Unknown. Final rule

7,025 words·~32 min read·/register/2007/12/13/07-6019

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

--- schema: federal-register doc_type: fedreg source_file: FR-2007-12-13.xml --- 72 239 Thursday, December 13, 2007 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Grapes grown in Southeastern California and imported table grapes, 70811 07-6049 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products:

Veterinary services, user fees, 70765-70767 E7-24177 Plant-related quarantine, domestic: Gypsy moth, 70763-70765 E7-24176 NOTICES Agency information collection activities; proposals, submissions, and approvals, 70816-70817 E7-24171 Environmental statements; availability, etc.: Nonregulated status determinations— Monsanto Co.; corn genetically engineered for insect resistance, 70817-70819 E7-24174 Meetings: Veterinary biological products; manufacture, distribution, and usage; regulatory and policy issues, 70819 E7-24170 Army Army Department See Engineers Corps NOTICES Meetings:

Army Science Board, 70825 E7-24151 Reports and guidance documents; availability, etc.: Parks Reserve Forces training Area, Dublin, CA; federal land transfer; conservation measures, 70825 E7-24193 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-24137 70865-70867 E7-24138 E7-24140 Privacy Act; systems of records, 70867-70872 E7-24142 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc Buzzards Bay, MA Correction, 70780 E7-24128 NOTICES Meetings:

National Offshore Safety Advisory Committee, 70877 E7-24127 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency PROPOSED RULES Fair and Accurate Credit Transactions Act; implementation: Fair credit reporting— Information furnished to consumer reporting agencies; accuracy and integrity; enhancement procedures, 70944-70986 E7-23549 Defense Defense Department See Army Department See Engineers Corps Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Safe and drug-free schools programs— Elementary and Secondary School Counseling Programs, 70827-70830 E7-24183 Employee Employee Benefits Security Administration PROPOSED RULES Employee Retirement Income Security Act: Reasonable contract or arrangement; fee disclosure, 70988-71005 E7-24064 NOTICES Employment benefit plans; class exemptions: Plan fiduciaries; failure of plan service arrangements to comply with Employee Retirement Income Security Act, 70893-70896 E7-24063 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; notice of intent:

Lake Worth Inlet (Palm Beach Harbor), FL; expansion, 70825-70826 E7-24150 Reports and guidance documents; availability, etc.: Irrigation ditches, construction or maintenance and drainage ditches, maintenance; regulatory exemptions, 70826-70827 E7-24191 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Illinois, 70804-70807 E7-23982 PROPOSED RULES Air programs; approval and promulgation; State plans for designated facilities and pollutants:

Nevada, 70812-70815 E7-24167 Air quality implementation plans; approval and promulgation; various States: Illinois, 70811-70812 E7-23984 NOTICES Agency information collection activities; proposals, submissions, and approvals, 70833-70841 E7-24156 E7-24158 E7-24159 E7-24160 E7-24161 E7-24163 Hazardous waste: Land disposal restrictions; exemptions— Solutia, Inc., 70841-70842 E7-24173 Patent licenses; non-exclusive, exclusive, or partially exclusive: Purestream ES, L.L.C., 70842 07-6043 Toxic and hazardous substances control:

Endocrine Disruptor Screening Program; policies and procedures; comment request, 70842-70862 E7-24166 FAA Federal Aviation Administration RULES Class D and E airspace, 70767-70768 07-6019 Class E airspace, 70768-70771 07-6017 07-6018 Standard instrument approach procedures, 70771-70774 E7-23826 E7-23840 NOTICES Meetings: RTCA, Inc., 70926-70927 07-6037 FCC Federal Communications Commission RULES Common carrier services: Customer propriety network information, 70808 E7-24105 Satellite communications— Non-geostationary satellite orbit mobile satellite service systems in 1.6/2.4 GHz bands; spectrum sharing plan, 70807-70808 E7-24104 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Fair and Accurate Credit Transactions Act; implementation:

Fair credit reporting— Information furnished to consumer reporting agencies; accuracy and integrity; enhancement procedures, 70944-70986 E7-23549 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints filed: Connecticut Municipal Electric Energy Cooperative et al., 70832 E7-24090 Meetings: Midwest Independent Transmission System Operator, Inc., et al.; technical conference, 70833 E7-24092 *Applications, hearings, determinations, etc.:* Bay Gas Storage Co., Ltd., 70830 E7-24099 El Paso Electric Co., 70830-70831 E7-24100 Houston Pipe Line Company LP, 70831 E7-24101 Lochner, Jr., Philip R., 70831 E7-24102 Texas Gas Transmission, LLC, 70831-70832 E7-24091 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.:

Finger Lakes Railway Corp., 70927 E7-24189 Oregon Pacific Railroad, 70927-70928 E7-24190 Safety advisories, bulletins, and directives: Locomotive reservoir tanks; potential catastrophic failure, 70928-70929 E7-24196 Federal Reserve Federal Reserve System PROPOSED RULES Fair and Accurate Credit Transactions Act; implementation: Fair credit reporting— Information furnished to consumer reporting agencies; accuracy and integrity; enhancement procedures, 70944-70986 E7-23549 NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, E7-23930 70862-70863 E7-24141 Permissible nonbanking activities, 70863 E7-24139 FTC Federal Trade Commission PROPOSED RULES Fair and Accurate Credit Transactions Act; implementation: Fair credit reporting— Information furnished to consumer reporting agencies; accuracy and integrity; enhancement procedures, 70944-70986 E7-23549 Federal Transit Federal Transit Administration NOTICES Grants and cooperative agreements; availability, etc.: Alternative Transportation in Parks and Public Lands Program, 70929-70931 E7-24129 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Findings on petitions, etc.— Jollyville Plateau salamander, 71040-71054 E7-23757 NOTICES Endangered and threatened species: Incidental take permits— Kings and Kern County, CA; San Joaquin kit fox, etc., 70887-70888 E7-24135 Endangered and threatened species permit applications, determinations, etc., 70885-70887 E7-24148 Environmental statements; notice of intent: Kaua’i Island Utility Cooperative, HI; habitat conservation plan, 70888-70890 E7-24149 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

Oxytetracycline, 70774-70776 E7-24146 Ractopamine, 70776-70777 E7-24145 NOTICES Agency information collection activities; proposals, submissions, and approvals, 70872-70873 E7-24123 Meetings: Design Controls; Quality System Regulation Education Forum, 70873-70874 E7-24144 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Illinois Sony Electronics Inc.; audio, video, communications, and information-technology products and accessories warehousing and distribution facility, 70819-70820 E7-24185 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health NOTICES Meetings:

National Toxicology Program— Scientific Counselors Board, 70863-70864 E7-24131 Special Exposure Cohort; employee class designations: Nuclear Materials & Equipment Corp., 70864-70865 E7-24110 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration Housing Housing and Urban Development Department RULES Community facilities: Empowerment zones; grant funds utilization; performance standards, 71008-71018 E7-24112 NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 70878-70879 E7-24106 Agency information collection activities; proposals, submissions, and approvals, E7-24126 70879-70880 E7-24132 E7-24133 Grant and cooperative agreement awards:

Emergency Capital Repair Program, 70880-70883 E7-24130 Mortgagee Review Board; administrative actions, 70883-70885 E7-24113 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Procedure and administration: Corporate income tax returns and organizations filing returns under section 6033; magnetic media requirement Correction, 70779-70780 E7-24117 NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-24107 70940-70941 E7-24108 E7-24109 International International Trade Administration NOTICES Antidumping:

Fresh tomatoes from— Mexico, 70820-70821 E7-24187 Purified carboxymethylcellulose from— Netherlands, 70821-70823 E7-24186 North American Free Trade Agreement (NAFTA); binational panel reviews: Softwood lumber from— Canada, 70823 E7-24162 International International Trade Commission NOTICES Import investigations: Coated free sheet paper— Various countries, 70892-70893 E7-24103 Labor Labor Department See Employee Benefits Security Administration See Veterans Employment and Training Service PROPOSED RULES Apprenticeship programs registration; labor standards, 71020-71038 E7-24178 Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Eastern Washington, 70891 E7-24136 Northwest Colorado, 70890 07-6041 Southwest Colorado, 70890 E7-24051 Realty actions; sales, leases, etc.: Nevada, 70891-70892 E7-24147 NASA National Aeronautics and Space Administration NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Endotronix, 70896-70897 E7-24116 Keystone Synergistic Enterprises, Inc., 70897 E7-24115 Kratos Defense & Security Solutions, 70897-70898 E7-24111 National Credit National Credit Union Administration PROPOSED RULES Fair and Accurate Credit Transactions Act; implementation:

Fair credit reporting— Information furnished to consumer reporting agencies; accuracy and integrity; enhancement procedures, 70944-70986 E7-23549 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 70874 07-6034 National Institute of Allergy and Infectious Diseases, 70875 07-6036 National Institute of Biomedical Imaging and Bioengineering, 70874 07-6031 National Institute of Environmental Health Sciences, 70875 07-6035 National Institute on Aging, 70874-70875 07-6032 Scientific Review Center, 70875-70877 07-6033 NOAA National Oceanic and Atmospheric Administration NOTICES Exempted fishing permit applications, determinations, etc., 70823-70824 E7-24074 National Park National Park Service RULES Special regulations:

Yellowstone and Grand Teton National Parks and John D. Rockefeller, Jr. Memorial Parkway, WY; winter visitation and recreational use, 70781-70804 E7-24175 NOTICES Environmental statements; record of decision: Yellowstone and Grand Teton National Parks and John D. Rockefeller, Jr., Memorial Parkway, WY; winter use plan, 70892 E7-24165 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 70898 E7-24220 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 70898 E7-24168 Environmental statements; availability, etc.:

BWX Technologies, Inc., 70899-70900 E7-24200 National Institute of Standards and Technology, National Bureau of Standards Reactor, 70900-70901 E7-24172 Operating licenses, amendments; no significant hazards considerations; biweekly notices; correction, 70901 E7-24179 Plants and materials; physical protection: Radioactive materials of concern security; safeguards information protection, and fingerprinting and criminal history record check requirements, 70901-70905 E7-24197 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Pipeline safety:

Gas distribution operators; public awareness regulations applicability, 70808-70810 E7-24124 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 70905-70906 E7-24153 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 70906-70907 E7-24080 E7-24081 Meetings; Sunshine Act, 70907 E7-24213 Options Price Reporting Authority: Consolidated Options Last Sale Reports and Quotation Information;

Reporting Plan; amendments, 70907-70909 E7-24121 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 70909-70910 E7-24118 Chicago Board Options Exchange, Inc., 70910-70914 E7-24119 E7-24120 E7-24122 International Securities Exchange, LLC, 70914-70915 E7-24088 New York Stock Exchange, LLC, 70915-70918 E7-24083 NYSE Arca, Inc., 70918-70921 E7-24134 State State Department RULES International Traffic in Arms Regulations: Violations and penalties; voluntary disclosure, 70777-70779 E7-24069 NOTICES Grants and cooperative agreements; availability, etc.:

Youth Global Connections and Exchange Program, 70921-70926 E7-24188 Surface Surface Transportation Board NOTICES Rail carriers: Control exemptions— Columbus & Greenville Railway Co., 70932 E7-24037 Railroad operation, acquisition, construction, etc.: Kutztown Transportation Authority, 70932 E7-24155 Massachusetts Coastal Railroad, LLC, 70932-70933 E7-23926 Thrift Thrift Supervision Office PROPOSED RULES Fair and Accurate Credit Transactions Act; implementation: Fair credit reporting— Information furnished to consumer reporting agencies; accuracy and integrity; enhancement procedures, 70944-70986 E7-23549 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Transportation Transportation Security Administration NOTICES Maritime and land transportation security:

Transportation Worker Identification Credential; enrollment— Los Angeles/Long Beach, CA, 70877-70878 E7-24184 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office See United States Mint NOTICES Agency information collection activities; proposals, submissions, and approvals, 70933-70940 E7-24143 E7-24152 U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 70941-70942 E7-24169 Veterans Veterans Employment and Training Service NOTICES Meetings:

Veterans’ Employment, Training, and Employer Outreach Advisory Committee, 70896 E7-24157 Separate Parts In This Issue Part II Federal Deposit Insurance Corporation; Federal Reserve System; Federal Trade Commission; National Credit Union Administration; Treasury Department, Comptroller of the Currency; Treasury Department, Thrift Supervision Office, 70944-70986 E7-23549 Part III Labor Department, Employee Benefits Security Administration, 70988-71005 E7-24064 Part IV Housing and Urban Development Department, 71008-71018 E7-24112 Part V Labor Department, 71020-71038 E7-24178 Part VI Interior Department, Fish and Wildlife Service, 71040-71054 E7-23757 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 239 Thursday, December 13, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2006-0075] RIN 0579-AC46 Gypsy Moth Regulations; Updates and Clarifications AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the gypsy moth regulations by making editorial and nonsubstantive changes to several terms and providing necessary updates throughout the regulations. These actions will improve the clarity and consistency of the regulations while continuing to provide protection against the artificial spread of gypsy moth into noninfested areas of the United States. EFFECTIVE DATE: January 14, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Weyman Fussell, Program Manager, Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;

(301)734-5705. SUPPLEMENTARY INFORMATION: Background The regulations in “Subpart—Gypsy Moth” (7 CFR 301.45 through 301.45-12, referred to below as the regulations) restrict the interstate movement of regulated articles from generally infested areas of States quarantined for gypsy moth in order to prevent the artificial spread of gypsy moth into noninfested areas of the United States. On July 17, 2007, we published in the **Federal Register** (72 FR 39018-39021, Docket No. APHIS-2006-0075) a proposal 1 to amend the regulations by making editorial and nonsubstantive changes to several terms and providing necessary updates throughout the regulations. 1 To view the proposed rule, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0075.* We solicited comments concerning our proposal for 60 days ending September 17, 2007. We did not receive any comments. Therefore, for the reasons given in the proposed rule, we are adopting the proposed rule as a final rule, without change. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. We are amending the gypsy moth regulations by making editorial and nonsubstantive changes to several terms and providing necessary updates throughout the regulations. These actions improve the clarity and consistency of the regulations, while continuing to provide protection against the artificial spread of gypsy moth into noninfested areas of the United States. The gypsy moth is a pest of concern for the U.S. forest industry. Defoliation of trees by gypsy moths often results in the death of the trees, which leads to economic loss, changes in ecosystems and wildlife habitat, and disturbed water flow and water quality. Economic costs to the U.S. forest industry, in addition to the costs of timber losses and pest control, can also arise from trade reductions as importing countries impose protective restrictions on access to their markets for wood products. Gypsy moths are already causing losses in quarantined areas in the United States. Annual losses attributable to gypsy moths are estimated to be about $22 million. 2 Any spread of gypsy moth to noninfested areas could have a negative economic and environmental impact. 2 David Pimentel, Lori Latch, Rodolfo Zuniga, and Doug Morrison, “Environmental and Economic Costs Associated with Non-indigenous Species in the United States,” College of Agriculture and Life Sciences, Cornell University, Ithaca, NY 14850-0901, June 12, 1999. The Small Business Administration

(SBA)has established size standards based on the North American Industry Classification System (NAICS) to determine and to classify which economic entities can be considered small entities. Entities potentially affected by our gypsy moth regulations include sawmills, pulp mills, nursery and tree production farms, and nursery and garden centers that are involved in the interstate movement of Christmas trees, nursery products, household products, and bark and bark products from gypsy moth generally infested areas. Any effects on these entities resulting from these updates to the regulations would be positive. The SBA classifies nursery and tree production (floriculture, nursery, Christmas trees, etc.) farms (NAICS code 111421) as small if their annual receipts are not more than $750,000. 3 Sawmills (NAICS code 321113) are regarded as small if they employ 500 or fewer employees, and pulp mills (NAICS code 322110) are small if they employ 750 or fewer employees. Nursery and garden centers (NAICS code 444220) are considered small if their annual sales are less than $6.5 million. In 2002, the most recent year for which data are available, there were 17,300 nursery and tree production farms, 1,215 sawmills, 7 pulp mills, and 4,093 nursery and garden centers in generally infested areas of the United States. 4 Approximately 93 percent of all these entities are considered to be small under the SBA's standards. Although the majority of these establishments are small entities, any economic effect resulting from the changes in this rule would be negligible. The changes in this final rule will not impose additional restrictions or requirements; rather, they will help ensure that the existing regulations are as up to date, clear, consistent, and as flexible as possible. 3 SBA, Small Business Size Standards matched to North American Industry Classification System 2002, Effective January 2006 ( *http://www.sba.gov/size/sizetable2002.html* ). 4 U.S. Census Bureau, 2002 Economic Census Geographic Area Series: Manufacturing and Wholesale Trade, Revised January 2006 ( *http://www.census.gov/prod/ec02/ec0231sq1t.pdf* ). Information on the number of sawmills, pulp mills, and nursery and garden centers is available at the State level only. County information is withheld to avoid disclosing data for individual establishments. This may result in an overestimate of the number of affected entities because not all counties within quarantined States are in generally infested areas. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This final rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). 2. Section 301.45-1 is amended as follows: a. By adding a definition of *OHA document* , and by revising the definitions of *certificate* , *compliance agreement* , and *limited permit* to read as set forth below. b. In the definition of *inspector* , by adding a new second sentence to read as set forth below. c. In the definition of *qualified certified applicator* , by removing the citation “86 Stat. 983; 7 U.S.C. 136b” and adding the citation “7 U.S.C. 136i” in its place, by adding the word “use” before the word “pesticides”, and by revising footnote 1 to read as set forth below. d. In the definition of *treatment manual* , by revising footnote 2 to read as set forth below. § 301.45-1 Definitions. *Certificate.* A Plant Protection and Quarantine-approved form, stamp, or document issued and signed by an inspector, or by a qualified certified applicator or by any other person operating in accordance with a compliance agreement, affirming that a specified regulated article is eligible for interstate movement in accordance with this subpart. *Compliance agreement.* A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles, in which the person agrees to comply with the provisions of this subpart. *Inspector.* * * * A person operating under a compliance agreement is not an inspector. *Limited permit.* A document in which an inspector or a person operating under a compliance agreement affirms that the regulated article identified on the document is eligible for interstate movement in accordance with § 301.45-5 only to the specified destination and only in accordance with the specified conditions. *OHA document.* The self-inspection checklist portion of USDA-APHIS Program Aid Number 1329, “Don't Move Gypsy Moth,” completed and signed by the owner of an outdoor household article

(OHA)affirming that the owner has inspected the OHA for life stages of gypsy moth in accordance with the procedures in the program aid. *Qualified certified applicator.* * * * 1 ——————— 1 Names of qualified certified applicators may be obtained from State departments of agriculture. *Treatment manual.* * * * 2 ——————— 2 The Gypsy Moth Program Manual may be viewed on the Internet at *http://www.aphis.usda.gov/ppq/manuals/online_manuals.html.* 3. In § 301.45-2, paragraph (a)(1) is revised to read as follows: § 301.45-2 Authorization to designate and terminate designation of generally infested areas.

(a)* * *

(1)The area is subject to a gypsy moth eradication program conducted by the Federal government or a State government in accordance with the Eradication, Suppression, and Slow the Spread alternative of the Final Environmental Impact Statement

(FEIS)on Gypsy Moth Suppression and Eradication Projects that was filed with the United States Environmental Protection Agency on January 16, 1996; and, 4. In § 301.45-4, paragraph

(b)is amended by revising the last sentence to read as follows: § 301.45-4 Conditions governing the interstate movement of regulated articles and outdoor household articles from generally infested areas.

(b)* * * The articles must be safeguarded by a covering adequate to prevent access by any gypsy moth life stages. 5. In § 301.45-7, a new sentence is added after the last sentence to read as follows: § 301.45-7 Assembly and inspection of regulated articles and outdoor household articles. * * * An owner who wants to move outdoor household articles interstate may self-inspect the articles and issue an OHA document in accordance with § 301.45-5(e). § 301.45-8 [Amended] 6. In § 301.45-8, paragraph

(c)is amended by removing the words “officer in charge” and adding the words “State Plant Health Director” in their place. 7. Section 301.45-12 is amended as follows: a. By revising paragraph (a)(1) to read as set forth below. b. In paragraph (a)(2), by removing the word “; or,” from the end of the sentence and adding the words “or with stipulations agreed on in the compliance agreement between the certified applicator and the Administrator.” in its place. c. By removing paragraph (a)(3). § 301.45-12 Disqualification of qualified certified applicator to issue certificates.

(a)* * *

(1)Such person is not certified by a State and/or the Federal government as a commercial certified applicator under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136i) in a category allowing the application of restricted use pesticides. Done in Washington, DC, this 7th day of December 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-24176 Filed 12-12-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 354 9 CFR Parts 130 and 156 [Docket No. APHIS-2006-0028] RIN 0579-AC44 User Fees; Updates and Clarifications AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending our Agricultural Quarantine and Inspection Services user fee regulations to update an address that appears in several places. We are also making several nonsubstantive changes to the Veterinary Services user fee regulations to correct errors and to clarify the services covered by certain existing user fees. These changes, which do not affect any existing fees, are necessary to ensure that the user fee regulations are up to date and to ensure their clarity. EFFECTIVE DATE: January 14, 2008. FOR FURTHER INFORMATION CONTACT: Mrs. Kris Caraher, User Fees Section Head, Financial Services Branch, Financial Management Division, MRBPS, APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1232;

(301)734-5901. SUPPLEMENTARY INFORMATION: Background On July 17, 2007, we published in the **Federal Register** (72 FR 39025-39028, Docket No. APHIS-2006-0028) a proposal 1 to amend our Agricultural Quarantine and Inspection

(AQI)Services user fee regulations contained in 7 CFR part 354 to update an address that appears in several places. We also proposed several nonsubstantive changes to the Veterinary Services user fee regulations contained in 9 CFR part 130 to correct errors and to clarify the services covered by certain existing user fees. Finally, we proposed to remove all references to cooperative agreements in 9 CFR part 156 because the export product endorsement and inspection services formerly covered by those agreements are now covered by user fees in 9 CFR part 130. These changes, which do not affect any existing fees, are necessary to ensure that the user fee regulations are up to date and to ensure their clarity. 1 To view the proposed rule, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0028.* We solicited comments concerning our proposal for 60 days ending September 17, 2007. We did not receive any comments. Therefore, for the reasons given in the proposed rule, we are adopting the proposed rule as a final rule, without change. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. This rule amends our AQI user fee regulations by updating an address that appears in several places. We also make several nonsubstantive changes to the Veterinary Services user fee regulations to correct errors and to clarify existing user fee services. The changes to the regulations are administrative in nature and do not result in any new fees being charged or any additional entities becoming subject to user fees. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are in conflict with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This final rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects 7 CFR Part 354 Animal diseases, Exports, Government employees, Imports, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Travel and transportation expenses. 9 CFR Part 130 Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry and poultry products, Quarantine, Reporting and recordkeeping requirements, Tests. 9 CFR Part 156 Exports, Livestock, Poultry and poultry products, Reporting and recordkeeping requirements. Accordingly, we are amending 7 CFR part 354 and 9 CFR parts 130 and 156 as follows: TITLE 7—[AMENDED] PART 354—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES 1. The authority citation for part 354 continues to read as follows: Authority: 7 U.S.C. 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and 371.3. § 354.3 [Amended] 2. In § 354.3, paragraphs (d)(4) introductory text, (d)(5), (d)(6), (e)(3)(i), (e)(3)(ii), (e)(4), (f)(5)(i), (f)(5)(ii), (f)(5)(iii), (f)(6), and (f)(7), the words “Box 952181, St. Louis, MO 63195-2181” are removed and the words “Box 979044, St. Louis, MO 63197-9000” are added in their place. TITLE 9—[AMENDED] PART 130—USER FEES 3. The authority citation for part 130 continues to read as follows: Authority: 5 U.S.C. 5542; 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 CFR 2.22, 2.80, and 371.4. § 130.2 [Amended] 4. In § 130.2, paragraph (a), the first sentence is amended by adding the words “for any service rendered by an APHIS representative” after the word “fees”. § 130.3 [Amended] 5. In § 130.3, paragraph (c)(3) is amended by removing the words “for those services” and adding the words “for any service rendered by an APHIS representative” in their place. § 130.4 [Amended] 6. In § 130.4, the first sentence of the section is amended by adding the words “for any service rendered by an APHIS representative” after the word “fees”, and the sentence “These fees are nonrefundable.” is added after the second sentence. § 130.5 [Amended] 7. In § 130.5, paragraph (a), the first sentence is amended by adding the words “for any service rendered by an APHIS representative” after the word “fees”. § 130.6 [Amended] 8. In § 130.6, paragraph (a), the first sentence is amended by adding the words “for any service rendered by an APHIS representative” after the word “fees”. 9. Section 130.7 is amended as follows: a. In paragraph (a), first sentence, by adding the words “for any service rendered by an APHIS representative” after the word “fees”. b. By adding paragraph

(b)to read as set forth below. § 130.7 User fees for import or entry services for live animals at land border ports along the United States-Canada border.

(b)If a service must be conducted on a Sunday or holiday or at any other time outside the normal tour of duty of the employee, then reimbursable overtime, as provided for in part 97 of this chapter, must be paid for each service, in addition to the user fee listed in this section. § 130.8 [Amended] 10. In § 130.8, paragraph (a), the first sentence is amended by adding the words “for any service rendered by an APHIS representative” after the word “fees”. § 130.11 [Amended] 11. In § 130.11, paragraph

(a)is amended by adding the sentence “These user fees do not apply to inspection activities covered in § 130.30(a)(2).” after the last sentence. 12. In § 130.20, paragraph (b)(1) is amended by adding footnote 1 in the table heading and by revising in the table the entry for “Nonslaughter horses to Canada” to read as follows: § 130.20 User fees for endorsing export certificates. (b)(1) * * * Number 1 of tests or vaccinations and number of animals or birds on the certificate User fee beginning Oct. 1, 2003 * * * * * * * Nonslaughter horses to Canada: First horse $38.00 Each additional horse 4.25 * * * * * * * 1 Rabies vaccinations are not included in this number. 13. Section 130.30 is amended as follows: a. In the introductory text of paragraph (a), by removing the words “through (a)(13)” and adding the words “through (a)(18)” in their place. b. Paragraph (a)(2) is revised to read as set forth below. c. In paragraph (a)(4), by adding the words “, such as monitoring birds—including but not limited to pet birds—between flights” after the word “quarantine”. d. Paragraph (a)(13) is redesignated as paragraph (a)(18), and new paragraphs (a)(13), (a)(14), (a)(15), (a)(16), and (a)(17) are added to read as set forth below. § 130.30 Hourly rate and minimum user fees.

(a)* * *

(2)Conducting inspections, including inspections of laboratories and facilities (such as biosecurity level two facilities), required either to obtain import permits for animal products, aquaculture products, or organisms or vectors, or to maintain compliance with import permits. This hourly rate does not apply to inspection activities covered in § 130.11.

(13)Import or entry services for feeder animals including, but not limited to, feeder goats and feeder bison not covered by a flat rate user fee in § 130.7.

(14)Export-related bird banding for identification.

(15)Export-related inspection and approval of pet food facilities, including laboratories that perform pet food testing.

(16)Export-related services provided at animal auctions.

(17)Various export-related facility inspections, including, but not limited to, fertilizer plants that utilize poultry waste, rendering plants, and potential embarkation facilities. PART 156—VOLUNTARY INSPECTION AND CERTIFICATION SERVICE 14. The authority citation for part 156 continues to read as follows: Authority: 7 U.S.C. 1622 and 1624; 21 U.S.C. 136a; 7 CFR 2.22, 2.80, and 371.4. § 156.2 [Amended] 15. Section 156.2 is amended as follows: a. By removing the definition of *cooperative agreement* . b. In the definition of *inspector* , by removing the words “under a cooperative agreement”. § 156.4 [Amended] 16. Section 156.4 is amended by removing the words “under a cooperative agreement”. § 156.5 [Amended] 17. Section 156.5 is amended by removing the words “service is to be furnished under a cooperative agreement;” and adding the words “the requirements of part 130 of this title are met;” in their place. 18. Section 156.7 is revised to read as follows: § 156.7 User fees under 9 CFR part 130. User fees under part 130 of this chapter for service (including travel and other expenses incurred in connection with the furnishing of service) under this part shall be paid by the applicant. If required by the Administrator, the user fees under part 130 of this chapter shall be paid in advance. Since the user fees under part 130 of this chapter are for the purpose of reimbursing the Department for all costs incurred in connection with the furnishing of service under this part, the appropriate user fees under part 130 of this chapter to cover any such costs shall be paid even if service is withheld pursuant to § 156.8. Done in Washington, DC, this 7th day of December 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-24177 Filed 12-12-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-28601; Airspace Docket No. 07-AEA-02] Establishment of Class D and E Airspace, Revision of Class E Airspace; Easton, MD AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class D, E2 and E4 airspace at Easton, MD to provide adequate airspace that will support the new Air Traffic Control Tower constructed at Easton Airport/Newnam Field. Increased safety and airspace management is enhanced through this rule by providing controlled airspace for Instrument Approaches and Instrument and Visual Flight Rule operations. This action also amends Class E5 airspace at Easton, MD by imparting a technical correction to the airport's name. DATES: Effective 0901 UTC, February 14, 2008. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Daryl Daniels, Air Traffic Control Specialist, System Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone

(404)305-5581. SUPPLEMENTARY INFORMATION: History On September 6, 2007, the FAA published in the **Federal Register** an NPRM to establish Class D, E2, and E4 airspace and amend Class E5 airspace at Easton, MD (72 FR 51203). Due to the volume and mix of aircraft operating at the airport, an Air Traffic Control Tower has been built with weather reporting capabilities at Easton Airport/Newnam Field which meets the criteria for Class D and E4 surface area airspace. Class D surface area airspace and Class E4 airspace designated as an extension to Class D surface airspace is required when the control tower is open to contain Standard Instrument Approach Procedures (SIAPs) and other Instrument Flight Rules

(IFR)operations at the airport. Additionally, the Potomac Tracon receives the weather information and has the ability to communicate with aircraft on the ground at the airport, thus meeting the criteria for Class E2 airspace. Class E2 surface area airspace is required for safety reasons when the control tower is closed to contain SIAPs and other IFR operations at the airport. This action establishes that airspace. On May 25, 1993, the County Council of Talbot County voted to officially change the name of the Easton Municipal Airport to Easton Airport/Newnam Field honoring Mr. William S.D. Newnam, having served the county and the airport for forty years. That change was never completely forwarded to the proper authorities. This action corrects that oversight. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments objecting to the proposal were received. The Rule This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class D Airspace extending upwards from the surface to and including 2,600 feet MSL within a 4.0-mile radius of the airport, Class E4 Airspace extension to Class D that is 5.4 miles wide and extends 7.4 miles northeast of the Easton Non Directional Beacon

(NDB)and Class E2 airspace whose dimensions include both. This amendment also revises Class E5 Airspace to correctly identify the airports' name as Easton Airport/Newnam Field at Easton, MD. Class D and E2 Airspace Designations for Airspace Areas extending upward from the surface of the Earth, Class E4 Airspace Areas Designated as an Extension to a Class D Surface Area and Class E5 Airspace Areas extending upward from 700 feet or more above the surface of the Earth are published in Paragraphs 5000, 6002, 6004 and 6005 respectively of FAA Order 7400.9R, signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class D and E Airspae designations listed in this document will be published subsequently in the Order. The regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among various levels of government. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore,

(1)is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and

(3)does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes controlled airspace at the Easton Airport/Newnam Field, Easton, MD. Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (Air). Adoption of the Amendment: In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, effective September 15, 2007, is amended as follows: Paragraph 5000 Class D Airspace. AEA MD D Easton, MD [NEW] Easton Airport/Newnam Field, MD (Lat. 38°48′15″ N., long. 76°04′08″ W.) That airspace extending upward from the surface to and including 2,600 feet MSL within a 4.0-mile radius of the Easton Airport/Newnam Field. This Class D airspace area is effective during the specific days and times established in advance by a Notice to Airmen. The effective days and times will thereafter be continuously published in the Airport/Facility Directory. Paragraph 6002 Class E Airspace Designated as Surface Areas. AEA MD E2 Easton, MD [NEW] Easton Airport/Newnam Field, MD (Lat. 38°48′15″ N., long. 76°04′08″ W.) Easton NDB (Lat. 38°48′17″ N., long. 76°04′10″ W.) That airspace extending upward from the surface to and including 2,600 feet MSL within a 4.0-mile radius of the Easton Airport/Newnam Field and that airspace within 2.7 miles each side of the 038° bearing from the Easton NDB extending from the 4.0 mile radius of the Easton Airport/Newnam Field to 7.4 miles northeast of the NDB. This Class E airspace area is effective during the specific days and times established in advance by a Notice to Airmen. The effective days and times will thereafter be continuously published in the Airport/Facility Directory. Paragraph 6004 Class E Airspace Areas Designated as an Extension to a Class D Surface Area. AEA MD E4 Easton, MD [NEW] Easton Airport/Newnam Field, MD (Lat. 38°48′15″ N., long. 76°04′08″ W.) Easton NDB (Lat. 38°48′17″ N., long. 76°04′10″ W.) That airspace extending upward from the surface within 2.7 miles each side of the 038° bearing from the Easton NDB extending from the 4.0-mile radius of the Easton Airport/Newnam Field to 7.4 miles northeast of the NDB. This Class E airspace area is effective during the specific days and times established in advance by a Notice to Airmen. The effective days and times will thereafter be continuously published in the Airport/Facility Directory. Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. AEA MD E5 Easton, MD [REVISED] Easton Airport/Newnam Field, MD (Lat. 38°48′15″ N., long. 76°04′08″ W.) Easton NDB (Lat. 38°48′17″ N., long. 76°04′10″ W.) That airspace extending upward from 700 feet above the surface of the Earth within a 6.7-mile radius of the Easton Airport/Newnam Field and within 2.7 miles each side of the 038° bearing from the Easton NDB extending from the 6.7-mile radius to 7.4 miles northeast of the NDB. Issued in College Park, Georgia, on November 15, 2007. Barry A. Knight, Acting Manager, System Support Group, Eastern Service Center. [FR Doc. 07-6019 Filed 12-12-07; 8:45 am]

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