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Code · REGISTER · 2007-12-19 · Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 71871 E7-2 · Unknown

Unknown. Interim rule

17,116 words·~78 min read·/register/2007/12/19/07-6072

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-2007-12-19.xml --- 72 243 Wednesday, December 19, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 71871 E7-24548 Air Force Air Force Department NOTICES Meetings: Scientific Advisory Board, 71879 E7-24573 Animal Animal and Plant Health Inspection Service RULES User fees:
Veterinary diagnostic services, 71744-71750 E7-24602 NOTICES Reports and guidance documents; availability, etc.: Animal disease traceability; business plan, 71871-71873 E7-24656 National Animal Identification System— User guide and additional information resources, 71873-71874 E7-24653 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 71913-71914 E7-24641 E7-24643 National Center for Health Statistics— Scientific Counselors Board, 71915 E7-24642 Radiation and Worker Health Advisory Board, 71914-71915 E7-24644 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department NOTICES Grants and cooperative agreements; availability, etc.:
Medicaid— State Children's Health Insurance Program; additional allotments to eliminate funding shortfalls, 71915-71921 07-6092 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Copyright Copyright Royalty Board, Library of Congress RULES Copyright royalty funds: Preexisting subscription and satellite digital audio radio services; rates and terms adjustment, 71795-71798 E7-24625 Defense Defense Department See Air Force Department RULES Freedom of Information Act; implementation, 71793-71795 E7-24355 Personnel, military and civilian:
DoD dependents; early intervention and special education services, 71792-71793 E7-24353 PROPOSED RULES Freedom of Information Act; implementation, 71847-71868 E7-24359 Drug Drug Enforcement Administration NOTICES Registration revocations, restrictions, denials, reinstatements: Carino, Richard, M.D., 71955-71956 E7-24606 MB Wholesale, Inc., 71956-71959 E7-24610 Riggs, Patrick K., M.D., 71959-71960 E7-24608 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 71879-71880 E7-24628 Grants and cooperative agreements; availability, etc.:
Elementary and secondary education— Indian Education Formula Grants to Local Educational Agencies, 71880-71881 E7-24630 Employee Employee Benefits Security Administration PROPOSED RULES Employee Retirement Income Security Act: Civil penalties assessment procedures, 71842-71847 E7-24386 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: Computer Sciences Corp., 71960 E7-24544 Cuno, Inc., 71960 E7-24546 Flextronics Enclosures, 71960-71961 E7-24537 Hanesbrands, Inc., 71961 E7-24542 JRL Enterprises et al., 71961-71962 E7-24539 Liberty Fibers Corp., 71962 E7-24543 Sara Lee Branded Apparel, 71962-71963 E7-24541 Specialty Minerals Mississippi, Inc., et al., 71963-71965 E7-24540 Thermo Pressed Laminates, 71965 E7-24545 Vaisala, Inc., 71965 E7-24538 Wolverine Tube, 71965 E7-24536 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:
Bifenazate, etc., 71798-71802 E7-24345 NOTICES Pesticide programs: Risk assessments— Siduron, 71890-71892 E7-24607 Pesticide registration, cancellation, etc.: Aliphatic solvents, 71892-71893 E7-24603 Fosetyl-Al (Aliette), etc., 71893-71896 E7-24609 Sulfluramid, 71896-71898 E7-24605 Thiram, etc., 71898-71907 E7-24604 Pesticides; experimental use permits, etc.: Monsanto Co., 71907-71908 E7-24601 Executive Executive Office of the President See Science and Technology Policy Office FAA Federal Aviation Administration RULES Class D and Class E airspace, 71757-71758 E7-24402 Class E airspace, 71758-71769 E7-24401 E7-24404 E7-24407 E7-24409 E7-24410 07-6069 07-6070 07-6071 07-6072 PROPOSED RULES Airworthiness directives:
Airbus, 71828-71830, 71832-71834 E7-24519 E7-24523 Boeing, 71830-71832, 71834-71835 E7-24521 E7-24531 FCC Federal Communications Commission NOTICES *Applications, hearings, determinations, etc.:* KZLZ, LLC, et al., 71909 E7-24624 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 71883-71888 E7-24592 E7-24593 Hydroelectric applications, 71888-71889 E7-24553 Natural gas pipeline rate and refund report filings, 71889-71890 E7-24594 *Applications, hearings, determinations, etc.:* Energy Department, Bonneville Power Administration, 71881 E7-24552 Jefferson Island Storage & Hub, L.L.C., 71881-71882 E7-24550 Lochner, Jr., Philip R., 71882 E7-24551 Red River Environmental Products, LLC, 71882 E7-24666 Vector Pipeline L.P., 71883 E7-24554 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:
Jefferson County, MO, 71992-71993 E7-24572 Meetings: National Safe Routes to School Task Force, 71993 E7-24578 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 71909-71910 E7-24597 Ocean transportation intermediary licenses: Agape Shipping, Inc., et al., 71910 E7-24596 S.J. Stile Associates, Ltd, 71910 E7-24595 Federal Mine Federal Mine Safety and Health Review Commission RULES Freedom of Information Act; implementation, 71788-71791 E7-24599 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:
Driver qualifications; diabetes exemptions, 71996-71998 E7-24556 Driver qualifications; vision requirement exemptions, 71993-71996, 71998-71999 E7-24549 E7-24555 E7-24559 Federal Reserve Federal Reserve System RULES Extensions of credit by Federal Reserve Banks (Regulation A): Primary and secondary credit; rates decrease, 71756-71757 E7-24567 NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 71910 E7-24576 FTC Federal Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 71911-71912 E7-24671 Fair Credit Reporting Act:
Disclosure charges, 71912-71913 E7-24672 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Coastal California gnatcatcher, 72010-72213 07-6003 PROPOSED RULES Migratory bird hunting: Service Regulations Committee; meeting, 71869-71870 E7-24588 NOTICES Environmental statements; availability, etc.: South Bay Salt Pond Restoration Project, San Francisco, CA, 71937-71939 E7-24640 Reports and guidance documents; availability, etc.:
National Wildlife Refuge System— Mosquito and mosquito-borne disease management policy, 71939 E7-24675 Food Food and Drug Administration RULES Human drugs: Vaginal contraceptive and spermicide products
(OTC)containing nonoxynol 9; label requirements, 71769-71785 07-6111 NOTICES Medical devices: Premarket approval applications, list; safety and effectiveness summaries availability, 71922 E7-24620 Meetings: Cellular, Tissue, and Gene Therapies Advisory Committee, 71922-71923 E7-24629 Psychopharmacologic Drugs Advisory Committee, 71923-71924 E7-24627 Reports and guidance documents; availability, etc.: FDA Modernization Act of 1997— Recognized Standards List modifications (Recognition List Number 019), 71924-71930 E7-24580 Foreign Foreign Assets Control Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 72001-72002 E7-24547 E7-24557 Sanctions; blocked persons, specially-designated nationals, terrorists, narcotics traffickers, and foreign terrorist organizations: Foreign Narcotics Kingpin Designation Act; additional designations, 72002-72006 E7-24561 Forest Forest Service NOTICES Environmental statements; notice of intent: Clearwater National Forest, ID, 71874-71876 07-6074 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department NOTICES Committees; establishment, renewal, termination, etc.: Critical Infrastructure Partnership Advisory Council, 71936-71937 E7-24632 Indian Indian Affairs Bureau PROPOSED RULES Law and order: Courts of Indian Offenses; amendments, 71835-71841 E7-24043 NOTICES Tribal-State Compacts approval; Class III (casino) gambling: Agua Caliente Band of Cahuilla Indians, CA, 71939 E7-24563 Morongo Band of Mission Indians, CA, 71939 E7-24566 Pechanga Band of Luiseno Indians, CA, 71939-71940 E7-24565 Sycuan Band of Kumeyaay Nation, CA, 71940 E7-24564 Inspector Inspector General Office, Health and Human Services Department PROPOSED RULES Medicare and State health care programs; fraud and abuse: New safe harbors and special fraud alerts; solicitations, 71868-71869 E7-24579 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Income taxes: Foreign tax credit; foreign tax redeterminations notification Correction, 71787-71788 E7-24669 E7-24674 PROPOSED RULES Income taxes: Benefit restrictions; underfunded pension plans Hearing, 71842 E7-24670 Foreign tax credit; foreign tax redeterminations notification; cross-reference Correction, 71842 E7-24673 NOTICES Agency information collection activities; proposals, submissions, and approvals, 72006-72007 E7-24654 E7-24655 International International Trade Administration NOTICES Antidumping: Stainless steel butt-weld pipe fittings from— Taiwan, 71876-71877 E7-24621 Countervailing duties: Stainless steel sheet and strip in coils from— Korea, 71877-71879 E7-24626 International International Trade Commission NOTICES Import investigations: GPS chips, associated software and systems, and products containing same, 71954 E7-24585 Low enriched uranium from— France, 71954 E7-24587 Probe card assemblies, components, and tested DRAM and NAND flash memory devices and products containing same, 71954-71955 E7-24586 Justice Justice Department See Drug Enforcement Administration Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Front Range, 71940 E7-24570 Public land orders: Alaska, 71940-71941 E7-24560 New Mexico, 71941 E7-24558 Realty actions; sales, leases, etc.: Nevada, 71941-71943 E7-24524 New Mexico, 71943-71944 E7-24577 Resource management plans, etc.: Little Snake Resource Area, CO, 71944 E7-24532 Withdrawal and reservation of lands: Nevada, 71944-71945 E7-24522 Library Library of Congress See Copyright Royalty Board, Library of Congress Millennium Millennium Challenge Corporation NOTICES Federal antidiscrimination, whistleblower protection, and retaliation laws; No FEAR Act notice, 71965-71966 E7-24631 Reports and guidance documents; availability, etc.: Quarterly report, 71966-71972 E7-24634 Mine Mine Safety and Health Administration RULES Coal mine safety and health: Underground mines— Abandoned mines; sealing, 71791-71792 07-6128 Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities; proposals, submissions, and approvals, 71972-71973 E7-24598 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 71930-71932 E7-24529 E7-24530 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands groundfish, 71802-71827 07-6100 National Park National Park Service NOTICES Native American human remains, funerary objects; inventory, repatriation, etc.: Alutiiq Museum and Archaeological Repository, Kodiak, AK, 71945-71946 E7-24647 Amerind Foundation Museum, Dragoon, AZ, 71946 E7-24645 Denver Museum of Nature and Science, Denver, CO, 71946-71947 E7-24611 Field Museum of Natural History, Chicago, IL, 71947-71948 E7-24614 Hastings Museum of Natural and Cultural History, Hastings, NE, 71948-71951 E7-24613 E7-24622 Horner Collection, Oregon State University, Corvallis, OR, 71951-71952 E7-24618 University Museum, University of Arkansas, Fayetteville, AR, 71952-71954 E7-24619 National Science National Science Foundation NOTICES Meetings: Sunshine Act, 71973 E7-24616 Nuclear Nuclear Regulatory Commission RULES Production and utilization facilities; domestic licensing: American Society of Mechanical Engineers Boiler and Pressure Vessel Code Cases; incorporation by reference, 71750-71756 E7-24478 NOTICES Environmental statements; availability, etc.: Carolina Power & Light Co., 71973-71974 E7-24648 CuraGen Corp., 71974-71976 E7-24600 Merck & Co., Inc., 71976-71977 E7-24657 Personnel Personnel Management Office RULES Federal Employees Retirement System: Death benefits and employee refunds program— Spouses of deceased separated employees; present value conversion factors, 71743-71744 E7-24527 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Meetings: Pipeline Safety Standards Advisory Committee, 71999-72000 07-6099 Postal Postal Service RULES Postal products; general information: Market-dominant products; modern service standards, 72216-72231 E7-24365 Science Science and Technology Policy Office NOTICES Meetings: President's Council of Advisors on Science and Technology, 71908-71909 E7-24568 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 71977-71978 E7-24533 International Securities Exchange, LLC, 71979-71989 E7-24500 E7-24535 E7-24583 New York Stock Exchange, LLC, 71990-71991 E7-24534 State State Department RULES International Traffic in Arms Regulations: Dual and third country nationals; defense articles and services access, 71785-71786 E7-24651 NOTICES Arms Export Control Act: Rotair Industries, Inc.; Section 38 violation; statutory debarment, 71991 E7-24637 Foreign terrorists and terrorist organizations; designations: Islamic Revolutionary Guard Corp. et al., 71991-71992 07-6138 Meetings: International Telecommunication Advisory Committee, 71992 E7-24633 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 71932-71936 E7-24569 E7-24574 Surface Surface Transportation Board NOTICES Rail carriers: Waybill data; release for use, 72000 E7-24589 Railroad operation, acquisition, construction, etc.: Mount Hood Railroad, 72000-72001 E7-24451 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 72007-72008 E7-24582 E7-24584 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 72010-72213 07-6003 Part III Postal Service, 72216-72231 E7-24365 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. 72 243 Wednesday, December 19, 2007 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 843 RIN 3206-AL31 Federal Employees' Retirement System; Present Value Conversion Factors for Spouses of Deceased Separated Employees AGENCY: Office of Personnel Management. ACTION: Interim rule. SUMMARY: The Office of Personnel Management
(OPM)is issuing an interim rule to revise the table of reduction factors for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities under the Federal Employees' Retirement System
(FERS)Act of 1986. These rules are necessary to conform the tables to the economic assumptions adopted by the Board of Actuaries and published previously in the **Federal Register** . DATES: This interim rule is effective December 19, 2007. We must receive your comments by January 18, 2008. ADDRESSES: You may submit comments, identified by RIN number 3206-AL31, by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-mail: combox@opm.gov.* Include RIN number 3206-AL31 in the subject line of the message. • *Fax:*
(202)606-0990 • *Mail:* John Panagakos, Manager, Retirement Group, Office of Personnel Management, 1900 E Street NW., RM 4351, Washington, DC 20415. FOR FURTHER INFORMATION CONTACT: Jessica Johnson,
(202)606-0299. SUPPLEMENTARY INFORMATION: OPM has published a notice in the **Federal Register** at 72 FR 31631 (June 7, 2007) to revise the normal cost percentage under the Federal Employees' Retirement System
(FERS)Act of 1986, Public Law 99-335, 100 Stat. 514, based on changed economic assumptions and demographic factors adopted by the Board of Actuaries of the Civil Service Retirement System. Those changed economic assumptions require corresponding changes in factors used to produce actuarially equivalent benefits when required by the FERS Act. Section 843.311 of title 5, Code of Federal Regulations, regulates the benefits for the survivors of separated employees under 5 U.S.C. 8442(c). This section provides a choice of benefits for eligible current and former spouses. If the current or former spouse is the person entitled to the unexpended balance under the order of precedence under 5 U.S.C. 8424, he or she may elect to receive the unexpended balance instead of an annuity. Alternatively, an eligible current or former spouse may elect to receive an annuity commencing on the day after the employee's death or on the deceased separated employee's 62nd birthday. If the annuity commences on the deceased separated employee's 62nd birthday, it equals 50 percent of the annuity that the separated employee would have received when he or she attained age 62. If the current or former spouse elects the earlier commencing date, the annuity is reduced using the factors in Appendix A to subpart C of part 843 to make the annuity actuarially equivalent to the present value of the annuity that he or she would have received if it commenced on the retiree's 62nd birthday. These rules amend that appendix to conform to the revised economic assumptions. Waiver of General Notice of Proposed Rulemaking Under section 553(b)(3)(B) and (d)(3) of title 5, United States Code, I find that good reason exists for waiving the general notice of proposed rulemaking and for making these amendments effective in less than 30 days. The amendments made by this rule are required by changes in economic assumptions that were published on June 7, 2007. Providing a comment period on the result of mathematical computations resulting from the changed economic assumptions is unnecessary and, to the extent that it would delay benefit payments, is contrary to the public interest. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order (E.O.) 12866, as amended by E.O. 13258 and E.O. 13422. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because the regulation will only affect retirement payments to surviving current and former spouses of former employees and Members who separated from Federal service with title to a deferred annuity. List of Subjects in 5 CFR Part 843 Air traffic controllers, Disability benefits, Firefighters, Government employees, Law enforcement officers, Pensions, Retirement. United States Office of Personnel Management. Linda M. Springer, Director. For the reasons stated in the preamble, the Office of Personnel Management amends 5 CFR part 843 as follows: PART 843—FEDERAL EMPLOYEES RETIREMENT SYSTEM—DEATH BENEFITS AND EMPLOYEE REFUNDS 1. The authority citation for part 843 continues to read as follows: Authority: 5 U.S.C. 8461; §§ 843.205, 843.208, and § 843.209 also issued under 5 U.S.C. 8424; § 843.309 also issued under 5 U.S.C. 8442; § 843.406 also issued under 5 U.S.C. 8441. Subpart C—Current and Former Spouse Benefits 2. Revise Appendix A to subpart C of part 843 to read as follows: Appendix A to Subpart C of Part 843.—Present Value Conversion Factors for Earlier Commencing Date of Annuities of Current and Former Spouses of Deceased Separated Employees Age of separated employee at birthday before death Multiplier With at least 10, but less than 20 years of creditable service— 26 0.0592 27 .0633 28 .0688 29 .0730 30 .0804 31 .0859 32 .0921 33 .0991 34 .1064 35 .1158 36 .1234 37 .1333 38 .1422 39 .1551 40 .1668 41 .1799 42 .1938 43 .2097 44 .2260 45 .2437 46 .2635 47 .2858 48 .3085 49 .3346 50 .3618 51 .3926 52 .4255 53 .4623 54 .5025 55 .5463 56 .5944 57 .6461 58 .7040 59 .7675 60 .8374 61 .9146 With at least 20, but less than 30 years of creditable service— 36 0.1483 37 .1598 38 .1709 39 .1858 40 .2000 41 21.59 42 .2325 43 .2514 44 .2708 45 .2922 46 .3160 47 .3424 48 .3697 49 .4007 50 .4335 51 .4701 52 .5093 53 .5532 54 .6010 55 .6532 56 .7104 57 .7722 58 .8411 59 .9167 Age of separated employee at birthday before death Multiplier by separated employee's year of birth After 1966 From 1950 through 1966 Before 1950 With at least 30 years of creditable service— 46 0.4109 0.4476 0.4870 47 .4449 .4843 .5268 48 .4805 .5232 .5691 49 .5204 .5666 .6161 50 .5630 .6130 .6666 51 .6102 .6642 .7222 52 .6610 .7195 .7823 53 .7175 .7807 .8487 54 .7790 .8474 .9210 55 .8461 .9203 1.0000 56 .9195 1.0000 1.0000 [FR Doc. E7-24527 Filed 12-18-07; 8:45 am] BILLING CODE 6325-38-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 130 [Docket No. APHIS-2006-0161] RIN 0579-AC52 Veterinary Diagnostic Services User Fees AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the regulations to increase the user fees for the veterinary diagnostic services to reflect changes in our operating costs and expenses. We are also setting rates for multiple fiscal years. These actions are necessary to ensure that we recover the actual costs of providing these services. We are also providing for a reasonable balance, or reserve, in the veterinary diagnostics user fee account. The Food, Agriculture, and Conservation Act of 1990, as amended, authorizes us to set and collect these user fees. DATES: *Effective Date:* January 18, 2008. FOR FURTHER INFORMATION CONTACT: For information concerning Veterinary Services
(VS)Management Support, contact Ms. Inez Hockaday, Director, Management Support Staff, VS, APHIS, 4700 River Road Unit 44, Riverdale, MD 20737-1231;
(301)734-7517. For information concerning VS Program Operations at the National Veterinary Services Laboratory, contact Dr. Elizabeth Lautner, Director, National Veterinary Services Laboratories, 1800 Dayton Road, P.O. Box 844, Ames, IA 50010;
(515)633-7357. For information concerning user fee rate development, contact Mrs. Kris Caraher, User Fees Section Head, Financial Management Division, MRPBS, APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1232;
(301)734-5901. SUPPLEMENTARY INFORMATION: Background User fees to reimburse the Animal and Plant Health Inspection Service (APHIS) for the costs of providing veterinary diagnostic services and import and export related services for live animals and birds and animal products are contained in 9 CFR part 130 (referred to below as the regulations). These user fees are authorized by section 2509(c) of the Food, Agriculture, Conservation, and Trade Act of 1990, as amended (21 U.S.C. 136a), which provides that the Secretary of Agriculture may, among other things, prescribe regulations and collect fees to recover the costs of veterinary diagnostics relating to the control and eradication of communicable diseases of livestock or poultry within the United States. On July 23, 2007, we published in the **Federal Register** (72 FR 40082-40090, Docket No. APHIS-2006-0161) a proposal 1 to amend the regulations by increasing the user fees for veterinary diagnostic services to reflect changes in our operating costs and changes in calculating our costs, and to establish rates for multiple fiscal years. 1 To view the proposed rule and the comment we received, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0161.* We solicited comments concerning our proposal for 60 days ending September 22, 2007. We received one comment by that date, from a private citizen. The commenter supported the proposed rule. Therefore, for the reasons given in the proposed rule, we are adopting the proposed rule as a final rule. In this final rule, we have made a minor change to the fiscal year 2011 user fees for complement fixation and enzyme-linked immunosorbent assay in § 130.16(a). In the proposed rule, we mistakenly stated that those two fees would be $17 for that year. The correct fee for both tests is $18. 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. Below is a summary of the economic analysis for the changes in APHIS user fees in this final rule. The economic analysis provides a cost-benefit analysis and an analysis of the potential economic effects on small entities as required by the Regulatory Flexibility Act. A copy of the full economic analysis, which includes comparisons of the change in each user fee, may be viewed on the Regulations.gov Web site (see footnote 1 for instructions for accessing Regulations.gov) and may be obtained from the person listed under FOR FURTHER INFORMATION CONTACT . APHIS is updating the user fees covering the costs of providing veterinary diagnostics services to take into account the routine increases in the cost of doing business. The costs to operate the Veterinary Services Veterinary Diagnostics Program at National Veterinary Services Laboratory increase slightly from year to year due to increases in employee costs (cost of living increases, etc.) and other operational costs. These fees are necessary to provide for full-cost recovery of Agency activities. Calculating the potential impacts of these changes to the veterinary diagnostics user fees is hindered by the difficulty in determining the elasticities of demand for the covered services. Therefore, Government savings are assumed equivalent to the total user fee collections for each category associated with the rule. Veterinary diagnostic services and products are provided to animal importers and exporters, veterinarians, State and Federal agencies and laboratories, commercial laboratories, educational institutions, and foreign governments. There is reason to believe that the impact on most users of the changes in this rule would be small. About 76 percent of the fees change in total by $10 or less. The majority should also make only small contributions to the total additional collections and therefore have a minor impact on the users of those materials and services. This is either because the change is small or the projected volume associated with the user fee is small, or both. In addition, user fees are not charged when tests are provided in the context of disease control or eradication programs. Also, in addition to the role they play in protecting American agriculture, veterinary diagnostic services and products facilitate international trade and thereby enhance the business interests of many of those requesting these services. Nearly 80 percent of the total projected change in collections would come from changes in only 13 of the 146 fees. Only these 13 fee changes are projected to generate $10,000 or more in additional annual collections by the end of the period covered in this rule. Several factors suggest, however, that these fees should also not have a significant impact on users. These fees include small fees applied to a large annual volume of users, large fees but very small volume of users, fees that represent a small percentage of the overall costs associated with a user's output, single fees for reagents with numerous final users, and fees that enhance the marketability of the user's final output. To the extent that the changes in user fees would impact operational costs, any entity that utilizes APHIS veterinary diagnostic services and materials could be impacted by the changes. The degree to which an entity could be affected depends on its market power, that is, the extent to which costs are either absorbed or can be passed on to its buyers. Without information on either profit margins or operational expenses of the affected entities, or the effects of changes in operating costs on the affected industry, the scale of the impacts cannot be precisely predicted. However, some conclusions on the overall impacts to domestic and international commerce can be drawn. If the user fees cannot be passed on, the profit margins of some entities may decline as user fees for veterinary diagnostic services and materials are increased. However, the impacts are expected to be muted. The majority of the changes to the user fees are either small, associated with few users, or both. Over the period covered by the rule, more than 51 percent of the individual increases are $5 or less, more than 76 percent increase by less than $10, and more than 83 percent are associated with fewer than 500 users. The majority should also make only small contributions to the total additional collections and therefore have a minor impact on the users of those services. This is either because the change is small or the projected volume associated with the user fee is small, or both. Even in those instances in which the change in a user fee generates a larger total increase in collections, the impact should not be significant. This is because they are small fees applied to a large annual volume of users, large fees but applied to a very small volume of users, fees that represent a small percentage of the overall costs associated with a user's output, single fees for reagents with numerous final users, or fees that enhance the marketability of the user's final outputs. Therefore, the increases are not generally expected to substantially reduce profits or impede trade. Indeed, the full burden of the user fee changes is not likely to be borne entirely by the purchasers of veterinary diagnostic services and materials. 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 9 CFR Part 130 Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry and poultry products, Quarantine, Reporting and recordkeeping requirements, Tests. Accordingly, we are amending 9 CFR part 130 as follows: PART 130—USER FEES 1. 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. 2. In § 130.15, paragraphs
(a)and (b), the tables are revised to read as follows: § 130.15 User fees for veterinary diagnostic isolation and identification tests performed at NVSL (excluding FADDL) or other authorized site.
(a)* * * Test Unit User fee Jan. 18, 2008-Sept. 30, 2008 Oct. 1, 2008-Sept. 30, 2009 Oct. 1, 2009-Sept. 30, 2010 Oct. 1, 2010-Sept. 30, 2011 Beginning Oct. 1, 2011 Bacterial identification, automated Isolate $53.00 $54.00 $55.00 $57.00 $58.00 Bacterial identification, non-automated Isolate 90.00 92.00 94.00 96.00 98.00 Bacterial isolation Sample 36.00 37.00 38.00 39.00 40.00 Bacterial serotyping, all other Isolate 55.00 56.00 56.00 57.00 58.00 Bacterial serotyping, Pasteurella multocida Isolate 18.00 19.00 19.00 19.00 20.00 Bacterial serotyping, Salmonella Isolate 36.00 37.00 38.00 39.00 40.00 Bacterial toxin typing Isolate 120.00 123.00 126.00 128.00 131.00 Bacteriology requiring special characterization Test 92.00 94.00 96.00 98.00 101.00 DNA fingerprinting Test 59.00 61.00 62.00 63.00 64.00 DNA probe Test 83.00 85.00 86.00 88.00 89.00 Fluorescent antibody Test 19.00 19.00 20.00 20.00 20.00 Mycobacterium identification (biochemical) Isolate 115.00 117.00 120.00 122.00 125.00 Mycobacterium identification (gas chromatography) Procedure 96.00 99.00 101.00 103.00 105.00 Mycobacterium isolation, animal inoculations Submission 844.00 852.00 868.00 884.00 900.00 Mycobacterium isolation, all other Submission 151.00 154.00 158.00 161.00 165.00 Mycobacterium paratuberculosis isolation Submission 72.00 74.00 75.00 77.00 79.00 Phage typing, all other Isolate 42.00 43.00 44.00 45.00 46.00 Phage typing, Salmonella enteritidis Isolate 24.00 24.00 25.00 25.00 26.00
(b)* * * Test Unit User fee Jan. 18, 2008-Sept. 30, 2008 Oct. 1, 2008-Sept. 30, 2009 Oct. 1, 2009-Sept. 30, 2010 Oct. 1, 2010-Sept. 30, 2011 Beginning Oct. 1, 2011 Fluorescent antibody tissue section Test $29.00 $30.00 $30.00 $31.00 $31.00 Virus isolation Test 48.00 49.00 50.00 51.00 52.00 3. In § 130.16, paragraphs
(a)and (b), the tables are revised to read as follows: § 130.16 User fees for veterinary diagnostic serology tests performed at NVSL (excluding FADDL) or at authorized sites.
(a)* * * Test Unit User fee Jan. 18, 2008-Sept. 30, 2008 Oct. 1, 2008-Sept. 30, 2009 Oct. 1, 2009-Sept. 30, 2010 Oct. 1, 2010-Sept. 30, 2011 Beginning Oct. 1, 2011 Brucella ring
(BRT)Test $36.00 $37.00 $38.00 $39.00 $40.00 Brucella ring, heat inactivated
(HIRT)Test 36.00 37.00 38.00 39.00 40.00 Brucella ring, serial (Serial BRT) Test 54.00 56.00 57.00 58.00 59.00 Buffered acidified plate antigen presumptive Test 7.00 7.25 7.50 7.50 8.00 Card Test 4.00 4.00 4.25 4.25 4.50 Complement fixation Test 16.00 17.00 17.00 18.00 18.00 Enzyme linked immunosorbent assay Test 16.00 17.00 17.00 18.00 18.00 Indirect fluorescent antibody Test 14.00 15.00 15.00 15.00 16.00 Microscopic agglutination—includes up to 5 serovars Sample 24.00 24.00 25.00 25.00 26.00 Microscopic agglutination—each serovar in excess of 5 serovars Sample 4.25 4.50 4.50 4.50 4.75 Particle concentration fluorescent immunoassay (PCFIA) Test 36.00 37.00 38.00 38.00 39.00 Plate Test 7.00 7.25 7.50 7.50 7.75 Rapid automated presumptive Test 7.00 7.00 7.25 7.25 7.25 Rivanol Test 7.00 7.25 7.50 7.50 7.75 Tube agglutination Test 7.00 7.25 7.50 7.50 7.75
(b)* * * Test Unit User fee Jan. 18, 2008-Sept. 30, 2008 Oct. 1, 2008-Sept. 30, 2009 Oct. 1, 2009-Sept. 30, 2010 Oct. 1, 2010-Sept. 30, 2011 Beginning Oct. 1, 2011 Agar gel immunodiffusion Test $16.00 $17.00 $17.00 $17.00 $18.00 Complement fixation Test 16.00 17.00 17.00 18.00 18.00 Enzyme linked immunosorbent assay Test 16.00 17.00 17.00 18.00 18.00 Hemagglutination inhibition Test 14.00 15.00 15.00 15.00 16.00 Indirect fluorescent antibody Test 14.00 15.00 15.00 15.00 16.00 Latex agglutination Test 16.00 17.00 17.00 17.00 18.00 Peroxidase linked antibody Test 15.00 16.00 16.00 16.00 17.00 Plaque reduction neutralization Test 18.00 18.00 19.00 19.00 19.00 Rabies fluorescent antibody neutralization Test 45.00 46.00 47.00 49.00 50.00 Virus neutralization Test 13.00 13.00 14.00 14.00 14.00 4. In § 130.17, paragraph (a), the table is revised to read as follows: § 130.17 User fees for other veterinary diagnostic laboratory tests performed at NVSL (excluding FADDL) or at authorized sites.
(a)* * * Test Unit User fee Jan. 18, 2008-Sept. 30, 2008 Oct. 1, 2008-Sept. 30, 2009 Oct. 1, 2009-Sept. 30, 2010 Oct. 1, 2010-Sept. 30, 2011 Beginning Oct. 1, 2011 Aflatoxin quantitation Test $30.00 $31.00 $32.00 $32.00 $33.00 Aflatoxin screen Test 29.00 29.00 30.00 30.00 31.00 Agar gel immunodiffusion spp. identification Test 13.00 13.00 13.00 14.00 14.00 Antibiotic (bioautography) quantitation Test 66.00 67.00 68.00 70.00 72.00 Antibiotic (bioautography) screen Test 119.00 122.00 125.00 128.00 130.00 Antibiotic inhibition Test 66.00 67.00 68.00 70.00 72.00 Arsenic Test 17.00 18.00 18.00 19.00 19.00 Ergot alkaloid screen Test 66.00 67.00 68.00 70.00 72.00 Ergot alkaloid confirmation Test 86.00 88.00 89.00 91.00 94.00 Feed microscopy Test 66.00 67.00 68.00 70.00 72.00 Fumonisin only Test 37.00 38.00 39.00 40.00 40.00 Gossypol Test 98.00 100.00 103.00 105.00 107.00 Mercury Test 145.00 148.00 151.00 155.00 158.00 Metals screen Test 44.00 45.00 46.00 47.00 48.00 Metals single element confirmation Test 13.00 13.00 13.00 14.00 14.00 Mycotoxin: aflatoxin-liver Test 119.00 122.00 125.00 128.00 130.00 Mycotoxin screen Test 48.00 49.00 50.00 51.00 52.00 Nitrate/nitrite Test 66.00 67.00 68.00 70.00 72.00 Organic compound confirmation Test 88.00 90.00 92.00 94.00 96.00 Organic compound screen Test 151.00 155.00 158.00 161.00 165.00 Parasitology Test 29.00 29.00 30.00 30.00 31.00 Pesticide quantitation Test 132.00 135.00 138.00 141.00 144.00 Pesticide screen Test 60.00 62.00 63.00 64.00 66.00 pH Test 26.00 27.00 28.00 28.00 29.00 Plate cylinder Test 98.00 100.00 103.00 105.00 107.00 Selenium Test 44.00 45.00 46.00 47.00 48.00 Silicate/carbonate disinfectant Test 66.00 67.00 68.00 70.00 72.00 Temperature disks Test 130.00 133.00 136.00 139.00 142.00 Toxicant quantitation, other Test 110.00 112.00 115.00 117.00 120.00 Toxicant screen, other Test 33.00 33.00 34.00 35.00 36.00 Vomitoxin only Test 53.00 54.00 55.00 56.00 58.00 Water activity Test 33.00 33.00 34.00 35.00 36.00 Zearaleone quantitation Test 53.00 54.00 55.00 56.00 58.00 Zearaleone screen Test 29.00 29.00 30.00 30.00 31.00 5. In § 130.18, paragraphs
(a)and (b), the tables are revised to read as follows: § 130.18 User fees for veterinary diagnostic reagents produced at NVSL or other authorized site (excluding FADDL).
(a)* * * Reagent Unit User fee Jan. 18, 2008-Sept. 30, 2008 Oct. 1, 2008-Sept. 30, 2009 Oct. 1, 2009-Sept. 30, 2010 Oct. 1, 2010-Sept. 30, 2011 Beginning Oct. 1, 2011 Anaplasma card test antigen 2 mL $95.00 $97.00 $99.00 $101.00 $103.00 Anaplasma card test kit without antigen Kit 127.00 130.00 133.00 136.00 139.00 Anaplasma CF antigen 2 mL 46.00 46.00 46.00 47.00 47.00 Anaplasma stabilate 4.5 mL 175.00 178.00 181.00 185.00 188.00 Avian origin bacterial antiserums 1 mL 48.00 49.00 50.00 51.00 52.00 Bacterial agglutinating antigens other than brucella and salmonella pullorum 5 mL 54.00 55.00 57.00 58.00 59.00 Bacterial conjugates 1 mL 96.00 99.00 101.00 103.00 105.00 Bacterial disease CF antigens, all other 1 mL 29.00 30.00 30.00 31.00 32.00 Bacterial ELISA antigens 1 mL 29.00 30.00 31.00 31.00 32.00 Bacterial or protozoal antiserums, all other 1 mL 60.00 61.00 63.00 64.00 66.00 Bacterial reagent culture 1 Culture 73.00 74.00 76.00 78.00 79.00 Bacterial reference culture 2 Culture 228.00 233.00 239.00 244.00 249.00 Bacteriophage reference culture Culture 172.00 176.00 180.00 183.00 188.00 Bovine serum factor 1 mL 18.00 18.00 19.00 19.00 19.00 Brucella abortus CF antigen 60 mL 151.00 154.00 158.00 161.00 165.00 Brucella agglutination antigens, all other 60 mL 151.00 154.00 158.00 161.00 165.00 Brucella buffered plate antigen 60 mL 172.00 176.00 180.00 183.00 188.00 Brucella canis tube antigen 25 mL 114.00 116.00 119.00 121.00 124.00 Brucella card test antigen (packaged) Package 90.00 92.00 94.00 96.00 98.00 Brucella card test kit without antigen Kit 113.00 114.00 116.00 117.00 119.00 Brucella cells Gram 19.00 19.00 19.00 20.00 20.00 Brucella cells, dried Pellet 6.00 6.00 6.25 6.25 6.25 Brucella ring test antigen 60 mL 241.00 246.00 252.00 257.00 263.00 Brucella rivanol solution 60 mL 29.00 30.00 31.00 31.00 32.00 Dourine CF antigen 1 mL 89.00 91.00 93.00 95.00 97.00 Dourine stabilate 4.5 mL 109.00 111.00 112.00 114.00 116.00 Equine and bovine origin babesia species antiserums 1 mL 127.00 130.00 133.00 136.00 139.00 Equine negative control CF antigen 1 mL 282.00 283.00 286.00 290.00 293.00 Flazo-orange 3 mL 13.00 13.00 13.00 13.00 14.00 Glanders CF antigen 1 mL 77.00 79.00 81.00 82.00 84.00 Hemoparasitic disease CF antigens, all other 1 mL 541.00 553.00 565.00 577.00 590.00 Leptospira transport medium 10 mL 4.25 4.50 4.50 4.50 4.75 Monoclonal antibody 1 mL 95.00 97.00 99.00 101.00 103.00 Mycobacterium spp. old tuberculin 1 mL 24.00 24.00 25.00 25.00 26.00 Mycobacterium spp. PPD 1 mL 18.00 19.00 19.00 19.00 20.00 Mycoplasma hemagglutination antigens 5 mL 180.00 184.00 188.00 192.00 197.00 Negative control serums 1 mL 18.00 19.00 19.00 19.00 20.00 Rabbit origin bacterial antiserum 1 mL 52.00 53.00 54.00 55.00 56.00 Salmonella pullorum microagglutination antigen 5 mL 15.00 16.00 16.00 16.00 17.00 Stabilates, all other 4.5 mL 684.00 690.00 703.00 716.00 730.00 1 A reagent culture is a bacterial culture that has been subcultured one or more times after being tested for purity and identity. It is intended for use as a reagent with a diagnostic test such as the leptospiral agglutination test. 2 A reference culture is a bacterial culture that has been thoroughly tested for purity and identity. It should be suitable as a master seed for future cultures.
(b)* * * Reagent Unit User fee Jan. 18, 2008-Sept. 30, 2008 Oct. 1, 2008-Sept. 30, 2009 Oct. 1, 2009-Sept. 30, 2010 Oct. 1, 2010-Sept. 30, 2011 Beginning Oct. 1, 2011 Antigen, except avian influenza and chlamydia psittaci antigens, any 2 mL $61.00 $62.00 $64.00 $65.00 $67.00 Avian antiserum except avian influenza antiserum, any 2 mL 48.00 49.00 51.00 52.00 53.00 Avian influenza antigen, any 2 mL 33.00 34.00 35.00 36.00 36.00 Avian influenza antiserum, any 6 mL 103.00 105.00 108.00 110.00 113.00 Bovine or ovine serum, any 2 mL 127.00 130.00 133.00 136.00 139.00 Cell culture Flask 151.00 154.00 158.00 161.00 165.00 Chlamydia psittaci spp. of origin monoclonal antibody panel Panel 95.00 96.00 98.00 99.00 101.00 Conjugate, any 1 mL 73.00 75.00 76.00 78.00 80.00 Diluted positive control serum, any 2 mL 24.00 25.00 25.00 26.00 27.00 Equine antiserum, any 2 mL 45.00 46.00 47.00 48.00 49.00 Monoclonal antibody 1 mL 102.00 104.00 106.00 108.00 110.00 Other spp. antiserum, any 1 mL 52.00 52.00 52.00 53.00 53.00 Porcine antiserum, any 2 mL 105.00 108.00 110.00 113.00 115.00 Porcine tissue sets Tissue set 157.00 157.00 158.00 159.00 161.00 Positive control tissues, all 2 cm 2 section 60.00 62.00 63.00 65.00 66.00 Rabbit origin antiserum 1 mL 52.00 53.00 54.00 55.00 56.00 Reference virus, any 0.6 mL 180.00 184.00 188.00 193.00 197.00 Viruses (except reference viruses), chlamydia psittaci agent or chlamydia psittaci antigen, any 0.6 mL 30.00 31.00 32.00 32.00 33.00 6. In § 130.19, paragraph (a), the table is revised to read as follows: § 130.19 User fees for other veterinary diagnostic services or materials provided at NVSL (excluding FADDL).
(a)* * * Service Unit User fee Jan. 18, 2008-Sept. 30, 2008 Oct. 1, 2008-Sept. 30, 2009 Oct. 1, 2009-Sept. 30, 2010 Oct. 1, 2010-Sept. 30, 2011 Beginning Oct. 1, 2011 Antimicrobial susceptibility test Isolate $105.00 $107.00 $109.00 $112.00 $114.00 Avian safety test Test 4,082.00 4,090.00 4,099.00 4,109.00 4,180.00 Check tests, culture Kit 1 176.00 179.00 182.00 185.00 189.00 Check tests, serology Kit 1 361.00 369.00 377.00 385.00 394.00 Fetal bovine serum safety test Verification 1,119.00 1,122.00 1,134.00 1,147.00 1,160.00 Hourly user fees: 2 Hour Hour 104.00 104.00 108.00 112.00 112.00 Quarter hour Quarter Hour 26.00 26.00 27.00 28.00 28.00 Minimum 30.00 31.00 32.00 33.00 33.00 Manual, brucellosis culture 1 copy 115.00 117.00 120.00 122.00 125.00 Manual, tuberculosis Culture (English or Spanish) 1 copy 172.00 176.00 180.00 183.00 188.00 Manual, Veterinary mycology 1 copy 172.00 176.00 180.00 183.00 188.00 Manuals or standard operating procedure (SOP), all other 1 copy 34.00 35.00 36.00 37.00 37.00 Manuals or SOP, per page 1 page 2.25 2.50 2.50 2.75 2.75 Training (school or technical assistance) Per person per day 332.00 339.00 346.00 354.00 362.00 1 Any reagents required for the check test will be charged separately. 2 For veterinary diagnostic services for which there is no flat user fee the Hourly rate user fee will be calculated for the actual time required to provide the service. Done in Washington, DC, this 13th day of December 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-24602 Filed 12-18-07; 8:45 am] BILLING CODE 3410-34-P NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 RIN 3150-AH80 Incorporation by Reference of American Society of Mechanical Engineers Boiler and Pressure Vessel Code Cases AGENCY: Nuclear Regulatory Commission. ACTION: Final rule. SUMMARY: The Nuclear Regulatory Commission
(NRC)is amending its regulations to incorporate by reference the latest revisions of two previously incorporated regulatory guides
(RGs)that approve Code Cases published by the American Society of Mechanical Engineers (ASME). These RGs are 1.84, “Design, Fabrication, and Materials Code Case Acceptability, ASME Section III,” Revision 34, and RG 1.147, “Inservice Inspection Code Case Acceptability, ASME Section XI, Division 1,” Revision 15. This action allows licensees to use the Code Cases listed in the RGs as alternatives to requirements in the ASME Boiler and Pressure Vessel Code regarding the construction and inservice inspection of nuclear power plant components. Concurrent with this action, the NRC is publishing a notice of the issuance and availability of the final RGs. As a result of these related actions, the Code Cases listed in these RGs are incorporated by reference into the NRC's regulations. DATES: *Effective Date:* January 18, 2008. The incorporation by reference of certain publications listed in the regulation is approved by the Director of the Office of the Federal Register as of January 18, 2008. FOR FURTHER INFORMATION CONTACT: L. Mark Padovan, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-1423, e-mail *lmp@nrc.gov.* SUPPLEMENTARY INFORMATION: Availability of Documents The NRC is making the documents identified below available to interested persons through one or more of the following: Public Document Room (PDR). The NRC Public Document Room is located at 11555 Rockville Pike, Public File Area O-1F21, Rockville, Maryland. Publicly available documents related to this rulemaking may be viewed electronically on the public computers located at the NRC's PDR. The PDR reproduction contractor will copy documents for a fee. The NRC's Public Electronic Reading Room. The NRC's public electronic reading room (e-reading room) is located at *http://www.nrc.gov/reading-rm.html.* From this site, the public can gain entry into the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The table below shows some documents related to this rulemaking, and their ADAMS ML numbers. If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room
(PDR)Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to *pdr@nrc.gov.* Document PDR Web e-Reading room Final Rule—Regulatory Analysis X X ML070360713 RG 1.84, Rev. 34 X X ML072070407 RG 1.147, Rev. 15 X X ML072070419 RG 1.193, Rev. 1 X X ML052140501 Response to Public Comments X X ML071230720 Background The ASME develops and publishes the *Boiler and Pressure Vessel Code* (BPV Code), which contains the Code requirements for the design, construction, and inservice inspection
(ISI)of nuclear power plant components, and the *Code for Operation and Maintenance of Nuclear Power Plants* (OM Code), which contains Code requirements for inservice testing
(IST)of nuclear power plant components. In response to BPV and OM Code user requests, the ASME develops Code Cases which provide alternatives to BPV and OM Code requirements under special circumstances. The NRC staff reviews ASME BPV and OM Code Cases, rules upon the acceptability of each Code Case, and publishes its findings in RGs. The RGs are revised periodically as new Code Cases are published by the ASME. The NRC incorporates by reference the RGs listing acceptable and conditionally acceptable ASME Code Cases in 10 CFR 50.55a. Currently, NRC RG 1.84, Revision 33, *“Design, Fabrication, and Materials Code Case Acceptability, ASME Section III,”* NRC RG 1.147, Revisions 0 through 14, *“Inservice Inspection Code Case Acceptability, ASME Section XI, Division 1,”* and NRC RG 1.192, *“Operation and Maintenance Code Case Acceptability, ASME OM Code”* are incorporated into NRC's regulations, specifically 10 CFR 50.55a, “Codes and Standards.” This final rule incorporates by reference the latest revisions of the NRC RGs that list acceptable and conditionally acceptable ASME BPV Code Cases. RG 1.84, Revision 34 supersedes the incorporation by reference of Revision 33 and RG 1.147, Revision 15 supersedes the incorporation by reference of Revisions 0 through 14. Revision 15 of RG 1.147 supersedes all previous revisions of the RG. To make RG 1.147 easier to use, there was an effort to ensure that the tables of annulled Code Cases in Revision 15 were all inclusive. The result should be that licensees will no longer have to refer to multiple versions of this RG in managing Code Case usage in their ISI programs. RG 1.192, “ *Operation and Maintenance Code Case Acceptability, ASME OM Code* ” (June 2003), has not been revised because no new OM Code Cases have been published by the ASME since the last NRC staff review. RG 1.193, “ASME Code Cases Not Approved for Use,” lists the Code Cases that the NRC has determined are not acceptable for generic use. This guide complements RG 1.84 and RG 1.147 which list the Code Cases that the NRC has determined to be acceptable alternatives to applicable provisions of Section III and Section XI, respectively. Revision 1 to RG 1.193, issued in August 2005, is the latest available revision. On May 19, 2006, Revision 2 of the guide was issued for public comment (Draft Guide DG-1135, ML061210429). The public comment period closed on July 14, 2006. No comment letters were received. Issuance of the final guide was held pending the resolution of public comments on RGs 1.84 and 1.147 to determine if changes to these guides would necessitate a change to RG 1.193. No changes to the draft guide are necessary, and the final guide was issued in October 2007 through a separate notice. The ASME recently changed its policy with regard to the effective period for Code Cases. Previously, a Code Case was approved with a 3-year expiration date. With the policy change, a Code Case is approved without an expiration date and is effective until the ASME takes action. Some of the Code Cases listed in the RGs were reviewed by the NRC prior to implementation of the new policy (i.e., Code Case reaffirmation dates appear in some tables). Subsequent revisions of the RGs will reflect the discontinuance of expiration dates. The endorsement of a Code Case in NRC RGs constitutes acceptance of its technical position for applications not precluded by regulatory or other requirements or by the recommendations in these or other RGs. The licensee is responsible for ensuring that use of the Code Case does not conflict with regulatory requirements or licensee commitments. The Code Cases listed in the RGs are acceptable for use within the limits specified in the Code Case. Code Cases may be revised for many reasons, for example to incorporate operational examination and testing experience and to update material requirements based on research results. On occasion, an inaccuracy in an equation is discovered or an examination as practiced is found not to be adequate to detect a newly discovered degradation mechanism. Hence, when a licensee initially implements a Code Case, 10 CFR 50.55a requires that the licensee implement the most recent version of that Code Case as listed in the RGs incorporated by reference. Code Cases superseded by revision are no longer acceptable for initial application unless otherwise indicated. Section III applies only to new construction (i.e., the edition and addenda to be used in the construction of a plant are selected based on the date of the construction permit and are not changed thereafter, except voluntarily by the licensee). Hence, if a Section III Code Case is implemented by a licensee and a later version of the Code Case is incorporated by reference into § 50.55a and listed in the RGs, the licensee may use either version of the Code Case (subject, however, to whatever change requirements apply to its licensing basis, e.g., 10 CFR 50.59). Section XI ISI and OM IST programs are updated every 10 years to the latest edition and addenda of Section XI that was incorporated by reference into § 50.55a and in effect 12 months before the start of the next inspection and testing interval. Licensees who were using a Code Case prior to the effective date of its revision may continue to use the previous version for the remainder of the 120-month ISI or IST interval. This relieves licensees of the burden of having to update their ISI or IST program each time a Code Case is revised by the ASME and approved for use by the NRC. Since Code Cases are applicable to specific editions and addenda, and since Code Cases may be revised because they are no longer accurate or adequate, licensees choosing to continue using a Code Case during the subsequent ISI/IST interval must implement the latest version incorporated by reference into § 50.55a and listed in the RGs. The ASME may annul Code Cases that are no longer required, are determined to be inaccurate or inadequate, or have been incorporated into the BPV or OM Code. If a licensee applied a Code Case before it was listed as annulled or expired, the licensee may continue to use the Code Case until the licensee updates its construction Code of Record or until the licensee's 120-month ISI/IST update interval expires, after which the continued use of the Code Case is prohibited unless NRC approval is granted under § 50.55a(a)(3). If a Code Case is incorporated by reference into 10 CFR 50.55a and later annulled by the ASME because experience has shown that the design analysis, construction method, examination method, or testing method is inadequate, the NRC will amend 10 CFR 50.55a and the relevant RG to remove the approval of the annulled Code Case. Licensees should not begin to implement such annulled Code Cases in advance of the rulemaking. Concurrent with this action, the NRC is publishing notices of availability of these RGs listing acceptable ASME BPV Code Cases. Discussion of Comments The NRC received no comments on the proposed rulemaking, and 11 public comment letters on the draft regulatory guides. The comments relate to the associated notice of issuance and availability of the proposed RGs (71 FR 62947; October 27, 2006), as discussed below. RG 1.84, Code Case N-659 Eight of the comments pertained to proposed Revision 34 of Regulatory Guide 1.84. Specifically, all of the comments addressed Code Case N-659, “Use of Ultrasonic Examination in Lieu of Radiography for Weld Examination, Section III, Division 1.” All of the commenters had concerns relative to the conditions proposed by the NRC. Several commenters stated that further clarification was needed, and the demonstration program needed to be better defined. Other commenters believed that there was no need to require blind procedure and personnel demonstrations since a blind personnel demonstration would be sufficient, in their opinion, to also demonstrate the procedure. Some specific questions were raised, such as the number of flaws required for the procedure demonstration and false calls. NRC Response: As noted above, the Statement of Considerations ( **Federal Register** Notice 71 FR 62947, published on October 27, 2006) discussed the NRC's intent to add conditions to Code Case N-659 in the final guide unless public comments were received indicating that the staff's proposed technical bases for the conditions were incorrect, not applicable, unnecessary, or not justified. Because interest in using the code case had been expressed by the industry, the NRC developed the proposed conditions in an attempt to resolve the NRC's technical concerns and make the code case available for use. Public comments were received raising issues with the proposed NRC approach. In a separate **Federal Register** Notice (71 FR 32615) published for public comment on June 6, 2006, the industry had been notified that the NRC had determined that changes made to the code case by ASME International, published as Code Case N-659-1, were not acceptable to the NRC. Accordingly, given the NRC's technical concerns with the demonstration program, the issues raised in the public comments, and that the changes to Code Case N-659 resulting in Revision 1 to the code case are not acceptable to the NRC, the NRC has determined that a more effective approach for developing a suitable performance demonstration program would be to work with ASME International. Thus, Code Case N-659 will not be endorsed in the final regulatory guide, and the NRC staff will work through the ASME Code process to resolve the issues. To ensure that all stakeholders understand the NRC staff's concerns, responses have been developed to some of the public comments on Code Case N-659 dealing with the concept and motive for performance demonstration. The NRC's responses can be found in the “Response to Public Comments” document which is available to the public as indicated in the “Availability of Documents” section of this preamble. Responses are not provided for many of the public comments addressing details such as acceptance criteria, as these will be dependent on the scope of the performance demonstration program. The responses should be considered as the staff's preliminary positions on the issues. RG 1.147 Code Case N-532-4 A commenter suggested that the NRC should consider listing Code Case N-532, Revision 4, rather than Code Case N-532, Revision 3, because Revision 4 addresses the proposed condition in the draft regulatory guide. NRC Response: The NRC had conditionally approved previous revisions of the Code Case requiring that the inspection report be submitted within 90 days of the completion of each refueling outage. Under the provisions of Revision 3, it could have been several years before licensees submitted the inspection report. Since the change resulting in Code Case N-532-4 is consistent with the previously established regulatory position, the commenter's suggestion has been adopted, and Revision 4 to the Code Case is included in the final guide. Code Case N-504-2 Two comments were received on Code Case N-504, Revision 2. The first comment was that the reference for obtaining a copy of Section XI, Appendix Q, “Weld Overlay Repair of Class 1, 2, and 3 Austenitic Stainless Steel Piping Weldments,” was incorrect. NRC Response to the first comment: It was an oversight to not delete this reference in the draft guide. Accordingly, the reference has been removed in the final guide. The second comment on Code Case N-504-2 was that the NRC should consider listing Code Case N-504-3, rather than Code Case N-504-2, because Revision 3 addresses the proposed conditions in the draft regulatory guide. NRC Response: The revisions in Revision 3 are administrative in nature addressing use of the Code Case with various editions and addenda of Section XI. As these changes to the Code Case are administrative in nature and address the proposed conditions, Code Case N-504-3 is included in the final guide. Code Case N-554-3 A commenter suggested that the NRC remove the limitation on Code Case N-554, Revision 3, consistent with NRC's letter of August 23, 2006, to Mr. Ken Balkey, Vice President Nuclear Codes and Standards. NRC Response: In that letter, the NRC stated that it had evaluated ASME International's position on the Code Case, and concluded that there was a reasonable basis for pursuing the removal of the limitation on the Code Case. At the time that the letter was transmitted, the draft regulatory guide was in final concurrence. Hence, it was decided to address this issue in the subsequent revision. However, since the comment is consistent with the regulatory position, the NRC has determined that the limitation can be removed in the final guide. Thus, Code Case N-554-3 will be unconditionally approved in the final guide. Code Case N-567-1 A commenter suggested that, based on the same letter to Mr. Ken Balkey described above, the proposed limitation for Code Case N-567, Revision 1, should also be removed. The commenter pointed out that the basis for removing the limitation on Code Case N-554-3 equally applies to Code Case N-567-1. NRC Response: The NRC agrees, and Code Case N-554-3 will be unconditionally approved in the final guide. Code Case N-533-1 A commenter suggested that the limitations on Code Case N-533, Revision 1, be worded consistent with those in Revision 14 of Regulatory Guide 1.147. NRC Response: There was no intent to modify the intent of the condition in Revision 15. The intent was to make the condition more succinct. In accordance with the commenter's suggestion, the more descriptive condition contained in Revision 14 will be retained in the final Revision 15. Code Case N-460 In the draft guide, the NRC proposed to condition Code Case N-460 relative to the manner in which it could be used in conjunction with Code Case N-659. Several commenters suggested that this was not necessary. The commenters believed that the provisions of the Code Case N-460 would prohibit the use of it in the manner discussed, and also suggested that the proposed condition would be burdensome. NRC Response: The comments raise additional issues that need further consideration. Since these issues are associated with Code Case N-659, and it is not presently being accepted, issues with Code Case N-460 do not need to be resolved at this time. Accordingly, Code Case N-460 will not be conditioned in the final guide. Code Case N-517-1 A commenter suggested that the limitation on Code Case N-517, Revision 1, should be removed. NRC Response: Several years ago, NRC staff raised a concern that the Code Case was not consistent with 10 CFR 50, Appendix B, in that it would permit the purchase of materials from sources that do not have approved QA programs. However, the NRC has determined that the requirements of Appendix B are law and remain in effect even when a Code Case takes exception or is otherwise silent on the issue. Accordingly, the condition on Code Case N-517-1 has been removed in the final guide. Code Cases N-619 and N-648-1 A commenter requested that the NRC clarify the conditions for approval for both Code Case N-619 and N-648, Revision 1. Specifically, clarification was requested relative to the reference to external surfaces on the inner radius of the nozzle. NRC Response: The conditions in the final guide have been clarified to indicate that the external surface is from point M to point N in the figure. Code Case N-706 A commenter recommended that the NRC considers including Code Case N-706 in Revision 15 to Regulatory Guide 1.147. NRC Response: As indicated by the commenter, the NRC has previously approved the strategy identified in Code Case N-706 in relief requests. Technical Letter Report, “Assessment of ASME Code Examinations on Regenerative, Letdown and Residual Heat Removal Heat Exchangers,” Pacific Northwest National Laboratory (PNNL), dated July 2004, gives a technical basis for acceptance of the Code Case. PNNL reviewed the component design, operating conditions, preventative maintenance practices, potential degradation mechanisms, failure history, and risk assessments for these heat exchanges. It concluded that with this change in inspection strategy identified in Code Case N-706, failure frequencies would remain very low, and there would be little impact on core damage or large early release frequencies. In addition, this change would significantly reduce occupational exposures. The NRC has determined that the alternative examination of the subject component provides reasonable assurance of structural integrity. Accordingly, the NRC agrees with the commenter's suggestion, and Code Case N-706 has been approved in the final guide. Paragraph-by-Paragraph Discussion On October 27, 2006, the NRC published notices of the proposed rulemaking and availability of proposed revisions to RGs 1.84 and 1.147 (71 FR 62942 and 71 FR 62947). The NRC has considered the public comments on these RGs and has resolved those comments by modifying the guides, as appropriate, or providing its rationale for not doing so. This rulemaking amends 10 CFR 50.55a to incorporate by reference RG 1.84 Revision 34, in place of Revision 33, and RG 1.147 Revision 15, in place of Revisions 0 through 14. Paragraph 50.55a(b) In § 50.55a(b), (b)(4), and (b)(5), the reference to the revision number for RG 1.84 is changed from “Revision 33” to “Revision 34,” and the reference to the revision numbers for RG 1.147 is changed to “Revision 15.” Paragraphs 50.55a(f)(2), (f)(3)(iii)(A), (f)(3)(iv)(A), (f)(4)(ii), (g)(2), (g)(3)(i), (g)(3)(ii), (g)(4)(i), and (g)(4)(ii) In these paragraphs, the phrase indicating that revisions of RG 1.147 “through Revision 14” are the versions that are incorporated by reference in § 50.55a(b) is modified to read “Revision 15.” Incorporation by reference of Revision 15 of RG 1.147 supersedes the incorporation by reference of all previous revisions. The tables of annulled and superseded Code Cases have been reviewed to ensure that the lists are all inclusive. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Pub. L. 104-113, requires agencies to use technical standards developed or adopted by voluntary consensus standards bodies unless the use of such standards is inconsistent with applicable law or is otherwise impractical. In this action, the NRC is amending its regulations to incorporate by reference RGs that list ASME BPV Code Cases approved by the NRC. ASME Code Cases, which are ASME-approved alternatives to the provisions of ASME Code editions and addenda, are national consensus standards, as defined in Pub. L. 104-113 and OMB Circular A-119. They are developed by bodies whose members (including the NRC and utilities) have broad and varied interests. The NRC reviews each Section III and Section XI Code Case published by the ASME to ascertain whether it is consistent with the safe operation of nuclear power plants. Those Code Cases found to be generically acceptable are listed in the RGs that are incorporated by reference in § 50.55a(b). Those that are found to be unacceptable are listed in RG 1.193, titled *Code Cases not Approved for Use;* but licensees may still seek NRC's approval to apply these Code Cases through the relief request process permitted in § 50.55a(a)(3). Other Code Cases, which the NRC finds to be conditionally acceptable, are also listed in the RGs that are incorporated by reference along with the modifications and limitations under which they may be applied. If the NRC did not conditionally accept ASME Code Cases, it would disapprove these Code Cases entirely. The effect would be that licensees would need to submit a larger number of relief requests which would be an unnecessary additional burden for both the licensee and the NRC. The NRC believes that this situation fits the definition of “impractical” under Pub. L. 104-113. For these reasons, the treatment of ASME BPV Code Cases, and modifications and conditions placed on them, in this final rule does not conflict with any policy on agency use of consensus standards specified in OMB Circular A-119. Finding of No Significant Environmental Impact: Environmental Assessment This action stems from the Commission's practice of incorporating by reference the RGs listing the most recent set of NRC-approved ASME Code Cases. The purpose of this action is to allow licensees to use the Code Cases listed in the RGs as alternatives to requirements in the ASME BPV Code for the construction and inservice inspection of nuclear power plant components. This action is intended to advance the NRC's strategic goals of protecting the public health, safety, and the environment, ensuring openness in the regulatory process, and promoting regulatory effectiveness and efficiency. It also demonstrates the agency's commitment to participate in the national consensus standards process under the National Technology Transfer and Advancement Act of 1995, Pub. L. 104-113. The National Environmental Policy Act (NEPA), Pub. L. 97-190 (42 U.S.C. 4321, *et seq.* ), as amended, requires Federal government agencies to study the impacts of their “major Federal actions significantly affecting the quality of the human environment,” and prepare detailed statements on the environmental impacts of the action and alternatives to the action (42 U.S.C. 4332(2)(C)). The Commission has determined under NEPA, as amended, and the Commission's regulations in Subpart A of 10 CFR Part 51 that this rule would not be a major Federal action significantly affecting the quality of the human environment. Therefore, an environmental impact statement is not required. As alternatives to the ASME Code, NRC-approved Code Cases provide an equivalent level of safety. Therefore, the probability or consequences of accidents is not changed. There are also no significant, non-radiological impacts associated with this action because no changes would be made affecting non-radiological plant effluents nor in activities that would adversely affect the environment. The determination of this environmental assessment is that there will be no significant offsite impact to the public from this action. The NRC sought public comments and the views of the States on this assessment but received none. Paperwork Reduction Act Statement This final rule does not contain a new or an amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, approval number 3150-0011. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection unless the requesting document displays a currently valid OMB control number. Regulatory Analysis The ASME Code Cases listed in the RGs to be incorporated by reference provide voluntary alternatives to the provisions in the ASME BPV Code for design, construction, and ISI of specific structures, systems, and components used in nuclear power plants. Implementation of these Code Cases is not required. Licensees use NRC-approved ASME Code Cases to reduce unnecessary regulatory burden or gain additional operational flexibility. It would be difficult for the NRC to provide these advantages independently of the ASME Code Case publication process without expending considerable additional resources. The NRC has prepared a regulatory analysis addressing the qualitative benefits of the alternatives considered in this final rulemaking and comparing the costs associated with each alternative. The regulatory analysis is available for inspection on public computers in the NRC Public Document Room, located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland, Room O-1 F21. Copies of the regulatory analysis are also available to the public as indicated under the Availability of Documents heading in this preamble. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the Commission certifies that this final rule will not impose a significant economical impact on a substantial number of small entities. This final rule affects only the licensing and operation of nuclear power plants. The companies that own these plants are not “small entities” as defined in the Regulatory Flexibility Act or the size standards established by the NRC (10 CFR 2.810). Backfit Analysis The provisions in this final rulemaking allow licensees to voluntarily apply NRC-approved Code Cases, sometimes with modifications or conditions. Therefore, the voluntary implementation of an approved Code Case does not constitute a backfit. Thus, the Commission finds that this final rule does not involve any provisions that constitute a backfit as defined in 10 CFR 50.109(a)(1), that the backfit rule does not apply to this final rule, and that a backfit analysis is not required. Congressional Review Act
(CRA)Under the Congressional Review Act
(CRA)of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Management and Budget. List of Subjects in 10 CFR Part 50 Antitrust, Classified information, Criminal penalties, Fire protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR Part 50. PART 50—DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 1. The authority citation for Part 50 continues to read as follows: Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 Stat. 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(d), and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and appendix Q also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237). 2. Section 50.55a is amended by revising the introductory text of paragraphs (b), (b)(4), and (b)(5), and paragraphs (f)(2), (f)(3)(iii)(A), (f)(3)(iv)(A), (f)(4)(ii), (g)(2), (g)(3)(i), (g)(3)(ii), (g)(4)(i) and (g)(4)(ii) to read as follows: § 50.55a Codes and standards.
(b)The ASME Boiler and Pressure Vessel Code and the ASME Code for Operation and Maintenance of Nuclear Power Plants, which are referenced in paragraphs (b)(1), (b)(2), and (b)(3) of this section, were approved for incorporation by reference by the Director of the Office of the Federal Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. NRC Regulatory Guide 1.84, Revision 34, “Design, Fabrication, and Materials Code Case Acceptability, ASME Section III” (October 2007); NRC Regulatory Guide 1.147, Revision 15, “Inservice Inspection Code Case Acceptability, ASME Section XI, Division 1” (October 2007); and Regulatory Guide 1.192, “Operation and Maintenance Code Case Acceptability, ASME OM Code,” (June 2003), have been approved for incorporation by reference by the Director of the Office of the Federal Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. These Regulatory Guides list ASME Code cases that the NRC has approved in accordance with the requirements in paragraphs (b)(4), (b)(5), and (b)(6). Copies of the ASME Boiler and Pressure Vessel Code and the ASME Code for Operation and Maintenance of Nuclear Power Plants may be purchased from the American Society of Mechanical Engineers, Three Park Avenue, New York, NY 10016. Single copies of NRC Regulatory Guides 1.84, Revision 34; 1.147, Revision 15; and 1.192 may be obtained free of charge by writing the Reproduction and Distribution Services Section, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; or by fax to 301-415-2289; or by e-mail to *DISTRIBUTION@nrc.gov.* Copies of the ASME Codes and NRC Regulatory Guides incorporated by reference in this section may be inspected at the NRC Technical Library, Two White Flint North, 11545 Rockville Pike, Rockville, MD 20852-2738, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ ibr_locations.html* .
(4)*Design, Fabrication, and Materials Code Cases.* Licensees may apply the ASME Boiler and Pressure Vessel Code cases listed in NRC Regulatory Guide 1.84, Revision 34, without prior NRC approval subject to the following:
(5)*Inservice Inspection Code Cases.* Licensees may apply the ASME Boiler and Pressure Vessel Code cases listed in Regulatory Guide 1.147, Revision 15, without prior NRC approval subject to the following:
(f)* * *
(2)For a boiling or pressurized water-cooled nuclear power facility whose construction permit was issued on or after January 1, 1971, but before July 1, 1974, pumps and valves which are classified as ASME Code Class 1 and Class 2 must be designed and be provided with access to enable the performance of inservice tests for operational readiness set forth in editions and addenda of Section XI of the ASME Boiler and Pressure Vessel Code incorporated by reference in paragraph
(b)of this section (or the optional ASME Code cases listed in NRC Regulatory Guide 1.147, Revision 15, or 1.192 that are incorporated by reference in paragraph
(b)of this section) in effect 6 months before the date of issuance of the construction permit. The pumps and valves may meet the inservice test requirements set forth in subsequent editions of this Code and addenda which are incorporated by reference in paragraph
(b)of this section (or the optional ASME Code Cases listed in NRC Regulatory Guide 1.147, Revision 15, or 1.192 that are incorporated by reference in paragraph
(b)of this section), subject to the applicable limitations and modifications listed therein.
(3)* * * (iii)(A) Pumps and valves, in facilities whose construction permit was issued before November 22, 1999, which are classified as ASME Code Class 1 must be designed and be provided with access to enable the performance of inservice testing of the pumps and valves for assessing operational readiness set forth in the editions and addenda of Section XI of the ASME Boiler and Pressure Vessel Code incorporated by reference in paragraph
(b)of this section (or the optional ASME Code cases listed in NRC Regulatory Guide 1.147, Revision 15, or 1.192 that are incorporated by reference in paragraph
(b)of this section) applied to the construction of the particular pump or valve or the Summer 1973 Addenda, whichever is later. (iv)(A) Pumps and valves, in facilities whose construction permit was issued before November 22, 1999, which are classified as ASME Code Class 2 and Class 3 must be designed and be provided with access to enable the performance of inservice testing of the pumps and valves for assessing operational readiness set forth in the editions and addenda of Section XI of the ASME Boiler and Pressure Vessel Code incorporated by reference in paragraph
(b)of this section (or the optional ASME Code Cases listed in NRC Regulatory Guide 1.147, Revision 15, that are incorporated by reference in paragraph
(b)of this section) applied to the construction of the particular pump or valve or the Summer 1973 Addenda, whichever is later.
(4)* * *
(ii)Inservice tests to verify operational readiness of pumps and valves, whose function is required for safety, conducted during successive 120-month intervals must comply with the requirements of the latest edition and addenda of the Code incorporated by reference in paragraph
(b)of this section 12 months before the start of the 120-month interval (or the optional ASME Code cases listed in NRC Regulatory Guide 1.147, Revision 15, or 1.192 that are incorporated by reference in paragraph
(b)of this section), subject to the limitations and modifications listed in paragraph
(b)of this section.
(g)* * *
(2)For a boiling or pressurized water-cooled nuclear power facility whose construction permit was issued on or after January 1, 1971, but before July 1, 1974, components (including supports) which are classified as ASME Code Class 1 and Class 2 must be designed and be provided with access to enable the performance of inservice examination of such components (including supports) and must meet the preservice examination requirements set forth in editions and addenda of Section XI of the ASME Boiler and Pressure Vessel Code incorporated by reference in paragraph
(b)of this section (or the optional ASME Code cases listed in NRC Regulatory Guide 1.147, Revision 15, that are incorporated by reference in paragraph
(b)of this section) in effect six months before the date of issuance of the construction permit. The components (including supports) may meet the requirements set forth in subsequent editions and addenda of this Code which are incorporated by reference in paragraph
(b)of this section (or the optional ASME Code cases listed in NRC Regulatory Guide 1.147, Revision 15, that are incorporated by reference in paragraph
(b)of this section), subject to the applicable limitations and modifications.
(3)* * *
(i)Components (including supports) which are classified as ASME Code Class 1 must be designed and be provided with access to enable the performance of inservice examination of these components and must meet the preservice examination requirements set forth in the editions and addenda of Section XI of the ASME Boiler and Pressure Vessel Code incorporated by reference in paragraph
(b)of this section (or the optional ASME Code cases listed in NRC Regulatory Guide 1.147, Revision 15, that are incorporated by reference in paragraph
(b)of this section) applied to the construction of the particular component.
(ii)Components which are classified as ASME Code Class 2 and Class 3 and supports for components which are classified as ASME Code Class 1, Class 2, and Class 3 must be designed and be provided with access to enable the performance of inservice examination of these components and must meet the preservice examination requirements set forth in the editions and addenda of Section XI of the ASME Boiler and Pressure Vessel Code incorporated by reference in paragraph
(b)of this section (or the optional ASME Code Cases listed in NRC Regulatory Guide 1.147, Revision 15, that are incorporated by reference in paragraph
(b)of this section) applied to the construction of the particular component.
(4)* * *
(i)Inservice examination of components and system pressure tests conducted during the initial 120-month inspection interval must comply with the requirements in the latest edition and addenda of the Code incorporated by reference in paragraph
(b)of this section on the date 12 months before the date of issuance of the operating license (or the optional ASME Code cases listed in NRC Regulatory Guide 1.147, Revision 15, that are incorporated by reference in paragraph
(b)of this section, subject to the limitations and modifications listed in paragraph
(b)of this section.
(ii)Inservice examination of components and system pressure tests conducted during successive 120-month inspection intervals must comply with the requirements of the latest edition and addenda of the Code incorporated by reference in paragraph
(b)of this section 12 months before the start of the 120-month inspection interval (or the optional ASME Code cases listed in NRC Regulatory Guide 1.147, Revision 15, that are incorporated by reference in paragraph
(b)of this section), subject to the limitations and modifications listed in paragraph
(b)of this section. Dated at Rockville, Maryland, this 1st day of November, 2007. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. [FR Doc. E7-24478 Filed 12-18-07; 8:45 am] BILLING CODE 7590-01-P FEDERAL RESERVE SYSTEM 12 CFR Part 201 [Regulation A] Extensions of Credit by Federal Reserve Banks AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule. SUMMARY: The Board of Governors of the Federal Reserve System (Board) has adopted final amendments to its Regulation A to reflect the Board's approval of a decrease in the primary credit rate at each Federal Reserve Bank. The secondary credit rate at each Reserve Bank automatically decreased by formula as a result of the Board's primary credit rate action. DATES: The amendments to part 201 (Regulation A) are effective December 19, 2007. The rate changes for primary and secondary credit were effective on the dates specified in 12 CFR 201.51, as amended. FOR FURTHER INFORMATION CONTACT: Jennifer J. Johnson, Secretary of the Board (202/452-3259); for users of Telecommunication Devices for the Deaf
(TDD)only, contact 202/263-4869. SUPPLEMENTARY INFORMATION: The Federal Reserve Banks make primary and secondary credit available to depository institutions as a backup source of funding on a short-term basis, usually overnight. The primary and secondary credit rates are the interest rates that the twelve Federal Reserve Banks charge for extensions of credit under these programs. In accordance with the Federal Reserve Act, the primary and secondary credit rates are established by the boards of directors of the Federal Reserve Banks, subject to the review and determination of the Board. The Board approved requests by the Reserve Banks to decrease by 25 basis points the primary credit rate in effect at each of the twelve Federal Reserve Banks, thereby decreasing from 5.00 percent to 4.75 percent the rate that each Reserve Bank charges for extensions of primary credit. As a result of the Board's action on the primary credit rate, the rate that each Reserve Bank charges for extensions of secondary credit automatically decreased from 5.50 percent to 5.25 percent under the secondary credit rate formula. The final amendments to Regulation A reflect these rate changes. The 25-basis-point decrease in the primary credit rate was associated with a similar decrease in the target for the federal funds rate (from 4.50 percent to 4.25 percent) approved by the Federal Open Market Committee (Committee) and announced at the same time. A press release announcing these actions indicated that: Incoming information suggests that economic growth is slowing, reflecting the intensification of the housing correction and some softening in business and consumer spending. Moreover, strains in financial markets have increased in recent weeks. Today's action, combined with the policy actions taken earlier, should help promote moderate growth over time. Readings on core inflation have improved modestly this year, but elevated energy and commodity prices, among other factors, may put upward pressure on inflation. In this context, the Committee judges that some inflation risks remain, and it will continue to monitor inflation developments carefully. Recent developments, including the deterioration in financial market conditions, have increased the uncertainty surrounding the outlook for economic growth and inflation. The Committee will continue to assess the effects of financial and other developments on economic prospects and will act as needed to foster price stability and sustainable economic growth. Regulatory Flexibility Act Certification Pursuant to the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Board certifies that the new primary and secondary credit rates will not have a significantly adverse economic impact on a substantial number of small entities because the final rule does not impose any additional requirements on entities affected by the regulation. Administrative Procedure Act The Board did not follow the provisions of 5 U.S.C. 553(b) relating to notice and public participation in connection with the adoption of these amendments because the Board for good cause determined that delaying implementation of the new primary and secondary credit rates in order to allow notice and public comment would be unnecessary and contrary to the public interest in fostering price stability and sustainable economic growth. For these same reasons, the Board also has not provided 30 days prior notice of the effective date of the rule under section 553(d). 12 CFR Chapter II List of Subjects in 12 CFR Part 201 Banks, Banking, Federal Reserve System, Reporting and recordkeeping. Authority and Issuance For the reasons set forth in the preamble, the Board is amending 12 CFR Chapter II to read as follows: PART 201—EXTENSIONS OF CREDIT BY FEDERAL RESERVE BANKS (REGULATION A) 1. The authority citation for part 201 continues to read as follows: Authority: 12 U.S.C. 248(i)-(j), 343 *et seq.* , 347a, 347b, 347c, 348 *et seq.* , 357, 374, 374a, and 461. 2. In § 201.51, paragraphs
(a)and
(b)are revised to read as follows: § 201.51 Interest rates applicable to credit extended by a Federal Reserve Bank. 1 1 The primary, secondary, and seasonal credit rates described in this section apply to both advances and discounts made under the primary, secondary, and seasonal credit programs, respectively.
(a)*Primary credit.* The interest rates for primary credit provided to depository institutions under § 201.4(a) are: Federal Reserve Bank Rate Effective Boston 4.75 December 12, 2007. New York 4.75 December 11, 2007. Philadelphia 4.75 December 11, 2007. Cleveland 4.75 December 11, 2007. Richmond 4.75 December 11, 2007. Atlanta 4.75 December 11, 2007. Chicago 4.75 December 11, 2007. St. Louis 4.75 December 12, 2007. Minneapolis 4.75 December 12, 2007. Kansas City 4.75 December 13, 2007. Dallas 4.75 December 12, 2007. San Francisco 4.75 December 11, 2007.
(b)*Secondary credit.* The interest rates for secondary credit provided to depository institutions under § 201.4(b) are: Federal Reserve Bank Rate Effective Boston 5.25 December 12, 2007. New York 5.25 December 11, 2007. Philadelphia 5.25 December 11, 2007. Cleveland 5.25 December 11, 2007. Richmond 5.25 December 11, 2007. Atlanta 5.25 December 11, 2007. Chicago 5.25 December 11, 2007. St. Louis 5.25 December 12, 2007. Minneapolis 5.25 December 12, 2007 Kansas City 5.25 December 13, 2007. Dallas 5.25 December 12, 2007. San Francisco 5.25 December 11, 2007. By order of the Board of Governors of the Federal Reserve System, December 14, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E7-24567 Filed 12-18-07; 8:45 am] BILLING CODE 6210-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-29011; Airspace Docket No. 07-AAL-14] Revision of Class D and E Airspace; Kenai, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Class D and E airspace at Kenai, AK to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). Five SIAPs are being amended for the Kenai Municipal Airport at Kenai, AK. Additionally, one textual departure procedure
(DP)is being amended. This action revises existing Class D and E airspace upward from the surface, from 700 feet (ft.) and 1,200 ft. above the surface at the Kenai Municipal Airport, Kenai, AK. DATES: *Effective Date:* 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: Gary Rolf, AAL-538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number
(907)271-5898; fax:
(907)271-2850; e-mail: *gary.ctr.rolf@faa.gov* . Internet address: *http://www.alaska.faa.gov/at* . SUPPLEMENTARY INFORMATION: History On Tuesday, October 16, 2007, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to revise Class D and E airspace upward from the surface, from 700 ft. above the surface and from 1,200 ft. above the surface at Kenai, AK (72 FR 58561). The action was proposed in order to create Class D and E airspace sufficient in size to contain aircraft while executing SIAPs for the Kenai Municipal Airport. The Notice of Proposed Rulemaking contained an incorrect mileage annotation in the Class E5 description. It is corrected in this rule. Additionally, the Class E2 surface area was omitted, which has the same dimension as the Class D airspace. It should have been included and is addressed in this rule. Class D and E controlled airspace extending upward from the surface, from 700 ft. above the surface and from 1,200 ft. above the surface, in the Kenai Municipal Airport area is revised by this action. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments were received. The rule is adopted as proposed with the correction to the mileage annotation and the inclusion of the Class E2 airspace description. The area will be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. Class D airspace is published in paragraph 5000 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 areas designated as surface areas are published in paragraph 6002 and 6004 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 areas designated as 700/1,200 ft. transition areas 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 D and E airspace designations listed in this document will be published subsequently in the Order. The Rule This amendment to 14 CFR part 71 revises Class D and E airspace at the Kenai Municipal Airport, Alaska. This Class D and E airspace is revised to accommodate aircraft executing amended SIAPs, and will be depicted on aeronautical charts for pilot reference. The intended effect of this rule is to provide adequate controlled airspace for Instrument Flight Rules
(IFR)operations at the Kenai Municipal Airport, Kenai, Alaska. 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 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 1, 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 1, section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it creates Class D and E airspace sufficient in size to contain aircraft executing instrument procedures for the Kenai Municipal Airport and represents the FAA's continuing effort to safely and efficiently use the navigable airspace. 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 14 CFR 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, and effective September 15, 2007, is amended as follows: Paragragh 5000 General. AAL AK D Kenai, AK [Revised] Kenai, Kenai Municipal Airport, AK (Lat. 60°34′23″ N., long. 151°14′42″ W.) That airspace extending upward from the surface to and including 2,600 feet MSL within a 5.2-mile radius of the Kenai Municipal Airport, excluding the airspace below 1,100 feet MSL beyond 4 miles from the Kenai Municipal Airport extending from the 310° bearing clockwise to the 350° bearing from the Kenai Municipal Airport. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. Paragraph 6002 Class E Airspace Designated as Surface Areas. AAL AK E2 Kenai, AK [Revised] Kenai, Kenai Municipal Airport, AK (Lat. 60°34′23″ N., long. 151°14′42″ W.) Kenai VOR/DME (Lat. 60°36′53″ N., long. 151°11′43″ W.) That airspace extending upward from the surface to and including 2,600 feet MSL within a 5.2-mile radius of the Kenai Municipal Airport, excluding the airspace below 1,100 feet MSL beyond 4 miles from the Kenai Municipal Airport extending from the 310° bearing clockwise to the 350° bearing from the Kenai Municipal Airport; and that airspace extending upward from the surface within 3.7 miles each side of the 031° radial of the Kenai VOR/DME extending from the 5.2-mile radius of the Kenai Municipal Airport to 10.2 miles northeast of the Kenai Municipal Airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time 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. AAL AK E4 Kenai, AK [Revised] Kenai, Kenai Municipal Airport, AK (Lat. 60°34′23″ N., long. 151°14′42″ W.) Kenai VOR/DME (Lat. 60°36′53″ N., long. 151°11′43″ W.) That airspace extending upward from the surface within 3.7 miles each side of the 031° radial of the Kenai VOR/DME extending from the 5.2-mile radius of the Kenai Municipal Airport to 10.2 miles northeast of the Kenai Municipal Airport. Paragraph 6005 Class E Airspace Extending Upward from 700 feet or More Above the Surface of the Earth. AAL AK E5 Kenai, AK [Revised] Kenai, Kenai Municipal Airport, AK (Lat. 60°34′23″ N., long. 151°14′42″ W.) That airspace extending upward from 700 feet above the surface within a 7.7-mile radius of the Kenai Municipal Airport and within 4 miles east and west of the 031° bearing from the Kenai Municipal Airport extending from the 7.7-mile radius to 11 miles north of the Kenai Municipal Airport; and that airspace extending upward from 1,200 feet above the surface within a 75-mile radius of the Kenai Municipal Airport. Issued in Anchorage, AK, on December 11, 2007. Anthony M. Wylie, Manager, Alaska Flight Services Information Area Group. [FR Doc. E7-24402 Filed 12-18-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-0245; Airspace Docket No. 07-ANE-95] Establishment of Class E Airspace; Lewiston, ME AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule, request for comments. SUMMARY: This action establishes Class E Airspace at Lewiston, ME. The existing controlled airspace from nearby Auburn/Lewiston Municipal Airport does not adequately support a new Area Navigation
(RNAV)Global Positioning system
(GPS)Special Instrument Approach Procedure
(IAP)that has been developed for medical flight operations. This action enhances the safety and management of Instrument Flight Rule
(IFR)operations by providing the required controlled airspace to protect for this approach around the Central Maine Medical Center. 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. Comments for inclusion in the Rules Docket must be received on or before February 4, 2008. ADDRESSES: Send comments on this rule to: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Ave., SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001; Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the Docket Number FAA-2007-0245; Airspace Docket No. 07-ANE-95, at the beginning of your comments. You may also submit and review received comments through the Internet at *http://www.regulations.gov.* You may review the public docket containing the rule, any comments received, and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. An informal docket may also be examined during normal business hours at the office of the Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia 30337. FOR FURTHER INFORMATION CONTACT: Daryl Daniels, System Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone
(404)305-5581. SUPPLEMENTARY INFORMATION: The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comments, and, therefore, issues it as a direct final rule. The FAA has determined that this rule only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the **Federal Register** indicating that no adverse or negative comments were received and confirming the effective date. If the FAA receives, within the comment period, an adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the direct final rule will be published in the **Federal Register,** and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Although this action is in the form of a direct final rule, and was not preceded by a notice of proposed rulemaking, interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. An electronic copy of this document may be downloaded from and comments may be submitted and reviewed via *http://www.regulations.gov.* Recently published rulemaking documents can also be accessed through the FAA's Web page at *http://www.faa.gov* or the **Federal Register's** Web page at *http://www.gpoaccess.gov/fr/index.html* . Communications should identify both docket numbers and be submitted in triplicate to the address specified under the caption ADDRESSES above or you may comment through the Web site. All communications received on or before the closing date for comments will be considered, and this rule may be amended or withdrawn in light of the comments received. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of this action and determining whether additional rulemaking action would be needed. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. Those wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2007-0245; Airspace Docket No. 07-ANE-95.'' The postcard will be date stamped and returned to the commenter. The Rule This amendment to title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E5 airspace at Lewiston, ME providing the controlled airspace required to support the new Copter RNAV
(GPS)162 Point in Space
(PinS)approach developed to facilitate helicopter arrival and departures at the Central Maine Medical Center. Although Class E airspace exists near the area, it is insufficient for the protection for this approach that will serve medical flights. Controlled airspace extending upward from 700 feet Above Ground Level
(AGL)is required to encompass all instrument approach procedures
(IAPs)to the extent practical and for general instrument flight rules
(IFR)operations. Therefore, the FAA is amending title 14, Code of Federal Regulations (14 CFR) part 71 to establish Class E5 airspace at Lewiston, ME. Designations for Class E airspace areas extending upward from 700 feet or more above the surface of the Earth are published in FAA Order 7400.9R, signed August 15, 2007, effective September 15, 2007, which is incorporated by reference in 14 CFR part 71.1. The Class E designations listed in this document will be published subsequently in the Order. Agency Findings 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, is non-controversial and unlikely to result in adverse or negative comments. 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. The regulation is within the scope of that authority as it establishes controlled airspace near the Central Maine Medical Center in Lewiston, ME. 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 6005 Class E Airspace Areas Extending Upward from 700 feet or More Above the Surface of the Earth. ANE ME E5 Lewiston, ME [NEW] Central Maine Medical Center Heliport (Lat. 44°06′12″ N., long. 70°12′54″ W.) Point in Space Coordinates (Lat. 44°06′29″ N., long. 70°13′42″ W.) That airspace extending upward from 700 feet above the surface of the Earth within a 6-mile radius of the Point in Space coordinates (Lat. 44°06′29″ N., long. 70°13′42″ W.) serving the Central Maine Medical Center Heliport. Issued in College Park, Georgia, on December 10, 2007. Barry A. Knight, Acting Manager, System Support Group, Eastern Service Center. [FR Doc. 07-6072 Filed 12-18-07; 8:45 am]
Connectionstraces to 40
Traces to 40 documents
U.S. Code
26 references not yet in our index
  • 5 CFR 843
  • Pub. L. 99-335
  • 9 CFR 130
  • 7 CFR 3015
  • 7 CFR 2.22
  • 10 CFR 50
  • Pub. L. 104-113
  • Pub. L. 97-190
  • 10 CFR 51
  • 68 Stat. 936
  • 83 Stat. 444
  • 88 Stat. 1242
  • 112 Stat. 2750
  • Pub. L. 95-601
  • 92 Stat. 2951
  • 68 Stat. 955
  • Pub. L. 91-190
  • 83 Stat. 853
  • 68 Stat. 939
  • 88 Stat. 1245
  • Pub. L. 97-415
  • 96 Stat. 2073
  • 68 Stat. 954
  • 1 CFR 51
  • 12 CFR 201
  • 14 CFR 71
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Fed. Reg.Notices
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U.S.C.§ 8441
U.S.C.§ 136a
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Pub. L.Pub. L. 99-335
Cite9 CFR 130
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