Notices. Final rule

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BILLING CODE 4510-43-P DEPARTMENT OF DEFENSE Office of the Secretary [DOD-2007-OS-0117; RIN 0790-AH70] 32 CFR Part 57 Provision of Early Intervention and Special Education Services to Eligible DoD Dependents AGENCY: Department of Defense. ACTION: Final rule. SUMMARY: The Department of Defense

(DoD)school systems [DoD Dependents Schools (DoDDS) and the Defense Dependents Elementary and Secondary Schools (DDESS)] are required by law to provide services and safeguards to children with disabilities consistent with the “Individuals With Disabilities Education Act” (IDEA). This will bring the DoDDS and DDESS under a single rule codified at 32 CFR part 57. The rule integrates previous DoD policy memoranda. DATES: *Effective Date:* This rule is effective December 19, 2007. FOR FURTHER INFORMATION CONTACT: Dr. Rebecca Posante, 703-602-4949 x114. SUPPLEMENTARY INFORMATION: On June 10, 2004 (69 FR 32662), the Department of Defense published an interim final rule. No comments were received. The final rule had not been published sooner due to legal constraints. This rule adopts the rule as published. See 20 U.S.C. 927(c) (concerning DoDDS) and 10 U.S.C. 2164(f) (concerning DDESS). This final rule updates and amends the DoD implementation of the IDEA within the DoD school systems, as follows: Requires the DoD Education Activity to report annually on the rate special education students

(a)participate in system-wide or alternative testing,

(b)are disciplined,

(c)are suspended, or

(d)are expelled; and requires the DoD Education Activity to compare these rates with students who are not disabled; clarifies requirements for three year re-evaluation of special education students; requires individualized education programs

(IEPs)to consider special circumstances in the IEP; strengthens the requirement for the school system notice to parents about change of placement or refusal for change of placement; strengthens the protections for students with a disability when facing disciplinary action that might result in suspension or expulsion; requires the schools to provide special education in an interim alternative educational setting for special education students who have been suspended or expelled from school; strengthens requirements for documenting behavioral intervention when disciplining special education students; clarifies the students who must be treated as students with a disability when considering disciplinary action that may result in suspension or expulsion; allows the use of paraprofessionals and assistants (e.g., Certified Occupational Therapy Assistants, Physical Therapy Assistants) to assist in the provision of early intervention services and special education; requires the schools to advise students of their rights one year prior to the age of majority; sets the age of majority for students in the DoDDS as 18, and for students in the DDESS as the age of majority for the State in which the DDESS is located; consolidates the former National Advisory Panel and the Domestic Advisory Panel into one and requires the majority of advisory panel members be persons with disabilities or the parents of children with disabilities. Executive Order 12866, “Regulatory Planning and Review” It has been determined that 32 CFR part 57 is not a significant regulatory action. The rule does not:

(1)Have an annual effect to the economy of $100 million or more or adversely affect in a material way the economy; a section of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribal governments or communities;

(2)Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency;

(3)Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or

(4)Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order. Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4) It has been certified that this rule does not contain a Federal mandate that may result in the expenditure by State, local and tribal governments, in aggregate, or by the private sector, of $100 million or more in any one year. Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. 601) It has been certified that this rule is not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if promulgated, have a significant economic impact on a substantial number of small entities. This rule pertains only to the provision of special education and early intervention by Department of Defense entities not by any other entity. Public Law 96-511, “Paperwork Reduction Act” (44 U.S.C. Chapter 35) It has been certified that this rule does impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995. Federalism (Executive Order 13132) It has been certified that this rule does not have federalism implications, as set forth in Executive Order 13132. This rule does not have substantial direct effects on:

(1)The States;

(2)The relationship between the National Government and the States; or

(3)The distribution of power and responsibilities among the various levels of government. List of Subjects in 32 CFR Part 57 Education of individuals with disabilities, Elementary and secondary education, Government employees, Military personnel. PART 57—PROVISION OF EARLY INTERVENTION AND SPECIAL EDUCATION SERVICES TO ELIGIBLE DOD DEPENDENTS Accordingly, the interim rule revising 32 CFR part 57 published at 69 FR 32662 on June 10, 2004, is adopted as a final rule without change. Dated: December 11, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, DoD. [FR Doc. E7-24353 Filed 12-18-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [DoD-2007-OS-0041; RIN 0790-AI21] 32 CFR Part 285 DoD Freedom of Information Act

(FOIA)Program AGENCY: Department of Defense. ACTION: Final rule. SUMMARY: The Department of Defense is updating current policies and procedures reflecting the DoD FOIA Program as prescribed by Executive Order 13392. The changes will ensure appropriate agency disclosure of information and offer consistency with the goals of section 552 of title 5, United States Code. DATES: *Effective Date:* This rule is effective December 19, 2007. FOR FURTHER INFORMATION CONTACT: Mr. James Hogan, 703-696-4495. SUPPLEMENTARY INFORMATION: Executive Order 12866, “Regulatory Planning and Review” On June 15, 2007, the Department of Defense published a proposed rule (72 FR 33180). No comments were received. It has been certified that 32 CFR part 285 does not:

(1)Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy; a section of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribunal governments or communities;

(2)Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency;

(3)Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or

(4)Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order. Section 202, Pub. L. 104-4, “Unfunded Mandates Reform Act” It has been certified that 32 CFR part 285 does not contain a Federal mandate that may result in the expenditure by State, local and tribunal governments, in aggregate, or by the private sector, of $100 million or more in any one year. Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. 601) It has been certified that 32 CFR part 285 is not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if promulgated, have a significant economic impact on a substantial number of small entities. Public Law 96-511, “Paperwork Reduction Act” (44 U.S.C. Chapter 35) It has been certified that 32 CFR part 285 does not impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995. Executive Order 13132, “Federalism” It has been certified that 32 CFR part 285 does not have federalism implications, as set forth in Executive Order 13132. This rule does not have substantial direct effects on:

(1)The States;

(2)The relationship between the National Government and the States; or

(3)The distribution of power and responsibilities among the various levels of Government. List of Subjects in 32 CFR Part 285 Freedom of information. Accordingly, 32 CFR part 285 is revised as follows. PART 285—DOD FREEDOM OF INFORMATION ACT

(FOIA)PROGRAM Sec 285.1 Purpose. 285.2 Applicability and scope. 285.3 Policy. 285.4 Responsibilities. 285.5 Information requirements. Authority: 5 U.S.C. 552. § 285.1 Purpose. This part:

(a)Updates policies and responsibilities for implementing the DoD FOIA Program in accordance with 5 U.S.C. 552 (commonly known as the “FOIA”).

(b)Continues to authorize 32 CFR part 286 to implement the FOIA Program.

(c)Implements E.O. 13392 within the Department of Defense.

(d)Continues to delegate authorities and responsibilities for the effective administration of the FOIA Program consistent with DoD Directive 5105.53 1 . 1 Copies of DoD Directives, Instructions, and Publications may be obtained at *http://www.dtic.mil/whs/directives/.* § 285.2 Applicability. This part applies to:

(a)The Office of the Secretary of Defense (OSD), the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities in the Department of Defense (hereafter referred to collectively as the “DoD Components”).

(b)National Security Agency/Central Security Service records, unless the records are exempt according to 50 U.S.C. 402.

(c)Defense Intelligence Agency, National Reconnaissance Office, and National Geospatial-Intelligence Agency records, unless the records are exempt according to 50 U.S.C. 403-5e, 10 U.S.C. 424 and 455, or other applicable law. § 295.3 Policy. It is DoD policy to:

(a)Promote public trust by making the maximum amount of information available to the public, in both hard copy and electronic formats, on the operation and activities of the Department of Defense, consistent with the DoD responsibility to protect national security and other sensitive DoD information.

(b)Allow a requester to obtain records from the Department of Defense that are available through other public information services without invoking the FOIA.

(c)Make available, according to the procedures established by DoD 32 CFR part 286, DoD records requested by a member of the public who explicitly or implicitly cites the FOIA.

(d)Answer promptly all other requests for DoD information and records under established procedures and practices.

(e)Release DoD records to the public unless those records are exempt from disclosure as outlined in 5 U.S.C. 552.

(f)Process requests by individuals for access to records about themselves contained in a Privacy Act system of records according to the procedures set forth in 32 CFR part 310 and this part, as amplified by DoD 32 CFR part 286.

(g)Provide FOIA requesters with citizen-centered ways to learn about the FOIA process, about DoD records that are publicly available, and about the status of a FOIA request and appropriate information about the DoD response. § 285.4 Responsibilities.

(a)The Director, Administration and Management (DA&M) shall:

(1)Serve as the DoD Chief FOIA Officer in accordance with E.O. 13392.

(2)Direct and oversee the DoD FOIA Program to ensure compliance with the policies and procedures that govern administration of the program.

(3)Designate the FOIA Public Liaisons for the Department of Defense in accordance E.O. 13392. The FOIA Public Liaisons for OSD, the Office of the Chairman of the Joint Chiefs of Staff, and the Combatant Commands shall be appointed from the Defense Freedom of Information Policy Office (DFOIPO).

(4)Prepare and submit to the Attorney General the DoD Annual Freedom of Information Act Report as required by 5 U.S.C. 552 and other reports as required by E.O. 13392.

(5)Serve as the appellate authority for appeals to the decisions of the respective Initial Denial Authorities within OSD, the Office of the Chairman of the Joint Chiefs of Staff, the DoD Field Activities (listed in DoD 32 CFR part 286), and the Combatant Commands. The DA&M may delegate this responsibility to an appropriate member of the DA&M or Washington Headquarters Services

(WHS)staff.

(6)Prepare and maintain a DoD issuance and other discretionary information to ensure timely and reasonably uniform implementation of the FOIA in the Department of Defense.

(b)The Director, WHS, under the authority, direction, and control of the DA&M, shall administer the FOIA Program, inclusive of training, for OSD and the Office of the Chairman of the Joint Chiefs of Staff.

(c)The General Counsel of the Department of Defense shall:

(1)Provide uniformity in the legal interpretation of this part.

(2)Ensure affected OSD legal advisors, public affairs officers, and legislative affairs officers are aware of releases through litigation channels that may be of significant public, media, or Congressional interest or of interest to senior DoD officials.

(3)Establish procedures to centralize processing of FOIA litigation documents when deemed necessary.

(d)The Under Secretary of Defense for Intelligence shall establish uniform procedures regarding the declassification of national security information made pursuant to requests invoking the FOIA.

(e)The Heads of the DoD Components shall:

(1)Internally administer the DoD FOIA Program; publish any instructions necessary for the administration of this part within their Components that are not prescribed by this part or by other DA&M issuances in the **Federal Register** .

(2)Serve as, or appoint another Component official as, the FOIA appellate authority for the Component.

(3)Establish one or more FOIA Requester Service Centers as prescribed by E.O. 13392.

(4)Submit names of personnel to the DA&M for designation as FOIA Public Liaisons.

(5)Ensure their respective chains of command, affected legal advisors, public affairs officers, and legislative affairs officers are aware of releases through the FOIA, inclusive of releases through litigation channels, that may be of significant public, media, or Congressional interest or of interest to senior DoD officials.

(6)Conduct training on the provisions of this part, 5 U.S.C. 552, and DoD 32 CFR part 286 for officials and employees who implement the FOIA.

(7)Submit to DFOIPO inputs to the DoD FOIA Annual Report prescribed in DoD 32 CFR part 286 and E.O. 13392.

(8)Make the records specified in 5 U.S.C. 552(a)(2) unless such records are published and copies are offered for sale, available for public inspection and copying in an appropriate facility or facilities according to rules published in the **Federal Register** . These records shall be made available to the public in both hard copy and electronic formats.

(9)Maintain and make current indices of all records available for public inspection and copying as required by 5 U.S.C. 552(a)(2). § 285.5 Information requirements. Reporting requirements are in DoD 32 CFR part 286 and have been assigned Report Control Symbol DD-DA&M(A)1365 in accordance with DoD 8910.1-M. Dated: December 11, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, DoD. [FR Doc. E7-24355 Filed 12-18-07; 8:45 am] BILLING CODE 5001-06-P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 382 [Docket No. 2006-1 CRB DSTRA] Adjustment of Rates and Terms for Preexisting Subscription and Satellite Digital Audio Radio Services AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Final rule. SUMMARY: The Copyright Royalty Judges are publishing final regulations setting the royalty rates and terms for the use of sound recordings and the making of ephemeral phonorecords by preexisting subscription services for the period 2008-2012. DATES: *Effective Date:* January 1, 2008. *Applicability Date:* The regulations apply to the license period January 1, 2008, through December 31, 2012. FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or Gina Giuffreda, Attorney-Advisor, by telephone at

(202)707-7658 or e-mail at *crb@loc.gov* . SUPPLEMENTARY INFORMATION: Background Section 106(6) of the Copyright Act, title 17 of the United States Code, gives a copyright owner of sound recordings an exclusive right to perform the copyrighted works publicly by means of a digital audio transmission. This right is limited by section 114(d), which allows certain non-interactive digital audio services, including preexisting subscription services, to make digital transmissions of a sound recording under a compulsory license, provided the services pay a reasonable royalty fee and comply with the terms of the license. Moreover, these services may make any necessary ephemeral reproductions to facilitate the digital transmission of the sound recording under a second license set forth in section 112(e) of the Copyright Act. The terms and rates for this statutory license have been adjusted periodically by the Librarian of Congress and appear in 37 CFR Part 260. However, the Copyright Royalty and Distribution Reform Act of 2004, Public Law 108-419, transferred jurisdiction over these rates and terms to the Copyright Royalty Judges (“Judges”). 17 U.S.C. 801(b)(1). The current rates applicable to preexisting subscription services expire on December 31, 2007. On January 9, 2006, pursuant to 17 U.S.C. 803(b)(1)(A)(i)(V), the Copyright Royalty Judges published a notice in the **Federal Register** announcing the commencement of the proceeding to determine rates and terms of royalty payments under sections 114 and 112 for the activities of preexisting subscription services 1 and requesting interested parties to submit their petitions to participate. 71 FR 1455 (January 9, 2006). Petitions to participate in the proceeding were received from SoundExchange, Inc. and Music Choice. 1 The Notice also commenced and requested Petitions to Participate for the proceeding to determine rates and terms for preexisting satellite digital audio radio services (“SDARS”), as required under section 804(b)(3)(B). Unlike the preexisting subscription services, the SDARS did not reach a settlement regarding rates and terms governing their activities under sections 112 and 114 and proceeded to a full hearing before the Judges. Today's final rule applies only to preexisting subscription services. The Judges set the schedule for the proceeding, including the dates for the filing of written direct statements as well as the dates for oral testimony. Subsequent to the filing of their written direct statements, but prior to the oral presentation of witnesses, SoundExchange and Music Choice informed the Judges that they had reached a full settlement and stated that the settlement agreement would be submitted to the Judges “for approval and adoption pursuant to 17 U.S.C. 801(b)(7)(A).” Notice of Settlement at 1-2 (filed June 12, 2007). The settlement agreement, including the proposed rates and terms, was filed on October 12, 2007. Section 801(b)(7)(A) allows for the adoption of rates and terms negotiated by “some or all of the participants in a proceeding at any time during the proceeding” provided they are submitted to the Copyright Royalty Judges for approval. This section provides that in such event:

(i)The Copyright Royalty Judges shall provide to those that would be bound by the terms, rates, or other determination set by any agreement in a proceeding to determine royalty rates an opportunity to comment on the agreement and shall provide to participants in the proceeding under section 803(b)(2) that would be bound by the terms, rates, or other determination set by the agreement an opportunity to comment on the agreement and object to its adoption as a basis for statutory terms and rates; and

(ii)The Copyright Royalty Judges may decline to adopt the agreement as a basis for statutory terms and rates for participants that are not parties to the agreement, if any participant described in clause

(i)objects to the agreement and the Copyright Royalty Judges conclude, based on the record before them if one exists, that the agreement does not provide a reasonable basis for setting statutory terms or rates. 17 U.S.C. 801(b)(7)(A). Accordingly, on October 31, 2007, the Judges published a Notice of Proposed Rulemaking (“NPRM”) requesting comment on the proposed rates and terms, with certain modifications, submitted to the Judges. 72 FR 61585. Comments were due by November 30, 2007. In response to the NPRM, the Judges received only one comment, which was submitted by SoundExchange, supporting the adoption of the proposed regulations. Having received no objections from a party that would be bound by the proposed rates and terms and that would be willing to participate in further proceedings, the Copyright Royalty Judges, by this notice, are adopting final regulations which set the rates and terms for the activities of preexisting subscription services under sections 114 and 112 for the license period 2008-2012. 2 2 As noted in the NPRM, Part 382 will also contain the rates and terms governing the SDARS' activities under sections 112 and 114. *See* 72 FR 61586 n.1. Consequently, the heading for Part 382 is revised to reflect the inclusion of those rates and terms. In addition, the rates and terms adopted today will appear as Subpart A while the rates and terms for the SDARS will appear in Subpart B. The SDARS' rates and terms will be published in a separate document. Effective Date The final regulations adopted today are effective on January 1, 2008, which is less than 30 days from publication of the notice of the final rule. Section 553 of the Administrative Procedure Act, 5 U.S.C., provides that final rules shall not be effective less than 30 days from their publication unless, *inter alia* , the agency finds good cause, a description of which must be published with the rule. 5 U.S.C. 553(d)(3). Good cause exists in this case. The final rules adopted today are the product of negotiations between representatives of the copyright owners of sound recordings and the preexisting subscription services performing those sound recordings. All interested parties affected by these rates and terms already have had the opportunity to participate in the process, and any additional interested parties were afforded further opportunity to participate when the Copyright Royalty Judges published them as proposed rules in the ** Federal Register ** on October 31, 2007. 72 FR 61585. The parties who negotiated the final rules have the expectation that they will become effective on January 1, 2008. Even those parties affected by the rules who did not participate in their negotiation are aware that the current rates applicable to preexisting subscription services expire on December 31, 2007, with the next license period to begin on January 1, 2008. See 72 FR 61586 (October 31, 2007). Although the notice of settlement was filed in June 2007, the settlement, including proposed rates and terms, was not submitted to the Judges for adoption and approval until October. The proposed rates and terms then were published promptly for comment, affording interested parties an appropriate period in which to submit comments and/or objections. Final regulations could not be adopted until after the expiration of the comment deadline, which was November 30. Because of these circumstances, and because no parties affected by these rules are prejudiced, good cause exists that they become effective less than 30 days from date of publication of this Notice. List of Subjects in 37 CFR Part 382 Copyright, Digital audio transmissions, Performance right, Sound recordings. Final Regulations For the reasons set forth in the preamble, the Copyright Royalty Judges are adding part 382 to Chapter III of title 37 of the Code of Federal Regulations to read as follows: PART 382—RATES AND TERMS FOR DIGITAL TRANSMISSIONS OF SOUND RECORDINGS AND THE REPRODUCTION OF EPHEMERAL RECORDINGS BY PREEXISTING SUBSCRIPTION SERVICES AND PREEXISTING SATELLITE DIGITAL AUDIO RADIO SERVICES Subpart A—Preexisting Subscription Services Sec. 382.1 General. 382.2 Royalty fees for the digital performance of sound recordings and the making of ephemeral phonorecords by preexisting subscription services. 382.3 Terms for making payment of royalty fees. 382.4 Confidential information and statements of account. 382.5 Verification of statements of account. 382.6 Verification of royalty payments. 382.7 Unknown copyright owners. Subpart B—[Reserved] Authority: 17 U.S.C. 112(e), 114 and 801(b)(1). Subpart A—Preexisting Subscription Services § 382.1 General.

(a)This subpart establishes rates and terms of royalty payments for the public performance of sound recordings by nonexempt preexisting subscription services in accordance with the provisions of 17 U.S.C. 114(d)(2), and the making of ephemeral phonorecords in connection with the public performance of sound recordings by nonexempt preexisting subscription services in accordance with the provisions of 17 U.S.C. 112(e).

(b)Upon compliance with 17 U.S.C. 114 and the terms and rates of this subpart, nonexempt preexisting subscription services may engage in the activities set forth in 17 U.S.C. 114(d)(2).

(c)Upon compliance with 17 U.S.C. 112(e) and the terms and rates of this subpart, nonexempt preexisting subscription services may engage in the activities set forth in 17 U.S.C. 112(e) without limit to the number of ephemeral phonorecords made.

(d)For the purposes of this subpart, *Licensee* means any preexisting subscription service as defined in 17 U.S.C. 114(j)(11). § 382.2 Royalty fees for the digital performance of sound recordings and the making of ephemeral phonorecords by preexisting subscription services.

(a)Commencing January 1, 2008, and continuing through December 31, 2011, a Licensee's monthly royalty fee for the public performance of sound recordings pursuant to 17 U.S.C. 114(d)(2) and the making of any number of ephemeral phonorecords to facilitate such performances pursuant to 17 U.S.C. 112(e) shall be 7.25% of such Licensee's monthly gross revenues resulting from residential services in the United States.

(b)Commencing January 1, 2012, and continuing through December 31, 2012, a Licensee's monthly royalty fee for the public performance of sound recordings pursuant to 17 U.S.C. 114(d)(2) and the making of any number of ephemeral phonorecords to facilitate such performances pursuant to 17 U.S.C. 112(e) shall be 7.5% of such Licensee's monthly gross revenues resulting from residential services in the United States.

(c)Each Licensee making digital performances of sound recordings pursuant to 17 U.S.C. 114(d)(2) and ephemeral phonorecords pursuant to 17 U.S.C. 112(e) shall make an advance payment of $100,000 per year, payable no later than January 20th of each year. The annual advance payment shall be nonrefundable, but the royalties due and payable for a given year or any month therein under paragraphs

(a)and

(b)of this section shall be recoupable against the annual advance payment for such year; Provided, however, that any unused annual advance payment for a given year shall not carry over into a subsequent year.

(d)A Licensee shall pay a late fee of 1.5% per month, or the highest lawful rate, whichever is lower, for any payment received after the due date. Late fees shall accrue from the due date until payment is received. (e)(1) For purposes of this section, *gross revenues* shall mean all monies derived from the operation of the programming service of the Licensee and shall be comprised of the following:

(i)Monies received by Licensee from Licensee's carriers and directly from residential U.S. subscribers for Licensee's programming service;

(ii)Licensee's advertising revenues (as billed), or other monies received from sponsors, if any, less advertising agency commissions not to exceed 15% of those fees incurred to a recognized advertising agency not owned or controlled by Licensee;

(iii)Monies received for the provision of time on the programming service to any third party;

(iv)Monies received from the sale of time to providers of paid programming such as infomercials;

(v)Where merchandise, service, or anything of value is received by Licensee in lieu of cash consideration for the use of Licensee's programming service, the fair market value thereof or Licensee's prevailing published rate, whichever is less;

(vi)Monies or other consideration received by Licensee from Licensee's carriers, but not including monies received by Licensee's carriers from others and not accounted for by Licensee's carriers to Licensee, for the provision of hardware by anyone and used in connection with the programming service;

(vii)Monies or other consideration received for any references to or inclusion of any product or service on the programming service; and

(viii)Bad debts recovered regarding paragraphs (e)(1)(i) through

(vii)of this section.

(2)Gross revenues shall include such payments as set forth in paragraphs (e)(1)(i) through

(viii)of this section to which Licensee is entitled but which are paid to a parent, subsidiary, division, or affiliate of Licensee, in lieu of payment to Licensee but not including payments to Licensee's carriers for the programming service. Licensee shall be allowed a deduction from “gross revenues” as defined in paragraph (e)(1) of this section for affiliate revenue returned during the reporting period and for bad debts actually written off during reporting period.

(f)During any given payment period, the value of each performance of each digital sound recording shall be the same. § 382.3 Terms for making payment of royalty fees.

(a)*Payment to the Collective.* All royalty payments shall be made to the Collective designated for the collection and distribution of royalties for the 2008-2012 time period, which shall be SoundExchange.

(b)*Timing of payment.* Payment shall be made on the forty-fifth day after the end of each month for that month, commencing with the month succeeding the month in which the royalty fees are set.

(c)*Distribution of royalties.*

(1)The Collective shall promptly distribute royalties received from Licensees to copyright owners and performers, or their designated agents, that are entitled to such royalties. The Collective shall only be responsible for making distributions to those copyright owners, performers, or their designated agents who provide the Collective with such information as is necessary to identify the correct recipient. The Collective shall distribute royalties on a basis that values all performances by a Licensee equally based upon the information provided under the reports of use requirements for Licensees contained in § 370.2 of this chapter.

(2)If the Collective is unable to locate a copyright owner or performer entitled to a distribution of royalties under paragraph (c)(1) of this section within 3 years from the date of payment by a Licensee, such distribution may first be applied to the costs directly attributable to the administration of that distribution. The foregoing shall apply notwithstanding the common law or statutes of any State. § 382.4 Confidential information and statements of account.

(a)For purposes of this subpart, confidential information shall include statements of account and any information pertaining to the statements of account designated as confidential by the nonexempt preexisting subscription service filing the statement. Confidential information shall also include any information so designated in a confidentiality agreement which has been duly executed between a nonexempt preexisting subscription service and an interested party, or between one or more interested parties; Provided that all such information shall be made available, for the verification proceedings provided for in §§ 382.5 and 382.6.

(b)Nonexempt preexisting subscription services shall submit monthly statements of account on a form provided by the Collective and the monthly royalty payments.

(c)A statement of account shall include only such information as is necessary to verify the accompanying royalty payment. Additional information beyond that which is sufficient to verify the calculation of the royalty fees shall not be included on the statement of account.

(d)Access to the confidential information pertaining to the royalty payments shall be limited to:

(1)Those employees, agents, consultants and independent contractors of the Collective, subject to an appropriate confidentiality agreement, who are engaged in the collection and distribution of royalty payments hereunder and activities directly related hereto, who are not also employees or officers of a sound recording copyright owner or performing artist, and who, for the purpose of performing such duties during the ordinary course of employment, require access to the records; and

(2)An independent and qualified auditor who is not an employee or officer of a sound recording copyright owner or performing artist, but is authorized to act on behalf of the interested copyright owners with respect to the verification of the royalty payments.

(3)Copyright owners and performers whose works have been used under the statutory licenses set forth in 17 U.S.C. 112(e) and 114(f) by the Licensee whose Confidential Information is being supplied, or agents thereof, subject to an appropriate confidentiality agreement, provided that the sole confidential information that may be shared pursuant to this paragraph (d)(3) are the monthly statements of account that accompany royalty payments.

(e)The Collective or any person identified in paragraph

(d)of this section shall implement procedures to safeguard all confidential financial and business information, including, but not limited to royalty payments, submitted as part of the statements of account, using a reasonable standard of care, but no less than the same degree of security used to protect confidential financial and business information or similarly sensitive information belonging to the Collective or such person.

(f)Books and records relating to the payment of the license fees shall be kept in accordance with generally accepted accounting principles for a period of three years. These records shall include, but are not limited to, the statements of account, records documenting an interested party's share of the royalty fees, and the records pertaining to the administration of the collection process and the further distribution of the royalty fees to those interested parties entitled to receive such fees. § 382.5 Verification of statements of account.

(a)*General.* This section prescribes general rules pertaining to the verification of the statements of account by interested parties according to terms promulgated by the Copyright Royalty Board.

(b)*Frequency of verification.* Interested parties may conduct a single audit of a nonexempt preexisting subscription service during any given calendar year.

(c)*Notice of intent to audit.* Interested parties must submit a notice of intent to audit a particular service with the Copyright Royalty Board, which shall publish in the **Federal Register** a notice announcing the receipt of the notice of intent to audit within 30 days of the filing of the interested parties' notice. Such notification of intent to audit shall also be served at the same time on the party to be audited.

(d)*Retention of records.* The party requesting the verification procedure shall retain the report of the verification for a period of three years.

(e)*Acceptable verification procedure.* An audit, including underlying paperwork, which was performed in the ordinary course of business according to generally accepted auditing standards by an independent auditor, shall serve as an acceptable verification procedure for all parties.

(f)*Costs of the verification procedure.* The interested parties requesting the verification procedure shall pay for the cost of the verification procedure, unless an independent auditor concludes that there was an underpayment of five

(5)percent or more; in which case, the service which made the underpayment shall bear the costs of the verification procedure.

(g)*Interested parties.* For purposes of this section, interested parties are those copyright owners who are entitled to receive royalty fees pursuant to 17 U.S.C. 114(g), their designated agents, or the Collective. § 382.6 Verification of royalty payments.

(a)*General.* This section prescribes general rules pertaining to the verification of the payment of royalty fees to those parties entitled to receive such fees, according to terms promulgated by the Copyright Royalty Board.

(b)*Frequency of verification.* Interested parties may conduct a single audit of the Collective during any given calendar year.

(c)*Notice of intent to audit.* Interested parties must submit a notice of intent to audit the entity making the royalty payment with the Copyright Royalty Board, which shall publish in the **Federal Register** a notice announcing the receipt of the notice of intent to audit within 30 days of the filing of the interested parties' notice. Such notification of interest shall also be served at the same time on the party to be audited.

(d)*Retention of records.* The interested party requesting the verification procedure shall retain the report of the verification for a period of three years.

(5)percent or more, in which case, the entity which made the underpayment shall bear the costs of the verification procedure.

(g)*Interested parties.* For purposes of this section, interested parties are those who are entitled to receive royalty payments pursuant to 17 U.S.C. 114(g)(2), or their designated agents. § 382.7 Unknown copyright owners. If the Collective is unable to identify or locate a copyright owner or performer who is entitled to receive a royalty distribution under this subpart, the Collective shall retain the required payment in a segregated trust account for a period of 3 years from the date of distribution. No claim to such distribution shall be valid after the expiration of the 3-year period. After expiration of this period, the Collective may apply the unclaimed funds to offset any costs deductible under 17 U.S.C. 114(g)(3). The foregoing shall apply notwithstanding the common law or statutes of any State. Subpart B—[Reserved] Dated: December 14, 2007. James Scott Sledge, Chief Copyright Royalty Judge. [FR Doc. E7-24625 Filed 12-18-07; 8:45 am] BILLING CODE 1410-72-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2007-1057; FRL-8339-2] Extension of Tolerances for Emergency Exemptions (Multiple Chemicals) AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This regulation extends time-limited tolerances for the pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION . These actions are in response to EPA's granting of emergency exemptions under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA. DATES: This regulation is effective December 19, 2007. Objections and requests for hearings must be received on or before February 19, 2008, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION ). ADDRESSES: EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPP-2007-1057. To access the electronic docket, go to *http://www.regulations.go* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. All documents in the docket are listed in the docket index available in regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the Office of Pesticide Programs

(OPP)Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is

(703)305-5805. FOR FURTHER INFORMATION CONTACT: See the table in this unit for the name of a specific contact person. The following information applies to all contact persons: Emergency Response Team, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001 Pesticide/CFR Citation Contact Person Bifenazate, 180.572 Thiabendazole, 180.242 Thiophanate-methyl, 180.371 Andrea Conrath *conrath.andrea@epa.gov*

(703)308-9356 Chlorothalonil, 180.275 Myclobutanil, 180.443 Thiophanate-methyl, 180.371 Stacey Groce *groce.stacey@epa.gov*

(703)305-2505 Hexythiazox, 180.448 Sulfentrazone, 180.498 Zeta-cypermethrin, 180.418 Andrew Ertman *ertman.andrew@epa.gov*

(703)308-9367 Mesotrione, 180.571 Tebuconazole, 180.474 Libby Pemberton *pemberton.libby@epa.gov*

(703)308-9364 SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions discussed above. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Access Electronic Copies of this Document? In addition to accessing an electronic copy of this **Federal Register** document through the electronic docket at *http://www.regulations.gov* , you may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . You may also access a frequently updated electronic version of 40 CFR part 180 through the Government Printing Office's pilot e-CFR site at *http://www.gpoaccess.gov/ecfr* . C. Can I File an Objection or Hearing Request? Under section 408(g) of FFDCA, as amended by FQPA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. The EPA procedural regulations which govern the submission of objections and requests for hearings appear in 40 CFR part 178. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2007-1057 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk on or before February 19, 2008. In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing that does not contain any CBI for inclusion in the public docket that is described in ADDRESSES . Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit your copies, identified by docket ID number EPA-HQ-OPP-2007-1057, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is

(703)305-5805. II. Background and Statutory Findings EPA published final rules in the **Federal Register** for each pesticide listed. The initial issuance of these final rules announced that EPA, on its own initiative, under section 408 of FFDCA, 21 U.S.C. 346a, as amended by the Food Quality Protection Act of 1996

(FQPA)(Public Law 104-170), was establishing time-limited tolerances. EPA established the tolerances because section 408(l)(6) of FFDCA requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA under FIFRA section 18. Such tolerances can be established without providing notice or time for public comment. EPA received requests to extend the use of these pesticide chemicals for this year's growing season. After having reviewed these submissions, EPA concurs that emergency conditions exist. EPA assessed the potential risks presented by residues for each chemical. In doing so, EPA considered the safety standard in section 408(b)(2) of FFDCA, and decided that the necessary tolerances under section 408(l)(6) of FFDCA would be consistent with the safety standard and with FIFRA section 18. The data and other relevant material have been evaluated and discussed in the final rules originally published to support these uses. Based on that data and information considered, the Agency reaffirms that extension of these time-limited tolerances will continue to meet the requirements of section 408(l)(6) of FFDCA. Therefore, the time-limited tolerances are extended until the dates listed. EPA will publish a document in the **Federal Register** to remove the revoked tolerances from the Code of Federal Regulations (CFR). Although these tolerances will expire and are revoked on the date listed, under section 408(l)(5) of FFDCA, residues of the pesticide not in excess of the amounts specified in the tolerances remaining in or on the commodities after that date will not be unlawful, provided the residues are present as a result of an application or use of a pesticide at a time and in a manner that was lawful under FIFRA, the tolerances were in place at the time of the application, and the residues do not exceed the levels that were authorized by the tolerances. EPA will take action to revoke these tolerances earlier if any experience with, scientific data on, or other relevant information on these pesticides indicate that the residues are not safe Tolerances for the use of the following pesticide chemicals on specific commodities are being extended: 1. *Bifenazate* . EPA has authorized under FIFRA section 18 the use of bifenazate on Timothy grass for control of Banks grass mite in Nevada. This regulation extends time-limited tolerances for combined residues of the miticide bifenazate (1-methylethyl 2-(4-methoxy[1,1'-biphenyl]-3-yl)hydrazinecarboxylate) and its metabolite, diazinecarboxylic acid (2-(4-methoxy-[1,1'-biphenyl]-3-yl, 1-methylethyl ester) in or on Timothy forage at 50 parts per million

(ppm)and Timothy hay at 150 ppm for an additional 3-year period. These tolerances will expire and are revoked on December 31, 2010. The document establishing time-limited tolerances originally published in the **Federal Register** of January 28, 2005 (70 FR 4032) (FRL-7696-2). 2. *Chlorothalonil* . EPA has authorized under FIFRA section 18 the use of chlorothalonil on ginseng for control of botrytis leaf, stem, and flower blight in Michigan and Wisconsin. This regulation extends a time-limited tolerance for combined residues of the fungicide chlorothalonil and its metabolite 4-hydroxy-2,5,6-trichloroisophthalonitrile in or on ginseng, root at 0.1 ppm for an additional 1-year period. This tolerance will expire and is revoked on December 31, 2008. A time-limited tolerance was originally published in the **Federal Register** of December 12, 1997 (62 FR 65369) (FRL-5759-5). 3. *Hexythiazox* . EPA has authorized under FIFRA section 18 the use of hexythiazox on field corn for control of spider mites in Texas. This regulation extends time-limited tolerances for combined residues of the miticide hexythiazox (trans-5-(4-chlorophenyl)-N-cyclohexyl-4-methyl-2-oxothiazolidine-3-carboxamide) and its metabolites containing the (4-chlorophenyl)-4-methyl-2-oxo-3-thiazolidine moiety in or on corn, field, grain at 0.05 ppm; and corn, field, forage and corn, field, stover at 2.0 ppm for an additional 3-year period. These tolerances will expire and are revoked on December 31, 2010. The document establishing time-limited tolerances originally published in the **Federal Register** of November 10, 2004 (69 FR 65073) (FRL-7684-2). 4. *Mesotrione* . EPA has authorized under FIFRA section 18 the use of mesotrione on cranberry for control of broadleaf weeds in Oregon, Washington, and Wisconsin. This regulation extends a time-limited tolerance for residues of the herbicide mesotrione (2-[4-(methylsulfonyl)-2-nitrobenzoyl]-1,3-cyclohexanedione) in or on cranberry at 0.01 ppm for an additional 3-year period. This tolerance will expire and is revoked on December 31, 2010. A time-limited tolerance was originally published in the **Federal Register** of September 30, 2004 (69 FR 58304) (FRL-7678-8). 5. *Myclobutanil* . EPA has authorized under FIFRA section 18 the use of myclobutanil on artichokes for control of powdery mildew in California. This regulation extends a time-limited tolerance for combined residues of the fungicide myclobutanil (alpha-butyl-alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile) and its alcohol metabolite (alpha-(3-hydroxybutyl)-alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile (free and bound)), in or on artichoke, globe at 1.0 ppm for an additional 2-year period. This tolerance will expire and is revoked on December 31, 2009. A time-limited tolerance was originally published in the **Federal Register** of September 16, 1998 (63 FR 49472) (FRL-6025-1). 6. *Myclobutanil* . EPA has authorized under FIFRA section 18 the use of myclobutanil on peppers for control of powdery mildew in California and New Mexico. This regulation extends a time-limited tolerance for combined residues of the fungicide myclobutanil (alpha-butyl-alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile) and its alcohol metabolite (alpha-(3-hydroxybutyl)-alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile (free and bound)), in or on peppers at 1.0 ppm for an additional 1.5 -year period. This tolerance will expire and is revoked on December 31, 2009. A time-limited tolerance was originally published in the **Federal Register** of September 16, 1998 (63 FR 49472) (FRL-6025-1). 7. *Sulfentrazone* . EPA has authorized under FIFRA section 18 the use of sulfentrazone on flax for control of Kochia in North Dakota. This regulation extends a time-limited tolerance for combined residues of the herbicide sulfentrazone, N-[2,4-dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]phenyl] methanesulfonamide and its metabolites 3-hydroxymethyl sulfentrazone

(HMS)and 3-desmethyl sulfentrazone

(DMS)in or on flax, seed at 0.2 ppm for an additional 3-year period. This tolerance will expire and is revoked on December 31, 2010. A time-limited tolerance was originally published in the **Federal Register** of August 21, 2002 (67 FR 54111) (FRL-7191-5). 8. *Sulfentrazone* . EPA has authorized under FIFRA section 18 the use of sulfentrazone on strawberry for control of various broadleaf weeds in Iowa, Michigan, Ohio, Oregon, Washington, and Wisconsin. This regulation extends a time-limited tolerance for combined residues of the herbicide sulfentrazone, N-[2,4-dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]phenyl] methanesulfonamide and its metabolites 3-hydroxymethyl sulfentrazone

(HMS)and 3-desmethyl sulfentrazone

(DMS)in or on strawberry at 0.60 ppm for an additional 3-year period. This tolerance will expire and is revoked on December 31, 2010. A time-limited tolerance was originally published in the **Federal Register** of August 1, 2001 (66 FR 39651) (FRL-6793-1). 9. *Tebuconazole* . EPA has authorized under FIFRA section 18 the use of tebuconazole (alpha-[2-(4-chlorophenyl)-ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-ethanol) on garlic for control of garlic rust in California. This regulation extends a time-limited tolerance for residues of the fungicide tebuconazole (alpha-[2-(4-chlorophenyl)-ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-ethanol) in or on garlic at 0.1 ppm for an additional 1-year period. This tolerance will expire and is revoked on December 31, 2008. A time-limited tolerance was originally published in the **Federal Register** of May 26, 1999 (64 FR 28377) (FRL-6079-1). 10. *Thiabendazole* . EPA has authorized under FIFRA section 18 the use of thiabendazole on lentils for control of Ascochyta blight in Idaho, Montana, North Dakota, Oregon, and Washington. This regulation extends a time-limited tolerance for residues of the fungicide thiabendazole in or on lentil, seed at 0.1 ppm for an additional 1-year period. This tolerance will expire and is revoked on December 31, 2008. A time-limited tolerance was originally published in the **Federal Register** of February 25, 1998 (63 FR 9435) (FRL-5767-6). 11. *Thiophanate-methyl* . EPA has authorized under FIFRA section 18 the use of thiophanate-methyl on cotton for control of fusarium hardlock in Florida. This regulation extends time-limited tolerances for combined residues of the fungicide thiophanate-methyl and its metabolite methyl 2-benzimidazoyl carbamate

(MBC)in or on cotton, undelinted seed at 0.05 ppm and cotton, gin byproducts at 5.0 ppm for an additional 1 -year period. These tolerances will expire and are revoked on December 31, 2008. The document establishing time-limited tolerances originally published in the **Federal Register** of March 23, 2005 (70 FR 14551) (FRL-7699-3). 12. *Thiophanate-methyl* . EPA has authorized under FIFRA section 18 the use of thiophanate-methyl on mushrooms for control of green mold in California, Colorado, Delaware, Maryland, Oregon, Pennsylvania, and Washington. This regulation extends a time-limited tolerance for combined residues of the fungicide thiophanate-methyl and its metabolite methyl 2-benzimidazoyl carbamate

(MBC)in or on mushroom at 0.01 ppm for an additional 1-year period. This tolerance will expire and is revoked on December 31, 2008. A time-limited tolerance was originally published in the **Federal Register** of February 5, 2003 (68 FR 5847) (FRL-7285-9). 13. *Zeta-cypermethrin* . EPA has authorized under FIFRA section 18 the use of zeta-cypermethrin on flax for control of grasshoppers in North Dakota. This regulation extends time-limited tolerances for combined residues of the insecticide zeta-cypermethrin (S-cyano(3-phenoxyphenyl) methyl (±))(cis-trans3-(2,2-dichloroethenyl)-2,2 dimethylcyclopropanecarboxylate and its inactive R-isomers in or on flax, meal and flax, seed, each at 0.2 ppm for an additional 3-year period. These tolerances will expire and are revoked on December 31, 2010. The document establishing time-limited tolerances originally published in the **Federal Register** of September 4, 2002 (67 FR 56490) (FRL-7197-7). III. Statutory and Executive Order Reviews This final rule establishes tolerances under section 408(d) of FFDCA in response to petitions submitted to the Agency. The Office of Management and Budget

(OMB)has exempted these types of actions from review under Executive Order 12866, entitled *Regulatory Planning and Review* (58 FR 51735, October 4, 1993). Because this rule has been exempted from review under Executive Order 12866, this rule is not subject to Executive Order 13211, *Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use* (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled *Protection of Children from Environmental Health Risks and Safety Risks* (62 FR 19885, April 23, 1997). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 *et seq* ., nor does it require any special considerations under Executive Order 12898, entitled *Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations* (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under section 408(d) of FFDCA, such as the tolerances in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq* .) do not apply. This final rule directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of FFDCA. As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled *Federalism* (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled *Consultation and Coordination with Indian Tribal Governments* (65 FR 67249, November 6, 2000) do not apply to this rule. In addition, this rule does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)(Public Law 104-4). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). IV. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq* ., generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the **Federal Register** . This final rule is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: December 6, 2007. Donald R. Stubbs, Acting Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 321(q), 346a and 371. § 180.242 [Amended] 2. In § 180.242, in the table to paragraph (b), amend the entry for lentil, seed by removing the expiration date “12/31/07” and adding in its place “12/31/08.” § 180.275 [Amended] 3. In § 180.275, in the table to paragraph (b), amend the entry for ginseng by removing the expiration date “12/31/07” and adding in its place “12/31/08.” § 180.371 [Amended] 4. In § 180.371, in the table to paragraph (b), amend the entries for cotton, undelinted seed; cotton, gin products; and mushroom by removing the expiration date “12/31/07” and adding in its place “12/31/08.” § 180.418 [Amended] 5. In § 180.418, in the table to paragraph (b), amend the entries for flax, meal and flax, seed by removing the expiration date “6/30/08” and adding in its place “12/31/10.” § 180.443 [Amended] 6. In § 180.443, in the table to paragraph (b), amend the entry for artichoke, globe by removing the expiration date “12/31/07” and adding in its place “12/31/09”; and amend the entry for pepper by removing the expiration date “6/30/08” and adding in its place “12/31/09.” § 180.448 [Amended] 7. In § 180.448, in the table to paragraph (b), amend the entries for corn, field, grain; corn, field, forage; and corn, field, stover by removing the expiration date “12/31/07” and adding in its place “12/31/10.” § 180.474 [Amended] 8. In § 180.474, in the table to paragraph (b), amend the entry for garlic by removing the expiration date “12/31/07” and adding in its place “12/31/08.” § 180.498 [Amended] 9. In § 180.498, in the table to paragraph (b), amend the entries for flax, seed and strawberry by removing the expiration date “12/31/07” and adding in its place “12/31/10.” § 180.571 [Amended] 10. In § 180.571, in the table to paragraph (b), amend the entry for cranberry by removing the expiration date “12/31/07” and adding in its place “12/31/10.” § 180.572 [Amended] 11. In § 180.572, in the table to paragraph (b), amend the entries for Timothy, forage and Timothy, hay by removing the expiration date “12/31/07” and adding in its place “12/31/10.” [FR Doc. E7-24345 Filed 12-18-07; 8:45 am] BILLING CODE 6560-50-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213033-7033-01] RIN 0648-XD68 Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2008 Final Harvest Specifications for Groundfish AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; closures. SUMMARY: NMFS announces revisions to the 2008 final harvest specifications and prohibited species catch

(PSC)allowances for the groundfish fisheries of the Bering Sea and Aleutian Islands management area

(BSAI)and Gulf of Alaska

(GOA)that are required under the final rules implementing Amendments 80 and 85 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). This action is necessary to establish harvest limits for groundfish at the beginning of the 2008 fishing year consistent with the new allocations for Amendments 80 and 85 and to accomplish the goals and objectives of the FMP. The intended effect of this action is to conserve and manage the groundfish resources in the BSAI and in the GOA in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). DATES: The 2008 final harvest specifications and associated apportionment of reserves are effective at 0001 hrs, Alaska local time (A.l.t.), January 1, 2008, until the effective date of the 2008 and 2009 final harvest specifications for BSAI and GOA groundfish, which will be published in the **Federal Register** . ADDRESSES: Copies of the Final Alaska Groundfish Harvest Specifications Environmental Impact Statement

(EIS)and Record of Decision

(ROD)and the Final Regulatory Flexibility Analyses (FRFAs) prepared for the 2008 harvest specifications and Amendments 80 and 85 to the FMP are available on the Alaska Region website at *http://www.fakr.noaa.gov* . Printed copies can be obtained from the Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: Ellen Sebastian. Copies of the 2006 Stock Assessment and Fishery Evaluation

(SAFE)report for the groundfish resources of the BSAI, dated November 2006, are available from the North Pacific Fishery Management Council, 605 West 4th Avenue, Suite 306, Anchorage, AK 99510-2252, 907-271-2809, or from its website at *http://www.fakr.noaa.gov/npfmc* . FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228, or e-mail *mary.furuness@noaa.gov* . SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 implement the FMP and govern the groundfish fisheries in the BSAI. The North Pacific Fishery Management Council (Council) prepared the FMP, and NMFS approved it under the Magnuson-Stevens Act. General regulations governing U.S. fisheries also appear at 50 CFR part 600. The final rule implementing Amendment 80 to the BSAI FMP was published in the **Federal Register** on September 14, 2007 (72 FR 52668). Amendment 80 to the FMP allocates total allowable catch

(TAC)of specified groundfish species (Amendment 80 species) and halibut and crab prohibited species catch

(PSC)limits among several BSAI non-pollock trawl groundfish fisheries fishing sectors, and facilitates the formation of harvesting cooperatives in the non-American Fisheries Act (non-AFA) trawl catcher/processor sector. The Amendment 80 species are Atka mackerel, flathead sole, Pacific cod, rock sole, yellowfin sole, and Aleutian Islands Pacific ocean perch. In order to limit the ability of participants eligible for the Amendment 80 program to expand their harvest efforts in the GOA, Amendment 80 establishes groundfish and halibut PSC catch limits for Amendment 80 program participants in the GOA. The final rule implementing Amendment 85 to the BSAI FMP was published in the **Federal Register** on September 4, 2007 (72 FR 50788). Amendment 85 revises the current allocations of BSAI Pacific cod TAC among various harvest sectors and seasonal apportionments. Also, Amendment 85 apportions the halibut PSC allowance annually specified for the hook-and-line Pacific cod fishery between the hook-and-line catcher processor and catcher vessel sectors. With this final rule NMFS modifies those sections of the text and the tables in the 2008 final harvest specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007) and for groundfish in the GOA (72 FR 9676, March 5, 2007) that change under the final rules implementing Amendments 80 and 85. This includes Tables 1, 2, 4, 5, 7, 9, 10, 11, 12, 13, 14, and 15 from the final 2008 harvest specifications for the BSAI which may be viewed at the website *http://www.fakr.noaa.gov/frules/72fr9451.pdf* . This final rule uses the same table numbers that were used in the 2008 final harvest specifications. This action also adds a new Table 16 for BSAI flathead sole, rock sole, yellowfin sole, and Aleutian Islands Pacific ocean perch allocations required by Amendment 80. For the GOA, this final rule adds text and Tables 17 and 18 to establish sideboard limits in the Gulf of Alaska for the Amendment 80 vessels. This final rule is necessary to ensure that allocations will be in effect for Amendments 80 and 85 participants at the beginning of the 2008 fishing year. These allocations also will be incorporated in future rulemaking supporting the annual harvest specification process for the Alaska groundfish fisheries. Revisions to 2008 Final Harvest Specifications for the BSAI Table 1. The 2008 final TACs for the BSAI are within the optimum yield range established for the BSAI and do not exceed the acceptable biological catch

(ABC)for any single species or complex. Table 1 of the 2008 final harvest specifications (72 FR 9454) lists the 2008 final OFL, ABC, TAC, initial total allowable catch (ITAC), and CDQ groundfish reserve amounts for BSAI groundfish. This action does not change the 2008 OFL, ABC, TAC, or CDQ groundfish reserve amounts. However, the final rules implementing Amendments 80 and 85 modified the percentage of TAC for the directed fisheries species that are allocated to the Community Development Quota

(CDQ)program, per statutory requirements. This action does not need to revise these CDQ reserve amounts because the 2008 final harvest specifications (72 FR 9451, March 2, 2007) used the same percentage of TAC. As explained in the proposed and final rules for Amendment 80, catch in the CDQ fisheries of species in TAC categories that are not allocated to the CDQ program will be managed under the statutory and regulatory provisions for the non-CDQ groundfish fisheries. Retention of species closed to directed fishing will either be limited to maximum retainable amounts or all catch of the species will be required to be discarded. Notices of closures to directed fishing and retention requirements for these species will apply to the CDQ and non-CDQ sectors. The catch of species not allocated to the CDQ program in the CDQ fisheries will not constrain the catch of other CDQ species unless catch by all sectors approached an overfishing level (OFL). This action changes Table 1 by increasing the 2008 ITAC amounts for the Amendment 80 species from 85 percent to 89.3 percent of their respective TACs. The revised Table 1 below replaces Table 1 in the final harvest specifications (72 FR 9454). The apportionment of TAC amounts among fisheries and seasons is discussed below. BILLING CODE 6100-22-S ER19DE07.012 BILLING CODE 6100-22-C Non-specified Reserves, CDQ Reserves and the Incidental Catch Allowance

(ICA)for Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Sablefish, Yellowfin Sole, and Aleutian Islands Pacific Ocean Perch Amendment 80 fully allocates the TACs for Amendment 80 species between the ITAC (89.3 percent) and CDQ reserves (10.7 percent). Therefore, this action changes the amount of the Amendment 80 species allocated to the non-specified reserves from 7.5 percent to 0 percent. Also, for species allocated to the CDQ program, except pollock and the portion of the sablefish TAC allocated to the hook-and-line and pot gear, Amendment 80 increases the CDQ reserves from 7.5 percent to 10.7 percent. Therefore, this action changes the amount of arrowtooth flounder and Bering Sea Greenland turbot allocated to the non-specified reserves from 7.5 percent to 4.3 percent. This action also establishes ICAs for Atka mackerel, flathead sole, rock sole, yellowfin sole, and Aleutian Islands Pacific ocean perch, since Amendment 80 fully allocates these species to the BSAI trawl limited access and Amendment 80 sectors. Section 679.20(b)(1)(i) requires the placement of 15 percent of the TAC for each target species or “other species” category, except for pollock, the hook-and-line and pot gear allocation of sablefish, and the Amendment 80 species, in a non-specified reserve. Section 679.20(b)(1)(ii)(B) requires that 20 percent of the hook-and-line and pot gear allocation of sablefish be allocated to the fixed gear sablefish CDQ reserve. Section 679.20(b)(1)(ii)(D) requires the allocation of 7.5 percent of the trawl gear allocations of sablefish and 10.7 percent of the Bering Sea Greenland turbot and arrowtooth flounder TACs to the respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires the allocations of 10.7 percent of the TACs for Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod to the CDQ reserves. Sections 679.20(a)(5)(iii)(B)( *2* )( *i* ), 679.20(b)(1)(i)(A), and 679.31(a) also require the allocation of 10 percent of the BSAI pollock TACs to the pollock CDQ directed fishing allowance (DFA). The entire Bogoslof District pollock TAC is allocated as an ICA (see §§ 679.20(a)(5)(ii)). With the exception of the hook-and-line and pot gear sablefish CDQ reserve, the regulations do not further apportion the CDQ allocations by gear. Section 679.21(e)(3)(i)(A) requires withholding of 7.5 percent of the Chinook salmon PSC limit, 10.7 percent of the crab and non-Chinook salmon PSC limits, and 343 metric tons

(mt)of halibut PSC as PSQ reserves for the CDQ fisheries. Sections 679.30 and 679.31 set forth regulations governing the management of the CDQ and PSQ reserves. Pursuant to § 679.20(a)(5)(i)(A)( *1* ), NMFS allocates a pollock ICA of 2.8 percent of the Bering Sea subarea pollock TAC after subtraction of the 10 percent CDQ reserve. This allowance is unchanged from the final 2008 harvest specifications for the BSAI (72 FR 9451, March 2, 2007). Pursuant to § 679.20(a)(8) and (10), NMFS allocates new ICAs of 2,000 mt of flathead sole, 2,000 mt of rock sole, 2,000 mt of yellowfin sole, 10 mt each of Western and Central Aleutian District Pacific ocean perch and Atka mackerel, 100 mt of Eastern Aleutian District Pacific ocean perch, and 1,400 mt of Eastern Aleutian District and Bering Sea subarea Atka mackerel TACs after subtraction of the 10.7 percent CDQ reserve. These allowances are based on NMFS' examination of the incidental catch in other target fisheries from 2003 through 2006. Pursuant to § 679.20(b)(1)(i), Amendment 80 species are no longer put into a non-specified reserve. Therefore, this action removes from Table 2 the Amendment 80 species (Pacific cod, Atka mackerel and Pacific ocean perch) that were supplemented from the non-specified reserve in Table 2 of the final 2008 harvest specifications (72 FR 9455). The regulations do not designate the remainder of the non-specified reserve by species or species group. Any amount of the reserve may be apportioned to a target species or to the “other species” category during the year, provided that such apportionments do not result in overfishing (see § 679.20(b)(1)(ii)). The Regional Administrator has determined that the ITACs specified for the species listed in Table 2 need to be supplemented from the non-specified reserve because U.S. fishing vessels have demonstrated the capacity to catch the full TAC allocations. Therefore, in accordance with § 679.20(b)(3), NMFS is apportioning the amounts shown in Table 2 from the non-specified reserve to increase the ITAC for northern rockfish, shortraker rockfish, rougheye rockfish, and Bering Sea “other rockfish” by 7.5 percent of the TAC. The revised Table 2 below replaces Table 2 in the final harvest specifications (72 FR 9455). BILLING CODE 6100-22-S ER19DE07.013 BILLING CODE 6100-22-C Allocation of the Atka Mackerel TAC Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting first the CDQ reserves, second the ICAs for the BSAI trawl limited access sector and non-trawl gear, and third the jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to part 679 and § 679.91. Pursuant to § 679.20(a)(8)(i), up to 2 percent of the Eastern Aleutian District and Bering Sea subarea Atka mackerel ITAC may be allocated to jig gear. The amount of this allocation is determined annually by the Council based on several criteria, including the anticipated harvest capacity of the jig gear fleet. For 2008, the Council recommended, and NMFS approved, a 1 percent allocation of the Atka mackerel ITAC in the Eastern Aleutian District and Bering Sea subarea to jig gear. Based on the 2008 TAC of 17,600 mt the 2008 jig gear allocation is revised to 143 mt. Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel ITAC into two equal seasonal allowances. The first seasonal allowance is made available for directed fishing from January 1 (January 20 for trawl gear) to April 15 (A season), and the second seasonal allowance is made available from September 1 to November 1 (B season; Table 4). The jig gear allocation is not apportioned by season. Pursuant to § 679.20(a)(8)(ii)(C)( *1* ), the Regional Administrator will establish a harvest limit area

(HLA)limit of no more than 60 percent of the seasonal TAC for the Central (Area 542) and Western (Area 543) Aleutian Districts. NMFS will establish HLA limits for the CDQ reserve and each of the three non-CDQ fishery categories: the BSAI trawl limited access sector; the Amendment 80 limited access sector; and an aggregate HLA limit applicable to all Amendment 80 cooperatives. NMFS will assign vessels in each of those three non-CDQ sectors that apply to fish for Atka mackerel in the HLA to an HLA fishery based on a random lottery for each sector of the vessels that apply (see § 679.20(a)(8)(iii)). Each trawl sector will have a separate lottery. A maximum of two HLA fisheries will be established in Area 542 for the BSAI trawl limited access sector. In Area 543, there is no allocation of Atka mackerel or HLA fishery for the BSAI trawl limited access sector. Therefore, the lottery for the BSAI trawl limited access sector will not include Area 543. A maximum of four HLA fisheries will be established for vessels assigned to Amendment 80 cooperatives, a first and second HLA fishery in Area 542, and a first and second HLA fishery in Area 543. A maximum of four HLA fisheries will be established for vessels assigned to the Amendment 80 limited access fishery, a first and second HLA fishery in Area 542, and a first and second HLA fishery in Area 543. NMFS will initially open fishing in the HLA for the first HLA fishery in all three trawl sectors at the same time. The initial opening of fishing in the HLA will be based on the first directed fishing closure of Atka mackerel in the Eastern Aleutian District and Bering Sea subarea for any one of the three trawl sectors allocated Atka mackerel TAC. This action changes the Atka mackerel allocations by subtracting the amount for the ICA. This reduces the amount of Atka mackerel available for the jig gear allocation in the Eastern Aleutian District and Bering Sea subarea. This action also adds the allocations to three sectors: BSAI trawl limited access, Amendment 80 limited access, and Amendment 80 cooperatives. The revised Table 4 below replaces Table 4 in the final harvest specifications (72 FR 9457). BILLING CODE 6100-22-S ER19DE07.014 BILLING CODE 6100-22-C Allocation of the Pacific cod TAC This action changes the Pacific cod allocations in Table 5 by increasing the hook-and-line and pot catcher vessels less than 60 ft (18.3 m) length overall (LOA), hook-and-line catcher/processors, and pot catcher vessels greater than or equal to 60 ft (18.3 m) LOA allocations and decreasing pot catcher/processors, jig gear, trawl catcher vessels, and trawl catcher/processors. Also, the trawl catcher/processor allocation is separated into allocations for the AFA trawl catcher/processors and non-AFA trawl catcher/processors. Amendment 80 further allocates the non-AFA trawl catcher/processor allocation between the Amendment 80 limited access and cooperatives. Table 5 also revises the seasonal allowances of Pacific cod to various sectors. Section 679.20(a)(7)(i) and

(ii)allocates the Pacific cod TAC in the BSAI, after subtraction of 10.7 percent for the CDQ reserve, as follows: 1.4 percent to vessels using jig gear, 2.0 percent to hook-and-line and pot catcher vessels less than 60 ft (18.3 m) length overall (LOA), 0.2 percent to hook-and-line catcher vessels greater than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-line catcher/processors, 8.4 percent to pot catcher vessels greater than or equal to 60 ft (18.3 m) LOA, 1.5 percent to pot catcher/processors, 2.3 percent to American Fisheries Act

(AFA)trawl catcher/processors, 13.4 percent to non-AFA trawl catcher/processors, and 22.1 percent to trawl catcher vessels. The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot sectors. For 2008, the Regional Administrator establishes an ICA of 500 mt based on anticipated incidental catch by these sectors in other fisheries. This allowance is unchanged from the final 2008 harvest specifications for the BSAI (72 FR 9458, March 2, 2007). The allocation of the ITAC for Pacific cod to the Amendment 80 sector is established in Table 33 to part 679 and § 679.91. Sections 679.20(a)(7) and 679.23(e)(5) apportion seasonal allowances of the Pacific cod ITAC to disperse the Pacific cod fisheries over the fishing year. In accordance with § 679.20(a)(7)(iv)(B) and (C), any unused portion of a seasonal Pacific cod allowance will become available at the beginning of the next seasonal allowance. Sections 679.20(a)(7)(i)(B) and 679.23(e)(5) establish the CDQ season allowances based on gear. For most hook-and-line catcher/processors and hook-and-line catcher vessels greater than or equal to 60 ft (18.3 m) LOA harvesting CDQ Pacific cod, the first seasonal allowance of 60 percent of the ITAC is available for directed fishing from January 1 to June 10, and the second seasonal allowance of 40 percent of the ITAC is available from June 10 to December 31. No seasonal harvest constraints are imposed on the CDQ Pacific cod fishery for pot gear or hook-and-line catcher vessels less than 60 feet (18.3 m) LOA. For vessels harvesting CDQ Pacific cod with trawl gear the first season allowance of 60 percent of the ITAC is available January 20 to April 1. The second season, April 1 to June 10, and the third season, June 10 to November 1, are each allocated 20 percent of the ITAC. The CDQ Pacific cod trawl catcher vessel allocation is further allocated as 70 percent in the first season, 10 percent in the second season, and 20 percent in the third season. The CDQ Pacific cod trawl catcher/processor allocation is 50 percent in the first season, 30 percent in the second season, and 20 percent in the third season. For jig gear, the first and third seasonal allowances are each allocated 40 percent of the ITAC and the second seasonal allowance is allocated 20 percent of the ITAC. Sections 679.20(a)(7)(iv)(A) and 679.23(e)(5) apportion the non-CDQ season allowances by gear as follows. For hook-and-line and pot catcher/processors and hook-and-line and pot catcher vessels greater than or equal to 60 ft (18.3 m) LOA, the first seasonal allowance of 51 percent of the ITAC is available for directed fishing from January 1 to June 10, and the second seasonal allowance of 49 percent of the ITAC is available from June 10 (September 1 for pot gear) to December 31. No seasonal harvest constraints are imposed on the Pacific cod fishery for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. For trawl gear, the first season is January 20 to April 1, the second season is April 1 to June 10, and the third season is June 10 to November 1. The trawl catcher vessel allocation is further allocated as 74 percent in the first season, 11 percent in the second season, and 15 percent in the third season. The trawl catcher/processor allocation is allocated 75 percent in the first season, 25 percent in the second season, and zero percent in the third season. For jig gear, the first seasonal allowance is allocated 60 percent of the ITAC and the second and third seasonal allowances are each allocated 20 percent of the ITAC. Table 5 lists the new 2008 allocations and seasonal apportionments of the Pacific cod TAC. The revised Table 5 below replaces Table 5 in the final harvest specifications (72 FR 9458). BILLING CODE 6100-22-S ER19DE07.015 BILLING CODE 6100-22-C Allocation of PSC Limits for Halibut, Salmon, Crab, and Herring Amendment 80 reduces the allocations of halibut, non-Chinook salmon, and crab PSC limits that may be taken while non-AFA trawl catcher/processors are groundfish fishing in the BSAI. Amendment 80 increases the non-Chinook salmon and crab allocated to the CDQ program as prohibited species quota

(PSQ)reserve increases from 7.5 percent to 10.7 percent and increases the percentage of halibut PSQ allocated to the CDQ program. Amendment 85 divides the halibut PSC allowance annually specified for the hook-and-line Pacific cod fishery between two fishery sectors: the hook-and-line catcher/processor sector and the hook-and-line catcher vessel sector. Amendment 80 also adjusts the maximum limit for red king crab bycatch in the red king crab savings subarea. This action incorporates these allocation changes in Tables 7a-e below. Tables 7a-e do not change the PSC limits that were established in the original harvest specifications for 2008. Section 679.21(e) sets forth the BSAI PSC limits. Sections 679.21(e)(1)(iv) and (e)(2) establish the 2008 BSAI halibut mortality limits as 3,675 mt for trawl fisheries and 900 mt for the non-trawl fisheries. Section 679.21(e)(3)(i) allocates 276 mt of the trawl halibut mortality limit and § 679.21(e)(4)(i)(A) allocates 7.5 percent, or 67 mt, of the non-trawl halibut mortality limit as the PSQ reserve for use by the groundfish CDQ program. Section 679.21(e)(1)(vi) specifies 29,000 fish as the 2008 Chinook salmon PSC limit for the Bering Sea subarea pollock fishery. Section 679.21(e)(3)(i)(A)( *3* )( *i* ) allocates 7.5 percent, or 2,175 Chinook salmon, as the Bering Sea subarea PSQ reserve for the CDQ program and allocates the remaining 26,825 Chinook salmon to the non-CDQ fisheries. Section 679.21(e)(1)(viii) specifies 700 fish as the 2008 Chinook salmon PSC limit for the AI subarea pollock fishery. Section 679.21(e)(3)(i)(A)( *3* )( *i* ) allocates 7.5 percent, or 53 Chinook salmon, as the AI subarea PSQ reserve for the CDQ program and allocates the remaining 647 Chinook salmon to the non-CDQ fisheries. Section 679.21(e)(1)(vii) specifies 42,000 fish as the 2008 non-Chinook salmon PSC limit for the BSAI. Section 679.21(e)(3)(i)(A)( *3* )( *ii* ) allocates 10.7 percent, or 4,494 non-Chinook salmon, as the PSQ reserve for the CDQ program and allocates the remaining 37,506 non-Chinook salmon to the non-CDQ fisheries. PSC limits for crab and herring are specified annually based on abundance and spawning biomass. Pursuant to § 679.21(e)(3)(i)(A)( *1* ), 10.7 percent of each PSC limit specified for crab is allocated as a PSQ reserve for use by the groundfish CDQ program. The red king crab mature female abundance is estimated from the 2006 survey data at 29.7 million red king crabs and the effective spawning biomass is estimated as 157 million pounds (71,215 mt). Based on the criteria set out at § 679.21(e)(1)(ii), the 2008 PSC limit of red king crab in Zone 1 for trawl gear is 197,000 animals. This limit results from the mature female abundance estimate of more than 8.4 million king crab and the effective spawning biomass estimate of more than 55 million pounds (24,948 mt). Section 679.21(e)(3)(ii)(B)( *2* ) establishes criteria under which NMFS must specify an annual red king crab bycatch limit for the Red King Crab Savings Subarea (RKCSS). The regulations implementing Amendment 80 limit the RKCSS to up to 25 percent of the red king crab PSC allowance. Prior to Amendment 80, regulations limited the RKCSS to up to 35 percent of the trawl bycatch allowance specified for the rock sole/flathead sole/“other flatfish” fishery category. In December 2006, for 2007 and 2008 the Council recommended and NMFS approved a red king crab bycatch limit equal to 35 percent of the trawl bycatch allowance specified for the rock sole/flathead sole/“other flatfish” fishery category within the RKCSS. Since this was the maximum limit available for the RKCSS, under the regulations implementing Amendment 80 NMFS is also setting the 2008 red king crab bycatch limit at the maximum amount available for the RKCSS, or 25 percent of the red king crab PSC allowance. Based on 2006 survey data, Tanner crab ( *Chionoecetes bairdi* ) abundance is estimated as 866 million animals. Given the criteria set out at § 679.21(e)(1)(iii), the 2008 *C. bairdi* crab PSC limit for trawl gear is 980,000 animals in Zone 1 and 2,970,000 animals in Zone 2. These limits result from the *C. bairdi* crab abundance estimate of more than 400 million animals. Pursuant to § 679.21(e)(1)(iv), the PSC limit for snow crab ( *C. opilio* ) is based on total abundance as indicated by the NMFS annual bottom trawl survey. The *C. opilio* crab PSC limit is set at 0.1133 percent of the Bering Sea abundance index. Based on the 2006 survey estimate of 3.25 billion animals, the calculated limit is 4,350,000 animals. Pursuant to § 679.21(e)(1)(vi), the PSC limit of Pacific herring caught while conducting any trawl operation for BSAI groundfish is 1 percent of the annual eastern Bering Sea herring biomass. The best estimate of 2008 herring biomass is 178,652 mt. This amount was derived using 2006 survey data and an age-structured biomass projection model developed by the Alaska Department of Fish and Game. Therefore, the herring PSC limit for 2008 is 1,787 mt for all trawl gear. Section 679.21(e)(3) requires, after subtraction of PSQ reserves, that crab and halibut trawl PSC be apportioned between the BSAI trawl limited access and Amendment 80 sectors as presented in Table 7a. The amount of 2008 PSC assigned to the Amendment 80 sector is specified in Table 35 to part 679. Pursuant to § 679.21(e)(1)(iv) and § 679.91(d) through (f), crab and halibut trawl PSC assigned to the Amendment 80 sector is then sub-allocated to Amendment 80 cooperatives as PSC cooperative quota

(CQ)and to the Amendment 80 limited access fishery as presented in Tables 7d and e. PSC CQ assigned to Amendment 80 cooperatives is not allocated to specific fishery categories. Section 679.21(e)(3)(i)(B) requires the apportionment of each trawl PSC limit not assigned to Amendment 80 cooperatives into PSC bycatch allowances for seven specified fishery categories. NMFS used the percentages from the trawl apportionments in Table 7 of the 2007 and 2008 final harvest specifications for the BSAI (72 FR 9460) to derive the fishery category and seasonal apportionments for the BSAI trawl limited assess sector in Table 7c and the Amendment 80 limited access sector in Table 7e, below. Section 679.21(e)(4)(i)(B) requires the apportionment of halibut to the non-trawl fishery categories based on each category's proportional share of the anticipated bycatch mortality of halibut during a fishing year and the need to optimize the amount of total groundfish harvested under the non-trawl halibut PSC limits. Section 679.21(e)(4)(i)(C) authorizes the apportionment of the non-trawl halibut PSC limit into PSC bycatch allowances among six fishery categories. Table 7c lists the fishery bycatch allowances for the trawl and non-trawl fisheries. Section 679.21(e)(4)(ii) authorizes the exemption of specified non-trawl fisheries from the halibut PSC limit. As in past years, NMFS, after consultation with the Council, exempts pot gear, jig gear, and the sablefish IFQ hook-and-line gear fishery categories from halibut bycatch restrictions because

(1)the pot gear fisheries have low halibut bycatch mortality,

(2)halibut mortality for the jig gear fleet is assumed to be negligible, and

(3)the sablefish and halibut IFQ fisheries have low halibut bycatch mortality because the IFQ program (subpart D of 50 CFR part 679) requires legal-sized halibut to be retained by vessels using hook-and-line gear if a halibut IFQ permit holder or a hired master is aboard and is holding unused halibut IFQ. In 2006, total groundfish catch for the pot gear fishery in the BSAI was approximately 19,721 mt, with an associated halibut bycatch mortality of about 5 mt. The 2006 jig gear fishery harvested about 84 mt of groundfish. Most vessels in the jig gear fleet are less than 60 ft (18.3 m) LOA and thus are exempt from observer coverage requirements. As a result, observer data are not available on halibut bycatch in the jig gear fishery. However, a negligible amount of halibut bycatch mortality is assumed because of the selective nature of jig gear and the low mortality rate of halibut caught with jig gear and released. Section 679.21(e)(5) authorizes NMFS, after consultation with the Council, to establish seasonal apportionments of PSC amounts in order to maximize the ability of the fleet to harvest the available groundfish TAC and to minimize bycatch. The factors to be considered are

(1)seasonal distribution of prohibited species,

(2)seasonal distribution of target groundfish species,

(3)PSC bycatch needs on a seasonal basis relevant to prohibited species biomass,

(4)expected variations in bycatch rates throughout the year,

(5)expected start of fishing effort, and

(6)economic effects of seasonal PSC apportionments on industry sectors. The Council recommended and NMFS approved the seasonal PSC apportionments in Table 7c to maximize harvest among gear types, fisheries, and seasons while minimizing bycatch of PSC based on the above criteria. The revised Tables 7a-e replace Table 7 in the final harvest specifications (72 FR 9460). BILLING CODE 6100-22-S ER19DE07.016 BILLING CODE 6100-22-C ER19DE07.017 ER19DE07.018 ER19DE07.019 ER19DE07.020 BILLING CODE 6100-22-C Directed Fishing Closures In accordance with § 679.20(d)(1)(i), the Regional Administrator may establish a directed fishing allowance

(DFA)for a species or species group, if the Regional Administrator determines that any allocation or apportionment of a target species or “other species” category has been or will be reached. If the Regional Administrator establishes a DFA, and that allowance is or will be reached before the end of the fishing year, NMFS will prohibit directed fishing for that species or species group in the specified subarea or district (see § 697.20(d)(1)(iii)). Similarly, pursuant to § 679.21(e), if the Regional Administrator determines that a fishery category's bycatch allowance of halibut, red king crab, *C. bairdi* crab or *C. opilio* crab for a specified area has been reached, the Regional Administrator will prohibit directed fishing for each species in that category in the specified area. The Regional Administrator has determined that the allocation amounts in revised Table 9, below, will be necessary as incidental catch to support other anticipated groundfish fisheries for 2008 fishing year. This action changes Table 9 by adding the ICAs for the Amendment 80 species. This revised Table 9 replaces Table 9 in the final harvest specifications (72 FR 9461). In accordance with § 679.20(d)(1)(i), the Regional Administrator establishes the DFA for the species listed in revised Table 9 as zero. Therefore, in accordance with § 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for these species in the specified areas effective at 1200 hrs, A.l.t., December 19, 2007, through 2400 hrs, A.l.t., December 31, 2008. These closures remain effective under authority of these 2008 final harvest specifications. These closures supersede the 2008 closures announced under authority of the 2007 and 2008 final harvest specifications (72 FR 9451). While these closures are in effect, the maximum retainable amounts at § 679.20(e) and

(f)apply at any time during a fishing trip. BILLING CODE 6100-22-S ER19DE07.021 BILLING CODE 6100-22-C Listed AFA Catcher/Processor Sideboard Limits Pursuant to § 679.64(a), the Regional Administrator restricts the ability of listed AFA catcher/processors to engage in directed fishing for groundfish species other than pollock to protect participants in other groundfish fisheries from adverse effects resulting from the AFA and from fishery cooperatives in the directed pollock fishery. The basis for these sideboard limits is described in detail in the final rules implementing major provisions of the AFA (67 FR 79692, December 30, 2002), Amendment 80 (72 FR 52668, September 14, 2007), and Amendment 85 (72 FR 50788, September 4, 2007). Table 10 lists the 2008 catcher/processor sideboard limits. This action changes Table 10 by removing the Pacific cod and yellowfin sole sideboard limits. A sideboard limit is not necessary for AFA catcher/processors since Amendment 85 allocated Pacific cod specifically to the AFA catcher/ processor sector. Section 679.64(b)(6) exempts AFA catcher processors from a yellowfin sole sideboard limit because the 2008 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector (131,950 mt) is greater than 125,000 mt. Also, this action changes Table 10 by increasing the sideboard limits for flathead sole and rock sole because the ITAC for these species increases from 85 percent to 89.3 percent of the TAC. The sideboard limits for Aleutian Islands Pacific ocean perch and Atka mackerel remain the same because the ITAC is specified as 89.3 percent under revised Table 1 for 2008 final harvest specifications. The revised Table 10 below replaces Table 10 in the final harvest specifications (72 FR 9463). All harvests of groundfish sideboard species made by listed AFA catcher/processors, whether as targeted catch or incidental catch, will be deducted from the sideboard limits in the revised Table 10. However, groundfish sideboard species that are delivered to listed catcher/processors by catcher vessels will not be deducted from the 2008 sideboard limits for the listed catcher/processors. BILLING CODE 6100-22-S ER19DE07.022 BILLING CODE 6100-22-C In the original 2008 harvest specifications, AFA catcher/processor halibut PSC sideboard limits are calculated based on a proportion of the halibut PSC available to all trawl vessels. Amendment 80 fixes the halibut PSC sideboard limits for AFA catcher/processors at the levels established in the 2006 and 2007 final harvest specifications (71 FR 10894, March 3, 2006) and listed in Table 40 to part 679 in the proposed regulatory text. In the original 2008 harvest specifications, the amount of trawl crab PSC available to AFA catcher/processors is based on the total crab PSC limit, prior to any allocations to the CDQ reserves. Amendment 80 changes the amount of crab PSC available for AFA catcher/processor sideboard limit calculations to the amount of the trawl PSC limit available after allocation to the CDQ reserves as crab PSQ. Table 41 to part 679 shows the results of this change. The basis for these sideboard limits is described in detail in the final rules implementing major provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). The revised Table 11 below replaces Table 11 in the final harvest specifications (72 FR 9463-9464). Halibut and crab PSC listed in revised Table 11 that are caught by listed AFA catcher/processors participating in any groundfish fishery other than pollock will accrue against the 2008 PSC sideboard limits for the listed AFA catcher/processors. Section 679.21(e)(3)(v) authorizes NMFS to close directed fishing for groundfish other than pollock for listed AFA catcher/processors once a 2008 PSC sideboard limit listed in revised Table 11 is reached. Crab or halibut PSC caught by listed AFA catcher/processors while fishing for pollock will accrue against the bycatch allowances annually specified for either the midwater pollock or the pollock/Atka mackerel/“other species” fishery categories under regulations at § 679.21(e)(3)(iv). BILLING CODE 6100-22-S ER19DE07.023 BILLING CODE 6100-22-C AFA Catcher Vessel Sideboard Limits Pursuant to § 679.64(b), the Regional Administrator restricts the ability of AFA catcher vessels to engage in directed fishing for groundfish species other than pollock to protect participants in other groundfish fisheries from adverse effects resulting from the AFA and from fishery cooperatives in the directed pollock fishery. Section 679.64(b) establishes a formula for setting AFA catcher vessel groundfish and PSC sideboard limits for the BSAI. The basis for these sideboard limits is described in detail in the final rules implementing major provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). Tables 12 and 13 list the 2008 AFA catcher vessel sideboard limits. This action changes Table 12 by removing the yellowfin sole sideboard limit. Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2008 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector (131,950 mt) is greater than 125,000 mt. Also, this action changes Table 12 by increasing the sideboard limits for flathead sole and rock sole because the ITAC for these species increases from 85 percent to 89.3 percent of the TAC. The sideboard limits for Aleutian Islands Pacific ocean perch and Atka mackerel remain the same because the ITAC was specified as 89.3 percent under revised Table 1 for 2008 final harvest specifications. The revised Table 12 below replaces Table 12 in the final harvest specifications (72 FR 9464-9465). All harvests of groundfish sideboard species made by non-exempt AFA catcher vessels, whether as targeted catch or incidental catch, will be deducted from the sideboard limits listed in revised Table 12. BILLING CODE 6100-22-S ER19DE07.024 ER19DE07.025 BILLING CODE 6100-22-C In the original 2008 harvest specifications, AFA catcher vessel halibut PSC sideboard limits are calculated based on a proportion of the halibut PSC available to all trawl vessels. Amendment 80 fixed the halibut PSC sideboard limits for AFA catcher vessels in each fishery complex in the BSAI at the levels established in the 2006 and 2007 final harvest specifications (71 FR 10894, March 3, 2006) and listed in Table 40 to part 679. In the original 2008 harvest specifications, the AFA catcher vessel crab sideboard calculation is dependent on the distribution of trawl crab PSC among the target fishery categories, and the AFA catcher vessel sideboard limit cannot be calculated until those amounts are determined in the annual harvest specification process. This action changes the AFA catcher vessel crab sideboard limit under Amendment 80. It calculates the proportion of the total trawl crab PSC limit attributed to AFA catcher vessels as the sum of the AFA catcher vessel PSC sideboard limits for each crab PSC species in all target fisheries divided by the sum of the total trawl PSC limit for that crab PSC species as described in the annual harvest specification process in each year. Table 41 to part 679 shows the results of this change. The revised Table 3 below replaces Table 13 in the final harvest specifications (72 FR 9465-9466). Halibut and crab PSC listed in revised Table 13 that are caught by AFA catcher vessels participating in any groundfish fishery for groundfish other than pollock will accrue against the 2008 PSC sideboard limits for the AFA catcher vessels. Sections 679.21(d)(8) and (e)(3)(v) authorize NMFS to close directed fishing for groundfish other than pollock for AFA catcher vessels once a 2008 PSC sideboard limit listed in revised Table 13 is reached. The PSC that is caught by AFA catcher vessels while fishing for pollock in the BSAI will accrue against the bycatch allowances annually specified for either the midwater pollock or the pollock/Atka mackerel/“other species” fishery categories under regulations at § 679.21(e)(3)(iv). BILLING CODE 6100-22-S ER19DE07.026 BILLING CODE 6100-22-C AFA Catcher/Processor and Catcher Vessel Sideboard Directed Fishing Closures The Regional Administrator has determined that many of the AFA catcher/processor and catcher vessel sideboard limits listed in Tables 14 and 15 are necessary as incidental catch to support other anticipated groundfish fisheries for the 2008 fishing year. In accordance with § 679.20(d)(1)(iv), the Regional Administrator establishes the sideboard limits listed in Tables 14 and 15 as DFAs. The Regional Administrator finds that many of these DFAs will be reached before the end of the year. Therefore, in accordance with § 679.20(d)(1)(iii), NMFS is prohibiting directed fishing by listed AFA catcher/processors for the species in the specified areas set out in Table 14 and directed fishing by non-exempt AFA catcher vessels for the species in the specified areas set out in Table 15. This action changes Table 14 by increasing the 2008 sideboard limit for rock sole from 2,359 mt to 2,478 mt. The 2008 rock sole sideboard limit increased for Amendment 80 species because the allocation to the ITAC increased from 85 percent to 89.3 percent. Also, this action adds flathead sole to Table 14 because flathead sole is fully allocated to the non-AFA trawl catcher/processors. This action changes Table 15 by increasing the 2008 sideboard limit for flathead sole from 1,932 mt to 2,029 mt. The 2008 flathead sole sideboard limit increased for Amendment 80 species because the allocation to the ITAC increased from 85 percent to 89.3 percent. Also, this action adds rock sole to Table 14 because rock sole is fully allocated to the non-AFA trawl catcher/processors. The revised Tables 14 and 15 below replace Tables 14 and 15 in the final harvest specifications (72 FR 9467). BILLING CODE 6100-22-S ER19DE07.027 ER19DE07.028 BILLING CODE 6100-22-C Allocation of the Aleutian Islands Pacific Ocean Perch, Flathead Sole, Rock Sole, and Yellowfin Sole TACs This action changes the allocations of the flathead sole, rock sole, yellowfin sole, and Aleutian Islands Pacific ocean perch TACs in the BSAI after subtraction of 10.7 percent for the CDQ reserve by further allocating amounts to ICAs, BSAI trawl limited access, Amendment 80 limited access, and Amendment 80 cooperatives. The allocation of the ITAC for flathead sole, rock sole, yellowfin sole, and Aleutian Islands Pacific ocean perch is established in accordance with §§ 679.20(a)(10)(i) and (ii), § 679.91, and Tables 33 and 34 to part 679. Table 16 below lists the 2008 allocations and seasonal apportionments of the flathead sole, rock sole, yellowfin sole, and Aleutian Islands Pacific ocean perch TACs. This Table 16 is added to the final harvest specifications. BILLING CODE 6100-22-S ER19DE07.029 BILLING CODE 6100-22-C Revisions to the 2008 Final Harvest Specifications for the GOA GOA Amendment 80 Vessel Groundfish Harvest and PSC Limits Section 679.92 establishes groundfish harvesting sideboard limits on all Amendment 80 vessels to amounts no greater than the limits shown in Table 37 to part 679. Sideboard limits in the GOA are for pollock in the Western and Central Regulatory Areas and in the West Yakutat District, Pacific cod gulfwide, Pacific ocean perch and pelagic shelf rockfish in the Western Regulatory Area and West Yakutat District, and northern rockfish in the Western Regulatory Area. These sideboard limits are necessary to protect the interests of fishermen who do not directly benefit from vessels who receive exclusive harvesting privileges under the Amendment 80 program unless fishing in the limited access or cooperative sectors in the Central GOA Rockfish Program (Rockfish program). Groundfish sideboard limits for Amendment 80 vessels operating in the GOA are based on their average aggregate harvests from 1998 to 2004. The harvest of Pacific ocean perch, pelagic shelf rockfish, and northern rockfish in the Central Regulatory Area of the GOA is subject to regulation under the Rockfish program. Amendment 80 vessels not qualified under the Rockfish program are excluded from directed fishing for these rockfish species in the Central GOA. Under the Amendment 80 program the F/V Golden Fleece is prohibited from directed fishing for pollock, Pacific cod, Pacific ocean perch, pelagic shelf rockfish, and northern rockfish in the GOA unless fishing in the Central GOA in the limited access or cooperative sectors in the Rockfish program. Table 17 below lists the 2008 GOA sideboard limits. All targeted or incidental catch of sideboard species made by Amendment 80 vessels will be deducted from the sideboard limits in Table 17. Table 17 is added to the final 2008 harvest specifications for groundfish of the Gulf of Alaska (72 FR 9676, March 5, 2007). BILLING CODE 6100-22-S ER19DE07.030 BILLING CODE 6100-22-C The PSC sideboard limits for Amendment 80 vessels in the GOA are based on the historic use of halibut PSC by Amendment 80 vessels in each PSC target category from 1998 through 2004 (Table 38 to 50 CFR part 679). These values are slightly lower than the average historic use to accommodate two factors: allocation of halibut PSC CQ under the Central GOA Rockfish Program; and the exemption of the F/V GOLDEN FLEECE from this restriction. Table 18 below lists these amounts. Table 18 is added to the final harvest specifications for groundfish of the Gulf of Alaska (72 FR 9676, March 5, 2007). BILLING CODE 6100-22-S ER19DE07.031 BILLING CODE 6100-22-C Small Entity Compliance Guide The following information is a plain language guide to assist small entities in complying with this final rule as required by the Small Business Regulatory Enforcement Fairness Act of 1996. This final rule is necessary to revise 2008 final harvest specifications and prohibited species catch limits for the groundfish fishery of the BSAI so that these amounts are consistent with new fishery allocations and limitations established under Amendments 80 and 85. This action affects all fishermen who participate in the BSAI fishery. The specific amounts of OFL, ABC, TAC, and PSC amounts and allocations thereof, are provided in tabular form to assist the reader. NMFS will announce closures of directed fishing in the **Federal Register** and in information bulletins released by the Alaska Region. Affected fishermen should keep themselves informed of such closures. Classification NMFS determined that the BSAI and GOA FMPs are necessary for the conservation and management of the Alaska groundfish fisheries and that they are consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. This action is authorized under § 679.20 and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA

(AA)finds good cause to waive prior notice and opportunity for public comment on this action as notice and comment is unnecessary. Through this action, NOAA seeks to revise the 2008 BSAI and GOA harvest specifications consistent with the final rules implementing Amendments 80 and 85 and to ensure that the groundfish and PSC allocations and limits implemented under Amendments 80 and 85 will be effective at the beginning of the 2008 fishing year. Prior notice and opportunity for public comment on this action is unnecessary because the revisions being made by this action seek merely to update the 2008 BSAI and GOA harvest specifications to reflect allocations and limitations implemented and required by Amendments 80 and 85 and which have already been subject to notice and comment. This action does not revise the 2008 BSAI and GOA harvest specifications in any substantive manner not previously the subject of notice and comment during the development of Amendments 80 and 85. The AA also finds good cause to waive the 30-day delay in the effective date requirement of 5 U.S.C. 553(d). The waiver of the 30-day delay in effective date requirement of 5 U.S.C. 553(d) is necessary to ensure that the allocations and limitations required under Amendments 80 and 85 will be effective at the beginning of the 2008 fishing year and to provide the regulated community with the timely, adequate and accurate information necessary to allow the industry to plan for the fishing season, to conduct orderly and efficient fisheries and to avoid potential disruption to the fishing fleet and processors. This rule must be effective on January 1, 2008, because vessels affected by the changes in this final rule will begin fishing immediately after the start of the calendar year when the value from several of these groundfish fisheries, such as rock sole and yellowfin sole, is the highest. If this action is not effective at the start of the fishing year, some vessels would be able to harvest groundfish in amounts that exceed allocations that will be implemented under Amendments 80 and 85, thereby reducing allocations of groundfish intended for other vessels and undermining the intent of Amendments 80 and 85. The economic value of the fisheries for intended recipients under Amendments 80 and 85 would be lost. NMFS prepared a Final EIS for the harvest strategy implemented by the annual harvest specifications and made it available to the public on January 12, 2007 (72 FR 1512). On February 13, 2007, NMFS issued the Record of Decision

(ROD)for the Final EIS. Copies of the Final EIS and ROD for this action are available (see ADDRESSES ). Three separate final regulatory flexibility analyses (FRFAs) were prepared to evaluate the impacts on small entities resulting from

(1)alternative harvest strategies employed in establishing the 2008 harvest specifications

(2)alternatives considered during the development and approval of Amendment 85, and

(3)alternatives considered during the development and approval of Amendment 80. All three of these FRFAs met the statutory requirements of the Regulatory Flexibility Act

(RFA)of 1980, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601-612). A summary of each FRFA was published with its relevant final rule and is not repeated here. The summary of the FRFA supporting the final 2008 final harvest specifications was published March 2, 2007 (72 FR 9451) and March 5, 2007 (72 FR 9676); the summary of the FRFA supporting Amendment 85 to the FMP was published September 4, 2007 (72 FR 50788), and the summary of the FRFA supporting Amendment 80 to the FMP was published September 14, 2007 (72 FR 52668). Authority: 16 U.S.C. 773 *et seq.* , 1801 *et seq.* , 3631 *et seq.* ; Pub. L. 108 447. Dated: December 13, 2007. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 07-6100 Filed 12-18-07; 8:45 am]

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