Unknown. Confirmation of regulations

7,391 words·~34 min read·/register/2007/12/14/07-6038

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-2007-12-14.xml --- 72 240 Friday, December 14, 2007 Contents Agricultural Agricultural Marketing Service RULES Cherries (sweet) grown in— Washington, 71055-71056 E7-24203 NOTICES Agency information collection activities; proposals, submissions, and approvals, 71112-71113 E7-24202 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 71112 E7-24207 Army Army Department See Engineers Corps Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 71116-71117 E7-24199 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-24261 71140-71142 E7-24264 E7-24274 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 71115-71116 E7-24198 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, E7-24225 71114-71115 E7-24226 CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

North American Free Trade Agreement; commercial availability— Rayon fiber; textile filaments, staple yarns, and woven fabrics and nonwoven and other textile articles, 71123-71124 E7-24281 Defense Defense Department See Engineers Corps See Navy Department NOTICES Committees; establishment, renewal, termination, etc.: Employer Support of the Guard and Reserve Advisory Board, 71124-71125 E7-24224 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 71128-71130 E7-24269 E7-24272 Employment Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 71159-71161 E7-24180 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Powerplant and industrial fuel use; new electric powerplant coal capability:

Self-certification filings— WCM Group, Inc., 71130 E7-24232 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: North Topsail Beach Shoreline Protection Project, NC, 71125-71126 E7-24247 EPA Environmental Protection Agency RULES Air programs: Ambient air quality standards, national— Exceptional events; data treatment; reconsideration petition denied, 71072-71073 E7-24242 Air quality implementation plans; approval and promulgation; various States: Missouri, 71073-71077 E7-24230 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Clethodim, 71077-71082 E7-24164 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Nevada, 71095-71099 E7-24243 NOTICES Agency information collection activities; proposals, submissions, and approvals, 71135-71136 E7-24229 Environmental statements; availability, etc.: Agency comment availability, 71136-71137 E7-24228 Agency weekly receipts, 71137-71138 E7-24227 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Class E airspace, 71060 07-6038 PROPOSED RULES Airworthiness directives:

Air Tractor, Inc., 71086-71089 E7-24215 Piaggio Aero Industries S.p.A., 71089-71091 E7-24216 FCC Federal Communications Commission PROPOSED RULES Common carrier services: Telephone Consumer Protection Act; implementation— Do-Not-Call Implementation Act; telemarketers requirement to honor registrations, 71099-71102 E7-24280 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 71138 07-6059 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 71130-71132 E7-24249 Electric rate and corporate regulation combined filings, 71132-71135 E7-24241 *Applications, hearings, determinations, etc.:* Tiqun Energy, Inc., 71132 E7-24248 Federal Reserve Federal Reserve System RULES Equal Credit Opportunity Act (Regulation B):

Electronic disclosures delivery; staff commentary, 71056-71057 E7-24221 Truth in lending (Regulation Z): Electronic disclosures delivery; technical amendment, 71058-71059 E7-24222 NOTICES Banks and bank holding companies: Change in bank control, 71138 E7-24217 Meetings; Sunshine Act, 71138-71139 07-6056 Fish Fish and Wildlife Service NOTICES Endangered and threatened species permit applications, 71145-71146 E7-24246 Forest Forest Service NOTICES Environmental statements; availability, etc.:

San Juan National Forest, PR, 71148-71150 E7-24208 Reports and guidance documents; availability, etc.: Outfitting and guiding special use permits and insurance requirements, 71113-71114 E7-24240 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 71139-71140 E7-24235 Homeland Homeland Security Department See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

Homeless assistance; excess and surplus Federal properties, 71143 E7-24005 Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent: Soboba Band of Luiseno Indians, CA; fee-to-trust land acquisition and hotel and casino project, 71146-71147 E7-24293 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: Cirrus Electronics LLC et al., 71117-71118 E7-24237 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See National Park Service See Reclamation Bureau NOTICES Water Rights Settlement Act of 2004; implementation; statement of findings:

Gila River Indian Community, AZ, 71143-71145 E7-24257 Southern Arizona, 71145 E7-24258 IRS Internal Revenue Service RULES Income taxes: Tax-exempt entities not currently required to file; notification requirement Correction, E7-24114 71060-71061 07-6044 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Closure of public lands: Alaska, 71147-71148 E7-24251 Environmental statements; availability, etc.:

Powder River and Billings Resource Management Plans, MT; supplemental air quality analyses information, 71148 E7-24205 San Juan National Forest, PR, 71148-71150 E7-24208 Three Rivers Stone Quarry, ID, 71150-71151 E7-24206 Realty actions; sales, leases, etc.: Nevada, 71151-71152 E7-24219 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 71152-71157 E7-24252 National Foundation National Foundation on the Arts and the Humanities NOTICES Committees; establishment, renewal, termination, etc.:

Humanities Panel, 71164 E7-24268 National Highway National Highway Traffic Safety Administration NOTICES Highway safety programs; breath alcohol testing devices: Model specifications and conforming products list— Alcohol in bodily fluids screening devices, 71188-71191 E7-24282 National Institute National Institute of Standards and Technology NOTICES Grants and cooperative agreements; availability, etc.: Precision Measurement Program, 71119-71121 E7-24276 NIH National Institutes of Health NOTICES Meetings:

National Institute of Child Health and Human Development, 71142 07-6047 National Institute of Environmental Health Sciences, 71142-71143 07-6048 National Institute on Alcohol Abuse and Alcoholism, 71142 07-6046 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Endangered and threatened species: Elkhorn and staghorn corals, 71102-71111 E7-24211 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— PRBO Conservation Science; central California seabird research operations;

California sea lions, etc., 71121-71123 E7-24255 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 71157-71158 07-6051 Meetings: Denali National Park and Preserve Aircraft Overflights Advisory Council, 71158 07-6052 Navy Navy Department NOTICES Environmental statements; availability, etc.: Base realignment and closure— National Naval Medical Center, MD; hearings, 71126-71128 E7-24214 Environmental statements; notice of intent:

U.S. Marine Corps Base Camp Lejeune, et al., NC; Grow the Force Initiative, 71128 E7-24234 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitions: Shaw, Sally, 71083-71086 E7-24291 NOTICES Environmental statements; availability, etc.: Virginia Electric and Power Co., 71165-71166 E7-24290 Meetings: Independent External Review Panel to Identify Vulnerabilities in NRC's Materials Licensing Program, 71166 E7-24286 *Applications, hearings, determinations, etc.:* Nuclear Fuel Services, Inc., 71164-71165 E7-24289 Occupational Occupational Safety and Health Administration RULES Occupational safety and health standards:

National consensus standards and industry standards; update, 71061-71070 E7-24181 PROPOSED RULES Occupational safety and health standards: National consensus standards and industry standards; update, 71091-71095 E7-24182 NOTICES Agency information collection activities; proposals, submissions, and approvals, 71161-71164 E7-24209 E7-24210 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension Benefit Guaranty Corporation RULES Single-employer plans:

Allocation of assets— Benefits payable in terminated plans and interest assumptions for valuing and paying benefits, 71071-71072 E7-24245 NOTICES Single-employer and multiemployer plans: Interest rates and assumptions, 71167-71168 E7-24244 Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 71168 E7-24275 Personnel management demonstration projects: Education Department/Federal Student Aid; performance-based pay adjustments, 71168-71176 E7-24259 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Wright Brothers Day (Proc. 8211), 71195-71198 07-6073 Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent:

Lower Yuba River Accord, CA, 71158-71159 E7-24223 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: NASDAQ Stock Market LLC, 71176-71178 E7-24201 NYSE Arca, Inc., 71178-71184 E7-24194 Philadelphia Stock Exchange, Inc., 71185 E7-24195 SBA Small Business Administration NOTICES Disaster loan areas: Oregon, 71186 E7-24263 Washington, 71186 E7-24262 Small business size standards: Nonmanufacturer rule; waivers— All other miscellaneous electrical equipment and component manufacturing, 71186-71187 E7-24266 *Applications, hearings, determinations, etc.:* Emergence Capital Partners SBIC, L.P., 71185-71186 E7-24260 State State Department NOTICES Culturally significant objects imported for exhibition:

Parmigianino's Antea: A Beautiful Artifice, 71187 E7-24285 Surface Surface Transportation Board NOTICES Railroad services abandonment: Union Pacific Railroad Co., 71191-71192 E7-24192 TVA Tennessee Valley Authority NOTICES Agency information collection activities; proposals, submissions, and approvals, 71187 E7-24239 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Trade Agreements Act of 1979; implementation:

Procurement thresholds (2008-2009 CY), 71166-71167 E7-24212 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board Transportation Transportation Security Administration NOTICES Maritime and land transporation security: Transportation Worker Identification Credential; enrollment— Peoria and Joliet, IL, et al., 71143 E7-24253 Treasury Treasury Department See Internal Revenue Service NOTICES Meetings:

Financial Literacy and Education Commission, 71192-71193 E7-24204 Separate Parts in this Issue Part II Executive Office of the President, Presidential Documents, 71195-71198 07-6073 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. 72 240 Friday, December 14, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 923 [Docket No.

AMS-FV-07-0018; FV07-923-610 Review] Sweet Cherries Grown in Designated Counties in Washington; Section 610 Review AGENCY: Agricultural Marketing Service, USDA. ACTION: Confirmation of regulations. SUMMARY: This action summarizes the results under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA), of an Agricultural Marketing Service

(AMS)review of Marketing Order No. 923, regulating the handling of sweet cherries grown in designated counties in Washington. AMS has determined that the marketing order should be continued. ADDRESSES: Interested persons may obtain a copy of the review. Requests for copies should be sent to the Docket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Fax:

(202)720-8938; or E-mail: *moab.docketclerk@usda.gov.* A copy of the review may also be obtained via the Internet at: *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Robert Curry or Gary D. Olson, Northwest Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW Third Avenue, suite 385, Portland, Oregon 97204; Telephone:

(503)326-2724; Fax:

(503)326-7440; or E-mail: *Robert.Curry@usda.gov* or *GaryD.Olson@usda.gov.* SUPPLEMENTARY INFORMATION: Marketing Order No. 923, as amended (7 CFR part 923), regulates the handling of sweet cherries grown in designated counties in Washington State hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The order establishes the Washington Cherry Marketing Committee (Committee) which is comprised of sixteen members and sixteen alternate members selected by the Department of Agriculture (USDA). Ten of the members and their respective alternates are growers of sweet cherries and six of the members and their respective alternates are handlers. As the industry is divided into two districts, five growers and three handlers and their respective alternates from each district are represented on the Committee. Committee members and alternate members serve for two years beginning on April 1 and ending on March 31. The terms are staggered so that half of the members are selected annually. Committee members may serve for a maximum of three consecutive two-year terms. The Committee is responsible for local administration of the order, including recommending the implementation of regulatory actions and activities to USDA, collecting and distributing industry statistics, and ensuring compliance with the various provisions of the order. The Committee recommends amendments to the order when needed to further industry objectives. Activities of the Committee are funded by assessments collected from handlers on a per ton basis for all production area cherries sold into the fresh market. USDA must approve recommendations by the Committee before they can be implemented. Currently, there are approximately 1,500 growers and 53 handlers of Washington sweet cherries in the regulated production area. The majority of these growers and handlers may be classified as small entities. The regulations implemented under the order are applied uniformly to small and large entities, and are designed to benefit all industry entities regardless of size. A plan to review certain regulations—including Marketing Order No. 923—was published in the **Federal Register** on February 18, 1999 (64 FR 8014), under criteria contained in section 610 of the RFA (5 U.S.C. 601-612). Updated plans were published in the **Federal Register** on January 4, 2002 (67 FR 525), August 14, 2003 (68 FR 48574), and again on March 24, 2006 (71 FR 14827). Accordingly, AMS published a notice of review and request for written comments on the Washington sweet cherry marketing order in the June 20, 2007, issue of the **Federal Register** (72 FR 33918). The deadline for comments ended August 20, 2007. Two comments were received via the regulations.gov Web site. Both comments were not related to the Washington sweet cherry marketing order nor the published request for comments specific to the section 610 review, and thus were not considered. The review was undertaken to determine whether the order should be continued without being changed, amended, or rescinded to minimize the impacts on small entities. In conducting this review, AMS considered the following factors:

(1)The continued need for the order;

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

(3)the complexity of the order;

(4)the extent to which the order overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules; and

(5)the length of time since the order has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the order. The order authorizes the issuance of regulations to limit the shipment of any particular grade, size, quality, maturity or pack of sweet cherries grown in the production area. Regulations may also be issued that fix the size, capacity, weight, dimensions, markings, or pack of the containers used in the packaging or handling of cherries. The order also authorizes the Committee to establish marketing research and development projects designed to assist, improve, or promote the marketing, distribution, and consumption of cherries. Finally, the order authorizes collection and dissemination of information for the benefit of the industry. Current handling regulations issued under the order's authority include minimum grade, size, maturity and pack regulations, as well as mandatory inspection of the product to ensure that it meets these minimum requirements. These regulations have helped ensure that quality product reaches the consumer, and have thus helped increase and maintain demand for Washington sweet cherries over the past five decades. The compilation and dissemination of statistical information undertaken by the Committee has helped producers and handlers make production and marketing decisions. Funds to administer the order are obtained from assessments levied against all product handled under the order. Regarding complaints or comments received from the public concerning the order, AMS did not receive any complaints or comments specific to the order in response to the notice of review and request for comments published on June 20, 2007 (72 FR 33918). Marketing order issues and programs are discussed at public meetings, and all interested persons are allowed to express their views. All comments are considered in the decision making process by the Committee and AMS before any program changes are implemented. In considering the order's complexity, AMS has determined that the order is not unduly complex. During the review, the order was also checked for duplication and overlap with other regulations. Except as discussed herein, AMS did not identify any relevant Federal rules, or State and local regulations that duplicate, overlap, or conflict with the order. There is a Washington State commission covering specified tree fruits, including sweet cherries. However, this program—the Washington State Fruit Commission (Commission)—is market-oriented and none of its programs are duplicated by the Federal order. Among other activities, the Commission currently conducts marketing research and development projects, which are authorized—but not currently conducted—under the Federal order. The order was established in June 1957. During the 50 years the order has been in effect, AMS and the Washington sweet cherry industry have continuously monitored its operations. Changes in regulations have been implemented to reflect current industry operating practices, and to solve marketing problems as they occur. The goal of periodic evaluations is to assure that the order and the regulations implemented under it fit the needs of the industry and are consistent with the Act. The Committee meets once or twice a year to discuss the order and the various regulations issued thereunder, and to determine if, or what, changes may be necessary to reflect current industry practices. As a result, regulatory changes have been made numerous times over the years to address industry operation changes and to improve program administration. In addition, in 2001, and again in 2005, the Committee made several recommendations to improve quality regulations and program operations through two separate formal amendments of the order. These formal amendment proceedings resulted in several changes being made to the order, including: Increasing the size of the production area to include all of Washington State east of the Cascade Mountain Range; allowing grading and packing of Washington cherries outside the production area; increasing Committee representation by adding a handler member; providing for late payment and interest charges on delinquent assessments; authorizing the establishment of container marking requirements; adding authority for the Committee to accept voluntary contributions for research and promotion; establishing tenure requirements for Committee members; and adding a requirement that continuance referenda be held every 6 years. Based on the potential benefits of the order to producers, handlers, and consumers, AMS has determined that the Washington sweet cherry marketing order should be continued. The order was established to help the industry work with USDA to solve marketing problems. The order's regulations on grade, size, quality, maturity, and pack continue to be beneficial to producers, handlers, and consumers. AMS will continue to work with the Washington sweet cherry industry in maintaining an effective marketing order program. Dated: December 10, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-24203 Filed 12-13-07; 8:45 am] BILLING CODE 3410-02-P FEDERAL RESERVE SYSTEM 12 CFR Part 202 [Regulation B; Docket No. R-1281] Equal Credit Opportunity AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule; technical amendment. SUMMARY: The Board is revising the official staff commentary to Regulation B, which implements the Equal Credit Opportunity Act, to clarify an amendment published on November 9, 2007. The clarification and the earlier amendment relate to the electronic delivery of disclosures under Regulation B. DATES: The amendment is effective January 14, 2008. The mandatory compliance date is October 1, 2008. FOR FURTHER INFORMATION CONTACT: John C. Wood, Counsel, Division of Consumer and Community Affairs, at

(202)452-2412 or

(202)452-3667. For users of Telecommunications Device for the Deaf

(TDD)only, contact

(202)263-4869. SUPPLEMENTARY INFORMATION: I. Background The Equal Credit Opportunity Act (ECOA), 15 U.S.C. 1691 *et seq* ., makes it unlawful for creditors to discriminate in any aspect of a credit transaction on the basis of sex, race, color, religion, national origin, marital status, or age (provided the applicant has the capacity to contract), because all or part of an applicant's income derives from public assistance, or because an applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Board's Regulation B (12 CFR part 202) implements the ECOA. The ECOA and Regulation B require certain disclosures to be provided to applicants, and some of those disclosures must be provided in writing. The Electronic Signatures in Global and National Commerce Act (the E-Sign Act), 15 U.S.C. 7001 *et seq* ., was enacted in 2000. The E-Sign Act provides that electronic documents and electronic signatures have the same validity as paper documents and handwritten signatures. The E-Sign Act contains special rules for the use of electronic disclosures in consumer transactions. Under the E-Sign Act, consumer disclosures required by other laws or regulations to be provided or made available in writing may be provided or made available, as applicable, in electronic form if the consumer affirmatively consents after receiving a notice that contains certain information specified in the statute, and if certain other conditions are met. Recently the Board published amendments to Regulation B and the official staff commentary to the regulation to provide guidance on the use of electronic disclosures, consistent with the E-Sign Act (72 FR 63,445, November 9, 2007). The amendments take effect on a mandatory basis on October 1, 2008. The Board has received questions about one aspect of the official staff commentary accompanying the November 2007 amendments to Regulation B. The Board is now issuing this clarification to the staff commentary to address the questions raised. II. The November 2007 Final Rule Under the Board's November 2007 final rule, creditors may provide certain disclosures required by Regulation B in electronic form without obtaining the consumer's consent pursuant to the E-Sign Act. These include the disclosures required in some circumstances to accompany a credit application (set forth in §§ 202.5, 202.13, and 202.14). Many creditors that commented on the Board's proposed rules, which were published for comment in April 2007, urged that they be permitted to provide these disclosures in paper form in appropriate cases, even when the application is accessed by the consumer electronically. They noted that a consumer or creditor's employee might complete an electronic application by entering information at a terminal or kiosk located in the creditor's office and that paper disclosures would be more appropriate in such cases. In response to the commenters' concerns, the November 2007 final rule states that if an application is accessed by the consumer in electronic form, the required application-related disclosures may (rather than must) be provided in electronic form on or with the application. *See* 12 CFR 202.4(d)(2). Because the regulation allows disclosures to be given in either paper or electronic form when consumers access an application electronically, the Board also revised the commentary to Regulation B to provide examples of how creditors can satisfy the requirement that the disclosures be “on or with” the application in particular circumstances. As revised, the commentary reflects that where a consumer accesses and submits an application form using a home computer via the creditor's Web site, the creditor must provide the disclosures electronically with the application form on the Web site to provide disclosures in a timely manner on or with the application. If the creditor instead mailed paper disclosures to the consumer, the disclosures would not be timely and would not be provided on or with the application. In contrast, if a consumer is physically present in the creditor's office, and accesses and submits an electronic application—such as via a terminal or kiosk—the revised commentary notes that the creditor could use paper disclosures to comply with the timing and delivery requirements of the regulation (“on or with”). *See* comment 4(d)-2. For example, a loan officer could give the disclosures to the consumer in paper form, or in the case of an unattended kiosk, the kiosk could have a printer and provide paper disclosures. III. Revisions to the Staff Commentary Following publication of the November 2007 final rule, questions have been raised about other situations where creditors could provide paper disclosures in a timely manner to consumers accessing a credit application electronically, even though the consumers are not physically present in the creditor's office. For example, consumers might access a credit application using an electronic terminal or kiosk on the premises of the creditor's affiliate or a third party (such as a retail store) that has arranged with the creditor to provide applications to consumers. In these cases, consumers could receive paper disclosures with the credit application in the same manner as in the creditor's own office. This is consistent with the revised regulation and the Board's intent in issuing the November 2007 final rule. Accordingly, the Board is revising comment 4(d)-2 to clarify that these are additional examples where paper disclosures would satisfy the rule's requirements for providing disclosures “on or with” the application. The Board is issuing this commentary revision in final form. Under the Administrative Procedure Act, 5 U.S.C. 551 *et seq* ., publication of a notice of proposed rulemaking is not required for interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice. 5 U.S.C. 553(b)(A). In this case, the Board has determined that the public notice and comment provisions do not apply to this rulemaking because the revisions are interpretative rules. The commentary revision does not establish new regulatory requirements and merely clarifies, through additional examples, how creditors can meet the existing requirement for providing disclosures “on or with” applications in particular circumstances. Moreover, the commentary revision provides creditors with an expanded safe harbor for complying with the rule by allowing them to use either paper or electronic disclosures in the circumstances described, consistent with the public comments previously received by the Board. The changes, therefore, meet the requirements for exemption from notice and comment in 5 U.S.C. 553(b)(A). List of Subjects in 12 CFR Part 202 Aged, Banks, Banking, Civil rights, Credit, Federal Reserve System, Marital status discrimination, Penalties, Religious discrimination, Reporting and recordkeeping requirements, Sex discrimination. For the reasons set forth in the preamble, the Board amends the Official Staff Commentary to Regulation B, 12 CFR part 202, as set forth below: PART 202—EQUAL CREDIT OPPORTUNITY (REGULATION B) 1. The authority citation for part 202 continues to read as follows: Authority: 15 U.S.C. 1691-1691f. 2. In Supplement I to part 202, in *Section 202.4—General Rules* , under *Paragraph (4)(d)* , paragraph 2 is revised, to read as follows: SUPPLEMENT I TO PART 202—OFFICIAL STAFF INTERPRETATIONS Section 202.4 General Rules Paragraph (4)(d). 2. *Form of disclosures.* Whether the disclosures required to be on or with an application must be in electronic form depends upon the following: i. If an applicant accesses a credit application electronically (other than as described under ii below), such as online at a home computer, the creditor must provide the disclosures in electronic form (such as with the application form on its website) in order to meet the requirement to provide disclosures in a timely manner on or with the application. If the creditor instead mailed paper disclosures to the applicant, this requirement would not be met. ii. In contrast, if an applicant is physically present in the creditor's office, and accesses a credit application electronically, such as via a terminal or kiosk (or if the applicant uses a terminal or kiosk located on the premises of an affiliate or third party that has arranged with the creditor to provide applications to consumers), the creditor may provide disclosures in either electronic or paper form, provided the creditor complies with the timing, delivery, and retainability requirements of the regulation. By order of the Board of Governors of the Federal Reserve System, acting through the Director of the Division of Consumer and Community Affairs under delegated authority, December 11, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E7-24221 Filed 12-13-07; 8:45 am] BILLING CODE 6210-01-P FEDERAL RESERVE SYSTEM 12 CFR Part 226 [Regulation Z; Docket No. R-1284] Truth in Lending AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule; technical amendment. SUMMARY: The Board is revising the official staff commentary to Regulation Z, which implements the Truth in Lending Act, to clarify an amendment published on November 9, 2007. The clarification and the earlier amendment relate to the electronic delivery of disclosures under Regulation Z. DATES: The amendment is effective January 14, 2008. The mandatory compliance date is October 1, 2008. FOR FURTHER INFORMATION CONTACT: John C. Wood, Counsel, Division of Consumer and Community Affairs, at

(202)452-2412 or

(202)452-3667. For users of Telecommunications Device for the Deaf

(TDD)only, contact

(202)263-4869. SUPPLEMENTARY INFORMATION: I. Background The purpose of the Truth in Lending Act (TILA), 15 U.S.C. 1601 *et seq.,* is to promote the informed use of consumer credit by requiring disclosures about its terms and cost. The Board's Regulation Z (12 CFR part 226) implements the act. The act requires creditors to disclose the cost of credit as a dollar amount (the finance charge) and as an annual percentage rate (the APR). Uniformity in creditors' disclosures is intended to promote the informed use of credit and assist in shopping for credit. TILA requires additional disclosures for loans secured by consumers' homes and permits consumers to rescind certain transactions that involve their principal dwellings. TILA and Regulation Z require a number of disclosures to be provided in writing. The Electronic Signatures in Global and National Commerce Act (the E-Sign Act), 15 U.S.C. 7001 *et seq.* , was enacted in 2000. The E-Sign Act provides that electronic documents and electronic signatures have the same validity as paper documents and handwritten signatures. The E-Sign Act contains special rules for the use of electronic disclosures in consumer transactions. Under the E-Sign Act, consumer disclosures required by other laws or regulations to be provided or made available in writing may be provided or made available, as applicable, in electronic form if the consumer affirmatively consents after receiving a notice that contains certain information specified in the statute, and if certain other conditions are met. Recently the Board published amendments to Regulation Z and the official staff commentary to the regulation to provide guidance on the use of electronic disclosures, consistent with the E-Sign Act (72 FR 63,462, November 9, 2007). The amendments take effect on a mandatory basis on October 1, 2008. The Board has received questions about one aspect of the official staff commentary accompanying the November 2007 amendments to Regulation Z. The Board is now issuing this clarification to the staff commentary to address the questions raised. II. The November 2007 Final Rule Under the Board's November 2007 final rule, creditors may provide certain shopping or advertising disclosures required by Regulation Z in electronic form without obtaining the consumer's consent pursuant to the E-Sign Act. These include the disclosures required to be provided on or with credit card applications and solicitations (§ 226.5a) and applications for home-equity lines of credit (§ 226.5b). Also included are the disclosures that must be provided when an application is provided to the consumer for certain adjustable rate mortgage

(ARM)loans (§ 226.19(b)). Many creditors that commented on the Board's proposed rules, which were published for comment in April 2007, urged that they be permitted to provide these disclosures in paper form in appropriate cases, even when the application or solicitation is accessed by the consumer electronically. They noted that a consumer or creditor's employee might complete an electronic application by entering information at a terminal or kiosk located in the creditor's office and that paper disclosures would be more appropriate in such cases. In response to the commenters' concerns, the November 2007 final rule states that if an application or solicitation is accessed by the consumer in electronic form, the required application or solicitation disclosures may (rather than must) be provided in electronic form on or with the application or solicitation. *See* 12 CFR 226.5a(a)(2)(v), 226.5b(a)(3), and 226.19(c). Because the regulation allows disclosures to be given in either paper or electronic form when consumers access an application or solicitation electronically, the Board also revised the commentary to Regulation Z to provide examples of how creditors can satisfy the requirement that the disclosures be “on or with” the application or solicitation in particular circumstances. As revised, the commentary reflects that where a consumer accesses and submits an application form using a home computer via the creditor's Web site, the creditor must provide the disclosures electronically with the application form on the Web site to provide disclosures in a timely manner on or with the application. If the creditor instead mailed paper disclosures to the consumer, the disclosures would not be timely and would not be provided on or with the application. In contrast, if a consumer is physically present in the creditor's office, and accesses and submits an electronic application—such as via a terminal or kiosk—the revised commentary notes that the creditor could use paper disclosures to comply with the timing and delivery requirements of the regulation (“on or with”). *See* comments 5a(a)(2)-9, 5b(a)(3)-1, and 19(c)-1. For example, a loan officer could give the disclosures to the consumer in paper form, or in the case of an unattended kiosk, the kiosk could have a printer and provide paper disclosures. III. Revisions to the Staff Commentary Following publication of the November 2007 final rule, questions have been raised about other situations where creditors could provide paper disclosures in a timely manner to consumers accessing a credit application electronically, even though the consumers are not physically present in the creditor's office. For example, consumers might access a credit application using an electronic terminal or kiosk on the premises of the creditor's affiliate or a third party (such as a retail store) that has arranged with the creditor to provide applications to consumers. In these cases, consumers could receive paper disclosures with the credit application in the same manner as in the creditor's own office. This is consistent with the revised regulation and the Board's intent in issuing the November 2007 final rule. Accordingly, the Board is revising comments 5a(a)(2)-9, 5b(a)(3)-1, and 19(c)-1, to clarify that these are additional examples where paper disclosures would satisfy the rule's requirements for providing disclosures “on or with” the application. The Board is issuing this commentary revision in final form. Under the Administrative Procedure Act, 5 U.S.C. 551 *et seq.* , publication of a notice of proposed rulemaking is not required for interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice. 5 U.S.C. 553(b)(A). In this case, the Board has determined that the public notice and comment provisions do not apply to this rulemaking because the revisions are interpretative rules. The commentary revision does not establish new regulatory requirements and merely clarifies, through additional examples, how creditors can meet the existing requirement for providing disclosures “on or with” applications and solicitations in particular circumstances. Moreover, the commentary revision provides creditors with an expanded safe harbor for complying with the rule by allowing them to use either paper or electronic disclosures in the circumstances described, consistent with the public comments previously received by the Board. The changes, therefore, meet the requirements for exemption from notice and comment in 5 U.S.C. 553(b)(A). List of Subjects in 12 CFR Part 226 Advertising, Federal Reserve System, Mortgages, Reporting and recordkeeping requirements, Truth in Lending. For the reasons set forth in the preamble, the Board amends the Official Staff Commentary to Regulation Z, 12 CFR part 226, as set forth below: PART 226—TRUTH IN LENDING (REGULATION Z) 1. The authority citation for part 226 continues to read as follows: Authority: 12 U.S.C. 3806; 15 U.S.C. 1604 and 1637(c)(5). 2. In Supplement I to part 226, the following amendments are made: a. In *Section 226.5a—Credit and Charge Card Applications and Solicitations,* under *5a(a)(2) Form of Disclosures,* paragraph 9. is revised. b. In *Section 226.5b—Requirements for Home Equity Plans,* under *5b(a) Form of Disclosures,* under *Paragraph 5b(a)(3)* , paragraph 1. is revised. c. In *Section 226.19—Certain Residential Mortgage and Variable-Rate Transactions,* under *19(c) Electronic disclosures,* paragraph 1. is revised. The amendments read as follows: SUPPLEMENT I TO PART 226—OFFICIAL STAFF INTERPRETATIONS Subpart B—Open-End Credit Section 226.5a Credit and Charge Card Applications and Solicitations *5a(a) General rules* . *5a(a)(2) Form of disclosures* . 9. *Form of disclosures.* Whether disclosures must be in electronic form depends upon the following: i. If a consumer accesses a credit card application or solicitation electronically (other than as described under ii. below), such as online at a home computer, the card issuer must provide the disclosures in electronic form (such as with the application or solicitation on its Web site) in order to meet the requirement to provide disclosures in a timely manner on or with the application or solicitation. If the issuer instead mailed paper disclosures to the consumer, this requirement would not be met. ii. In contrast, if a consumer is physically present in the card issuer's office, and accesses a credit card application or solicitation electronically, such as via a terminal or kiosk (or if the consumer uses a terminal or kiosk located on the premises of an affiliate or third party that has arranged with the card issuer to provide applications or solicitations to consumers), the issuer may provide disclosures in either electronic or paper form, provided the issuer complies with the timing and delivery (“on or with”) requirements of the regulation. Section 226.5b Requirements for Home Equity Plans *5b(a) Form of disclosures.* *Paragraph 5b(a)(3)* 1. *Form of disclosures.* Whether disclosures must be in electronic form depends upon the following: i. If a consumer accesses a home equity credit line application electronically (other than as described under ii. below), such as online at a home computer, the creditor must provide the disclosures in electronic form (such as with the application form on its Web site) in order to meet the requirement to provide disclosures in a timely manner on or with the application. If the creditor instead mailed paper disclosures to the consumer, this requirement would not be met. ii. In contrast, if a consumer is physically present in the creditor's office, and accesses a home equity credit line application electronically, such as via a terminal or kiosk (or if the consumer uses a terminal or kiosk located on the premises of an affiliate or third party that has arranged with the creditor to provide applications to consumers), the creditor may provide disclosures in either electronic or paper form, provided the creditor complies with the timing, delivery, and retainability requirements of the regulation. Subpart C—Closed-end Credit Section 226.19 Certain Residential Mortgage and Variable-Rate Transactions *19(c) Electronic disclosures.* 1. *Form of disclosures.* Whether disclosures must be in electronic form depends upon the following: i. If a consumer accesses an ARM loan application electronically (other than as described under ii. below), such as online at a home computer, the creditor must provide the disclosures in electronic form (such as with the application form on its Web site) in order to meet the requirement to provide disclosures in a timely manner on or with the application. If the creditor instead mailed paper disclosures to the consumer, this requirement would not be met. ii. In contrast, if a consumer is physically present in the creditor's office, and accesses an ARM loan application electronically, such as via a terminal or kiosk (or if the consumer uses a terminal or kiosk located on the premises of an affiliate or third party that has arranged with the creditor to provide applications to consumers), the creditor may provide disclosures in either electronic or paper form, provided the creditor complies with the timing, delivery, and retainability requirements of the regulation. By order of the Board of Governors of the Federal Reserve System, acting through the Director of the Division of Consumer and Community Affairs under delegated authority, December 11, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E7-24222 Filed 12-13-07; 8:45 am] BILLING CODE 6210-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-28778; Airspace Docket No. 07-AGL-6] Establishment of Class E5 Airspace; Prairie Du Sac, WI AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This rule establishes a Class E airspace area extending upward from 700 feet above the surface at Prairie Du Sac, WI. The effect of this rule is to provide appropriate controlled Class E airspace for aircraft departing from and executing instrument approach procedures to Sauk-Prairie Airport, Prairie du Sac, WI and to segregate aircraft using instrument approach procedures in instrument conditions from aircraft operating in visual conditions. DATES: *Effective Date:* 0901 UTC, February 14, 2008. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Grant Nichols, System Support, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone:

(816)329-2522. SUPPLEMENTARY INFORMATION: History On Friday, September 7, 2007, the FAA published in the **Federal Register** (72 FR 51391) a Notice of Proposed Rulemaking to amend Title 14 Code of Federal Regulations (14 CFR) part 71 by establishing class E airspace at Prairie Du Sac, WI. 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 rule amends Title 14 Code of Federal Regulations (14 CFR) part 71 by establishing a Class E airspace area extending upward from 700 feet above the surface at Sauk-Prairie Airport, Prairie du Sac, WI. The establishment of Area Navigation

(RNAV)Global Positioning System

(GPS)Instrument Approach Procedures

(IAP)have made this action necessary. The intended effect of this action is to provide adequate controlled airspace for Instrument Flight Rules operations at Sauk-Prairie Airport, Prairie Du Sac, WI. The area will be depicted on appropriate aeronautical charts. Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in Paragraph 6005 of FAA Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. 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. therefore, this regulation—(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 will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charge with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority since it contains aircraft executing instrument approach procedures to Saul-Prairie Airport, Prairie Du Sac, WI. List 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, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; 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, signed August 15, 2007, and effective September 15, 2007, is amended as follows: *Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.* AGL WI E5 Prairie Du Sac, WI [New] Sauk-Prairie Airport, Prairie Du Sac, WI (Lat. 43°17′52″ N., long. 89°45′21″ W.) That airspace extending upward from 700 feet above the surface within a 7-mile radius of Sauk-Prairie Airport, Prairie Du Sac, WI. Issued in Fort Worth, TX on December 4, 2007. Rick Farrell, Acting Team Manager, System Support Group, ATO Central Service Center. [FR Doc. 07-6038 Filed 12-13-07; 8:45 am]

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