likely. The nine program elements approved by the FAA included: Five Land Use Elements that addressed City/Parish compatible use planning around the airport; the development of an airport noise information program; the acquisition of seven
(7)homes at various locations around the airport (within the 65 DNL); the offer to sound insulate ninety-two
(92)homes located with the 65 DNL contour; and the offer to purchase noise servitudes from those owners who do not wish to participate in the sound insulation program or who's house cannot accommodate the sound insulation process. Four Program Management Elements were approved that established a system for logging and tracking noise complaints; developing and maintaining a log for recording engine maintenance run-ups on the airport; periodically reviewing the Part 150 Study to determine if changing airport conditions warrant further review; and preparing a plan to deal with the disposal or development of noise lands acquired by the airport under previous noise mitigation actions. These determinations are set forth in detail in a Record of Approval signed by the Airports Division Manager on November 13, 2007. The Record of Approval, as well as other evaluation materials and the documents comprising the submittal, are available for review at the FAA office listed above and at the administrative offices of the Baton Rouge Metropolitan Airport, Ryan Field. The Record of Approval also will be available on-line at *http://www.faa.gov/apr/environmental/14cfr150/index14.cfm.* Issued in Fort Worth, Texas, November 21, 2007. Kelvin L. Solco, Manager, Airports Division. [FR Doc. 07-5873 Filed 11-28-07; 8:45 am]
Connectionstraces to 17
Traces to 17 documents
13 references not yet in our index
  • 42 CFR 419
  • 42 CFR 413.20
  • 43 CFR 2741.4(b)
  • 100 Stat. 1670
  • 45 CFR 614
  • 10 CFR 51
  • 10 CFR 30
  • 10 CFR 20
  • 10 CFR 35
  • 17 CFR 240.19
  • 17 CFR 240.10
  • 15 USC 78(f)(b)(4)
  • 14 CFR 150
Citation graph
cites case law
Proposed Rules
Notice
U.S.C.§ 869
U.S.C.§ 315f
U.S.C.§ 945
Fed. Reg.Notices
U.S.C.§ 9620
U.S.C.§ 1862n–5
U.S.C.§ 552b
C.F.R.§ 20.1402
C.F.R.§ 30.36
Cite42 CFR 419
Cite42 CFR 413.20
Cite43 CFR 2741.4(b)
Cites 30 · showing 12Cited by 0 across 0 sources
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