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Code · REGISTER · 2007-12-27 · Unknown

Unknown. Interim rule, with request for comments

20,726 words·~94 min read·/register/2007/12/27/07-6200

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--- schema: federal-register doc_type: fedreg source_file: FR-2007-12-27.xml --- 72 247 Thursday, December 27, 2007 Contents Agriculture Agriculture Department See Forest Service See Rural Housing Service Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 73310-73311 E7-24981 E7-24982 Committees; establishment, renewal, termination, etc.:
African American Population Census Advisory Committee, 73312 E7-25011 Asian Population Census Advisory Committee, 73312-73313 E7-24994 Native Hawaiian and Other Pacific Islander Population Census Advisory Committee, 73313-73314 E7-25010 Centers Centers for Medicare & Medicaid Services NOTICES Medicare: Appeals; controversy threshold amount adjustments (2008 CY), 73348-73349 07-6198 Coast Guard Coast Guard RULES Drawbridge operations: North Carolina, 73262-73263 E7-24977 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:
Buzzards Bay, MA Correction, 73263 E7-24978 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 73310 E7-24980 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 73335-73336 E7-25052 E7-25094 Defense Defense Department NOTICES Reports and guidance documents; availability, etc.:
Consumer credit extended to service members and dependents; terms limitations implementation; report to Congress, 73336-73337 E7-25119 Drug Drug Enforcement Administration NOTICES Combat Methamphetamine Epidemic Act; implementation: Ephedrine, pseudoephedrine, and phenylpropanolamine— List I 2008 annual needs assessment, 73361-73367 07-6218 Registration revocations, restrictions, denials, reinstatements: Cedarburg Pharmaceuticals, Inc., 73367-73368 E7-25044 Chattem Chemicals, Inc., 73368 E7-25040 CIMA Labs, Inc., 73368 E7-25038 Cody Laboratories, 73368-73369 E7-25041 ISP Freetown Fine Chemicals, 73369 E7-25046 Research Triangle Institute, 73369 E7-25047 Varian, Inc., 73369-73370 E7-25050 Schedules of controlled substances; production quotas:
Schedules I and II— 2008 established initial aggregate, 73370-73372 E7-25113 *Applications, hearings, determinations, etc.:* Cambrex Charles City, Inc., E7-25055 73357-73358 E7-25111 GE Healthcare, E7-25042 73358 E7-25051 Innovacon, Inc., 73359 E7-25053 Johnson Matthey, Inc., E7-25043 73359-73360 E7-25049 Noramco Inc., 73360 E7-25045 E7-25054 Orasure Technologies, Inc., 73360-73361 E7-25048 Organix Inc., 73361 E7-25114 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 73337-73339 E7-25085 E7-25086 E7-25087 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-25032 73339-73340 E7-25033 Meetings:
Environmental Management Site-Specific Advisory Board— Idaho National Laboratory, ID, 73341 E7-25031 Northern New Mexico, 73340 E7-25029 Savannah River Site, SC, 73340-73341 E7-25030 EPA Environmental Protection Agency RULES Air programs: Stratospheric ozone protection— Essential Class I ozone-depleting substances; global laboratory and analytical use exemption extension, 73264-73269 E7-25091 NOTICES Agency information collection activities; proposals, submissions, and approvals, 73344-73346 E7-25039 Meetings:
National Environmental Education Advisory Council, 73346 E7-25097 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: MT-Propeller Entwicklung GmH, 73256-73258 E7-25035 Reims Aviation S.A., 73258-73260 E7-24638 NOTICES Air traffic operating and flight rules, etc.: Newark Liberty International Airport; international arrival authorizations for summer 2008 season; redesignation, 73418-73419 07-6179 Meetings:
Aviation Rulemaking Advisory Committee, 73419 E7-25020 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 73346-73347 E7-24963 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Natural Gas Policy Act: Interstate natural gas pipelines— Secondary release market; competition enhancement, 73304 E7-25001 NOTICES Hydroelectric applications, 73343-73344 E7-25005 Meetings: Iroquois Gas Transmission Systems, L.P.; settlement conference, 73344 E7-25002 Midwest Independent Transmission System Operator, Inc., et al.; technical conference, 73344 E7-25006 *Applications, hearings, determinations, etc.:* Tatanka Wind Power, LLC, 73341-73342 E7-25004 Transcontinental Gas Pipe Line Corp., 73342-73343 E7-25003 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:
Chautauqua County, NY, 73419-73420 E7-25027 Deschutes County, OR, 73420-73421 E7-25023 New London County, CT; correction, 73424 C7-4127 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 73347-73348 E7-25016 Formations, acquisitions, and mergers, 73348 E7-25015 Federal Retirement Federal Retirement Thrift Investment Board RULES Thrift Savings Plan: Participants’ choices of funds— Interfund transfer requests; limits, 73251-73252 E7-25007 Fish Fish and Wildlife Service RULES Alaska National Interest Lands Conservation Act;
Title VIII implementation (subsistence priority): Kenai Peninsula; fish; subsistence taking, 73426-73482 E7-24571 NOTICES Endangered and threatened species and marine mammal permit applications, determinations, etc., 73349-73351 E7-25061 E7-25064 Reports and guidance documents; availability, etc.: Credit guidance for recovery of endangered and threatened species, 73351-73352 E7-24971 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Georgia Fuji Vegetable Oil, Inc.; refined sunflower oil and, vegetable oil and fat products production facility, 73314 E7-25013 Texas, 73314-73315 E7-25008 Forest Forest Service RULES Alaska National Interest Lands Conservation Act;
Title VIII implementation (subsistence priority): Kenai Peninsula; fish; subsistence taking, 73426-73482 E7-24571 Health Health and Human Services Department See Centers for Medicare & Medicaid Services Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department RULES Grants and agreements: Nonprocurement debarment and suspension; OMB guidance; implementation, 73484-73497 E7-24908 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service IRS Internal Revenue Service RULES Procedure and administration:
Return information disclosure to Census Bureau, 73261-73262 E7-25014 International International Boundary and Water Commission, United States and Mexico NOTICES Environmental statements; availability, etc.: El Paso County, TX and Sierra and Dona Ana Counties, NM; Rio Grande Canalization Project Levee System; flood control improvements, 73355-73356 E7-25118 International International Trade Administration NOTICES Antidumping: Canned pineapple fruit from— Thailand, 73318-73321 E7-25057 Carbon and alloy steel wire rod from— Canada, 73321-73322 07-6217 Antidumping and countervailing duties:
Administrative review requests, 73315-73316 E7-25082 Hot-rolled carbon steel flat products from— Various countries, 73316-73318 E7-25098 Countervailing duties: Light-walled rectangular pipe and tube from— China, 73322-73323 E7-25083 Export trade certificates of review, 73323-73324 E7-25104 Justice Justice Department See Drug Enforcement Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 73356-73357 E7-25060 Labor Labor Department See Labor Statistics Bureau See Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 73372-73374 E7-25021 E7-25120 Reports and guidance documents; availability, etc.:
Goods from countries produced by child labor or forced labor in violation of international standards; list development and maintenance, 73374-73379 E7-25036 MISSING FOR: Labor Statistics Bureau Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 73379-73380 E7-24995 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Mojave-Southern Great Basin, 73352 E7-25024 Northeast California, 73352-73353 E7-25034 Southwest Colorado; correction, 73352 E7-25026 Realty actions; sales, leases, etc.:
Nevada, 73353 07-6196 Survey plat filings: Minnesota, 73353-73354 E7-25019 Withdrawal and reservation of lands: California, 73354-73355 E7-25110 Maritime Maritime Administration NOTICES Meetings: Marine Transportation System National Advisory Council, 73421 E7-25009 Mexico Mexico and United States, International Boundary and Water Commission See International Boundary and Water Commission, United States and Mexico Minerals Minerals Management Service NOTICES Meetings: Royalty Policy Committee, 73355 E7-25081 Mine Mine Safety and Health Administration NOTICES Mining products; testing, evaluation, and approval; user fee adjustment, 73380-73381 E7-25079 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities; proposals, submissions, and approvals, 73381 E7-25117 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Caribbean, Gulf, and South Atlantic fisheries— Commercial gulf reef fish vessels; vessel monitoring system requirements, 73270-73274 E7-25068 Gulf of Mexico and South Atlantic coastal migratory pelagic resources, 73269-73270 07-6200 Northeastern United States fisheries— Northeast multispecies, 73274-73281 E7-25073 PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Atlantic bluefish, 73304-73308 E7-25080 Western Pacific fisheries— Bottomfish and seamount groundfish, 73308-73309 E7-25078 NOTICES Grants and cooperative agreements; availability, etc.: 2008 FY funds availability; omnibus notice, 73325-73335 07-6224 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:
Dairyland Power Cooperative, 73383-73384 E7-25022 *Applications, hearings, determinations, etc.:* South Texas Project Nuclear Operating Co., 73381-73383 E7-25105 Personnel Personnel Management Office PROPOSED RULES Medical qualification determinations, 73282-73285 E7-25108 NOTICES Agency information collection activities; proposals, submissions, and approvals, 73384-73386 E7-25062 E7-25063 E7-25093 E7-25095 07-6219 Presidential Presidential Documents PROCLAMATIONS Dominican Republic-Central America; free trade agreement (Proc. 8213), 73553-73572 07-6246 Railroad Railroad Retirement Board NOTICES Privacy Act; systems of records, 73500-73532 E7-24920 Rural Rural Housing Service RULES Direct single family housing loans and grants:
Payment assistance, 73252-73256 E7-25107 SEC Securities and Exchange Commission RULES Securities: Primary securities offerings on Forms S-3 and F-3; eligibility requirements, 73534-73552 E7-24968 NOTICES Agency information collection activities; proposals, submissions, and approvals, 73386 E7-24996 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 73386-73388, E7-24987 73404-73415 E7-24997 NASDAQ Stock Market LLC, 73388-73392 E7-24989 New York Stock Exchange LLC, 73392-73393 E7-24985 NYSE Arca, Inc., 73393-73401 E7-24986 E7-24988 E7-24990 Options Clearing Corp., 73401-73404 E7-24984 SBA Small Business Administration PROPOSED RULES Small business contracting procedures:
Women-owned small business Federal contract assistance procedures, 73285-73304 E7-25056 NOTICES Grants and cooperative agreements; availability, etc.: CommunityExpress Pilot Program, 73415 E7-25102 Social Social Security Administration RULES Organization and procedures: Prescribed applications, forms, and other publications; private printing, 73260-73261 E7-24915 State State Department NOTICES Culturally significant objects imported for exhibition: Rhythms of Modern Life: British Prints (1914-1939), 73415 E7-25070 Wine, Worship and Sacrifice:
The Golden Graves of Ancient Vani, 73415-73416 E7-25067 Meetings: International Security Advisory Board, 73416 E7-25066 U.S. National Commission for UNESCO, 73416 E7-25072 Reports and guidance documents; availability, etc.: Standardized Program Structure for Foreign Assistance; correction, 73416-73417 E7-25230 Surface Surface Transportation Board NOTICES Rail carriers: Rail cost adjustment factor; quarterly approval, 73421-73422 E7-24998 Susquehanna Susquehanna River Basin Commission NOTICES Commission actions, 73417-73418 E7-25112 Thrift Thrift Supervision Office RULES Savings and loan holding companies; permissible activities Correction, 73424 Z7-24676 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-25115 73422-73423 E7-25116 Separate Parts In This Issue Part II Agriculture Department, Forest Service;
Interior Department, Fish and Wildlife Service, 73426-73482 E7-24571 Part III Housing and Urban Development Department, 73484-73497 E7-24908 Part IV Railroad Retirement Board, 73500-73532 E7-24920 Part V Securities and Exchange Commission, 73534-73552 E7-24968 Part VI Executive Office of the President, Presidential Documents, 73553-73572 07-6246 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 247 Thursday, December 27, 2007 Rules and Regulations FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Part 1601 Participants' Choices of TSP Funds AGENCY: Federal Retirement Thrift Investment Board. ACTION: Interim rule, with request for comments.
SUMMARY: The Agency is amending its interfund transfer regulations to provide that the Executive Director may adopt a policy of setting limits on the number of interfund transfer requests. In the near term, this amendment will allow the Executive Director to immediately address and, if necessary, restrict the activity of frequent traders, who have disrupted management of the Funds and whose activity has resulted in increased costs to participants. DATES: This interim rule is effective January 7, 2008.
ADDRESSES: Comments may be sent to Thomas K. Emswiler, General Counsel, Federal Retirement Thrift Investment Board, 1250 H Street, NW., Washington, DC 20005. The Agency's Fax number is
(202)942-1676. FOR FURTHER INFORMATION CONTACT: Tracey Ray on
(202)942-1665. SUPPLEMENTARY INFORMATION: The Agency administers the TSP, which was established by the Federal Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514. The TSP provisions of FERSA are codified, as amended, largely at 5 U.S.C. 8351 and 8401-79. The TSP is a tax-deferred retirement savings plan for Federal civilian employees and members of the uniformed services. The TSP is similar to cash or deferred arrangements established for private-sector employees under section 401(k) of the Internal Revenue Code (26 U.S.C. 401(k)). Interfund Transfer Requests The Agency is amending its regulations pertaining to interfund transfers. While most private-sector defined contribution plans, record keepers and/or investment managers, e.g., Vanguard, Federated, ING, Janus, and Royce, have adopted policies designed to limit frequent trading, the Agency currently places no limit on its participants regarding the number or frequency of interfund transfers. Recently, however, this policy has been called into question as excessive trading caused costs borne by TSP participants to more than double from 2005 to 2006 (from $6.7 million in 2005 to $15 million in 2006), and this pattern of frequent trading has continued in 2007. These costs, which have resulted largely from the activities of approximately 3,000 of the TSP's 3.8 million participants, increase expenses for all TSP participants. In 2006, the unrestricted trading in the I Fund resulted in trades of $12 billion of securities with associated trading costs of $13.8 million or 8 basis points ($.80 per $1,000); nearly three times the TSP's net administrative expense of 3 basis points ($.30 per $1,000). Because the Board and Executive Director have a fiduciary duty to manage the TSP prudently, for the exclusive purpose of providing benefits to participants and their beneficiaries and defraying reasonable expenses of administering the Thrift Savings Fund, the Agency must respond to this abusive and costly investment activity. 5 U.S.C. 8477(b). As mentioned, the Agency studied the policies of other funds as well as regulatory guidance from the Securities and Exchange Commission (SEC). Vanguard, for example, limits its participants to one repurchase every sixty days, and the SEC recommends that, under certain circumstances, plans charge trading fees. Other investment vehicles limit participants to a fixed number of trades per year or charge fees on certain redemptions. The Agency desires to stop this excessive trading immediately and also, after continued analysis, to design an interfund transfer policy that provides for administrative efficiency, investment flexibility, retirement security, as well as reduced trading costs. To that end, in the near term, the Agency is adopting a regulation to grant the Executive Director the authority to notify the small percentage of participants who are driving up costs through their excessive trading and request that they cease their practices. Otherwise, these participants will be required to request interfund transfers by mail. It is the Agency's hope that this swift and direct action will inform such participants of the unreasonable expenses associated with their trading and persuade them to voluntarily curb their trading, thereby curtailing the excessive trading costs borne by all participants who hold the C, F, S, I, and L Funds. Further, upon continued inquiry, including an analysis of the actions that can be taken on an automated basis, the Agency likely will amend its regulations (via a separate publication in the **Federal Register** ) to permit two interfund transfers per calendar month with subsequent unlimited interfund transfers only into the G Fund. The Agency believes this policy, when compared to others adopted in the private sector, provides the desired level of administrative simplicity, investment flexibility and security, and control over excessive trading. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities. They will affect only employees of the Federal Government. Paperwork Reduction Act I certify that these regulations do not require additional reporting under the criteria of the Paperwork Reduction Act. Unfunded Mandates Reform Act of 1995 Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 632, 653, 1501-1571, the effects of this regulation on State, local, and tribal governments and the private sector have been assessed. This regulation will not compel the expenditure in any one year of $100 million or more by State, local, and tribal governments, in the aggregate, or by the private sector. Therefore, a statement under § 1532 is not required. Submission to Congress and the General Accounting Office Pursuant to 5 U.S.C. 810(a)(1)(A), the Agency submitted 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 before publication of this rule in the **Federal Register** . This rule is not a major rule as defined at 5 U.S.C. 814(2). List of Subjects in 5 CFR Part 1601 Government employees, Pensions, Retirement. Gregory T. Long, Executive Director, Federal Retirement Thrift Investment Board. For the reasons set forth in the preamble, the Agency amends 5 CFR chapter VI as follows: PART 1601—PARTICIPANTS' CHOICES OF TSP FUNDS 1. The authority citation for part 1601 continues to read as follows: Authority: 5 U.S.C. 8351, 8438, 8474(b)(5) and (c)(1). 2. Amend § 1601.32, by revising paragraph
(b)to read as follows: § 1601.32 Timing and Posting Dates.
(b)*Limit.* There is no limit on the number of contribution allocation or interfund transfer requests that may be made by a participant. In order to mitigate excessive trading expenses, the Executive Director may write to any participant who engages in excessive trading and ask the participant to stop this practice. If the participant continues to engage in excessive trading, the participant may be required to request interfund transfers by mail. [FR Doc. E7-25007 Filed 12-26-07; 8:45 am] BILLING CODE 6760-01-P DEPARTMENT OF AGRICULTURE Rural Housing Service 7 CFR Part 3550 RIN 0575-AC59 Single Family Housing Loans, Payment Assistance AGENCY: Rural Housing Service, USDA. ACTION: Final rule. SUMMARY: This Final Rule implements a change in the regulations for the Rural Housing Service
(RHS)502 Direct Single Family Housing Loans by amending the formula that calculates payment assistance for which a borrower qualifies. This action is being taken to improve the distribution of program benefits, simplify the application process and improve customer service. This Final Rule follows the publication of the Proposed Rule on February 17, 2006, and takes into consideration the public comments received in response to the Proposed Rule. Effective Date: April 1, 2008. FOR FURTHER INFORMATION CONTACT: Michael S. Feinberg, Chief, Loan Origination Branch, Rural Housing Service, USDA, Ag Box 0783, Room 2214, 1400 Independence Avenue, SW., Washington, DC 20250-0783, Telephone: 202-720-1474. SUPPLEMENTARY INFORMATION: Classification This rule has been determined to be significant by the Office of Management and Budget
(OMB)under Executive Order 12866 and has been reviewed by OMB. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-602), the undersigned has determined and certified by signature of this document that this rule will not have a significant economic impact on a substantial number of small entities. This rule does not impose any new requirements on Agency applicants and borrowers, and the regulatory changes affect only Agency determination of program benefits for individual loans. Environmental Impact Statement This document has been reviewed in accordance with 7 CFR part 1940, subpart G, “Environmental Program.” It is the determination of RHS that this proposed action does not constitute a major Federal Action significantly affecting the quality of the human environment and in accordance with the National Environmental Policy Act of 1969, Public Law 91-190, an Environmental Impact Statement is not required. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, the Agency generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, or tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. When such a statement is needed for a rule, section 205 of the UMRA generally requires the Agency to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, more cost-effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of the UMRA. Executive Order 13132 The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the national government and States, or on the distribution of power and responsibilities among the various levels of government. Nor does this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required. Programs Affected This program is listed in the Catalog of Federal Domestic Assistance under No. 10.410, Low Income Housing Loans. Intergovernmental Consultation For the reasons set forth in the final rule to 7 CFR part 3015, subpart V, and related notice (48 FR 29115) this program is excluded from the scope of Executive Order (E.O.) 12372, which requires intergovernmental consultation with State and local officials. Civil Justice Reform This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. In accordance with this Executive Order:
(1)All State and local laws and regulations that are in conflict with this rule will be preempted,
(2)no retroactive effect will be given to this rule, and
(3)administrative proceedings in accordance with the regulations of the Agency at 7 CFR part 11 must be exhausted before bringing litigation challenging action taken under this rule. Paperwork Reduction Act The information collection requirements contained in these regulations have been approved by OMB under the provisions of 44 U.S.C. chapter 35 and have been assigned OMB control number 0575-0172 in accordance with the Paperwork Reduction Act. This rule does not revise or impose any new information collection requirements. E-Gov Statement RHS is committed to compliance with the E-Government Act of 2002 (E-Gov), which requires Government agencies, in general, to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. Economic Impact Analysis In 2004, USDA Rural Development engaged Bearing Point to study the methodology used to determine the amount of Payment Assistance provided on direct single family housing loans made pursuant to the Housing Act of 1949, as amended. Payment assistance is the subsidy on the interest rate charged to the borrower and reduces the amount of their principal and interest payment to as low as a 1 percent interest rate. The study was done in response to concerns expressed by the program's stakeholders that the use of Area Median Income
(AMI)to establish individual borrower subsidy resulted in disparate treatment and was unnecessarily complicated. In addressing the concerns, the Agency wanted to assure that the program would continue to serve the same target market without additional cost to the program. Payment assistance is the largest component of the subsidy cost for this program, estimated to be 9.37 percent for FY 2008. Comments on the proposed rule expressed concern about the effect of the changes. As a result, further analysis was performed, again with the assistance of Bearing Point. The concerns focused on the treatment of leveraged loans and the potential adverse impact on the lower income customers within the target market. The Bearing Point studies are available for public inspection during working hours at Room 2214, 1400 Independence Avenue, SW., Washington, DC 20250-0783. Telephone: 202-720-1474. The proposed formula eliminated the consideration of AMI addressing the disparity between higher and lower income areas. As a result, borrowers with the same income will receive the same amount of payment assistance based on the same housing costs (Principal, Interest, Taxes, and Insurance) regardless of where they live. The proposed change also required that borrowers pay a minimum of 25% of their income towards repayment of the loan. The current formula bases minimum payment on a range from 22 to 26 percent depending on the borrower's income relative to AMI. In the final rule, the Agency reduced the minimum payment to 24% of income and also allowed for consideration of a leveraged loan when the loan is based on an affordable housing product. An eligible leveraged loan is a loan with payments amortized over a period of not less than 30 years and an interest rate that does not exceed three percent. Implementing this revised payment assistance formula directly addresses the concerns expressed in the comments that the proposed new formula will increase the cost burden on very-low income borrowers. While the PITI contribution of some very-low income borrowers will still rise (from 22% to 24%), the impact will not be as great as it would have been with a rise in borrower's PITI contribution from (22% to 25% of AAI) as was originally suggested in the Proposed Rule. Implementation of this payment assistance formula will also address the concerns raised in the comments that the proposed new formula adversely affects the leveraged loan program. This adjustment provides incentives for borrowers who receive affordable leverage loans. The program will continue to assist very-low and low-income, rural residents to improve their living conditions and economic situation by building equity through homeownership. Based on the new study the payment assistance formula will not have an adverse economic impact on potential borrowers and will provide fair and equitable treatment to all borrowers. In addition, the study also concluded that the new formula will not increase the cost of the program and will continue to serve the same target population. The methodology for determining payment assistance upon implementation of the Final Rule will have no significant economic impact and will result in a small decrease in the subsidy cost of the program to a level of 9.31% in FY 2008. I. Background The U.S. Department of Agriculture's (USDA's) Rural Development is revising the regulations for its Direct Single Family Housing Loans. This Program provides loans to low and very-low income households to purchase homes in rural areas. Rural Development provides rural homeownership credit to those who otherwise could not obtain it. These loans provide financing at reasonable rates and terms with no downpayments required. Since 1995, resultant mortgage payments and payment assistance amounts have been based on a percentage of the participating household's adjusted annual income (AAI). However, in recent years, Rural Development began to gather anecdotal information that suggested the formula implemented in 1995 may be resulting in disparate treatment for some borrowers, especially those located in more rural counties. Additionally, the Agency received complaints that the payment assistance calculation was too complex, relying upon multiple variables that change from year to year, making the formula difficult to explain to both borrowers and other parties involved in the loan origination and servicing processes. As a response, Rural Development contracted for a study of the payment assistance formula, and requested the development of alternative formulas. After extensive analysis, one alternative formula was chosen and proposed in the **Federal Register** on February 17, 2006. This formula differed from the current formula in that it removed the average median income
(AMI)component from the payment assistance calculation, reduced the emphasis on the use of leveraged loan funding by applying a single payment assistance formula to all households (versus the current formula, which has different criteria for borrowers who do not use leveraged loans versus borrowers who do) and increased the minimum household's principal, interest, taxes, and insurance
(PITI)contribution floor payment from 22% to 25%. II. New Payment Assistance Formula Proposed in **Federal Register** on February 17, 2006 Below is the proposed new payment assistance formula for all borrowers: Payment Assistance = Note Rate PITI − Borrower's PITI Contribution Regardless of the use of leveraged loans, the borrower's PITI contribution is the higher of: • 25 percent of borrower's adjusted annual income (“AAI”). • Principal and Interest (“P&I”) calculated at 1 percent plus Taxes and Insurance (“T&I”). III. Discussion of Public Comments Received on the February 17, 2006 Proposed Rule The Agency received 51 comments in response to the Proposed Rule. These comments came predominantly from non-profit organizations, advocacy groups, and community development organizations. Several comments supported the new formula. 14 comments supported the removal of AMI from the current formula, 7 comments supported the increased simplification, and 2 comments supported the consideration of taxes and income. Rural Development also received comments that expressed concern regarding some unintended consequences of the new formula. The three largest concerns included: The impact on the leveraged loan program (36 comments); the impact on very-low income borrowers (21 comments); and the impact on the target market (7 comments). The Agency has examined these three concerns in detail and amended the proposed formula to minimize the unintended consequences arising from the implementation of a new payment assistance formula. A. Concern #1—The Impact of the Proposed New Formula on the Leveraged Loan Program Under the current program, state set-asides are established to fund Rural Development loans with leveraged funding based on certain partnership arrangements. This means that applications using leveraged loans do not have to compete with applications that do not use leveraged loans. Additionally, under the current regulations, borrowers who use leveraged loans are not subject to the floor rate portion of the payment assistance formula. Payment assistance for a borrower who uses a leveraged loan is determined using only the effective interest rate (EIR). This provision has, on average, increased the payment assistance for those borrowers who have leveraged loans, providing an incentive for borrowers to seek out leveraged funding. The payment assistance formula, as proposed, will no longer distinguish between the two types of borrowers. All borrowers, regardless of their use of leveraged loans, will be treated equally under the new formula. Many comments opposed this reduced emphasis on the use of leveraged loans. *Agency Response* : While it is true that the proposed new formula will reduce the incentive to use leveraged loan funding, this does not necessarily translate into affecting target borrowers in a materially detrimental way. Consider: 1. The leveraged portion of the average borrower's principal is relatively insignificant. Out of 10,502 new borrowers in Fiscal Year 2003, 4,548 (43%) were under the leveraged loan program. However, leveraged loan dollars accounted for only 8.2% of the total loan level. 2. Borrowers who use leveraged loans have, on average, higher adjusted annual incomes than the average income of all borrowers in the Direct Single Family Housing Loan Program. 3. Pursuant to their first lien position and insulation from credit risk, private lenders accrue much of the subsidy benefit, rather than borrowers. *Adjustment made to reflect comment concerns:* In light of the strong response against the reduced incentive for leveraged lending, the Agency has amended the proposed payment assistance formula to recognize payments made on leveraged loans that meet certain criteria as part of the borrower's minimum PITI contribution. In order to be recognized under the new formula, leveraged loans must have: • An interest rate that is equal to or less than 3%, and • A long-term amortization (not less than 30 years). This adjustment sustains an incentive for leveraged loan participation, but limits that incentive to housing loans at interest rates reflective of affordable housing products (i.e., rates of 3% or less). B. Concern #2—The Impact of the Proposed New Formula on the Very-Low Income Households Another concern expressed in the comments was that the proposed new formula would have a potentially adverse affect on very-low income borrowers. Comments expressed concern that the amount of payment assistance received by very-low income borrowers would decrease as a result of the proposed new formula. Comments also expressed apprehension that the new formula would narrow the window of eligibility for very-low income borrowers by raising the borrower's PITI contribution against fixed underwriting standards. Currently, the maximum front-end ratio (a borrower's contribution toward total housing products as a percentage of AAI) is fixed at 29% for very-low income borrowers and 33% for low income borrowers, and the maximum back-end ratio (total debt as a percentage of AAI) for all borrowers is fixed at 41%. As very-low income borrowers have the tightest underwriting criteria, they have the potential of being the most affected by the new formula. *Agency Response:* Rural Development acknowledges that, by definition, the new formula will decrease the amount of payment assistance some very-low income borrowers receive, as their expected borrower's contribution will rise from 22% of AAI to 25%. However, it is important to note that the new formula will alleviate inequitable distribution of Program benefits that has been occurring under the current formula, and therefore will be more beneficial as a whole to the market served by the Direct Single Family Housing Loan Program. Further, the elimination of the stair steps associated with the old formula will have a positive impact on the stability of the borrower's payments, improving their ability to stay current on their loans. The Agency is required by law to maintain that at least 40 percent of appropriated funds for the Program are used to assist families with an annual income of less than 50 percent of area median income to ensure this part of the market continues to receive maximum benefit. Analysis revealed that using the proposed new formula, when compared to the current formula, only a negligible number of borrowers would be excluded from qualifying for participation in the Direct Single Family Housing Loan Program based on current underwriting criteria. *Adjustment made to reflect comment concerns:* Rural Development has amended the proposed formula by lowering the borrower's minimum PITI contribution from 25% of AAI to 24% of AAI. While the PITI contribution of some very-low income borrowers will still rise (from 22% to 24% of AAI), the impact will not be as great as it would have been with a rise in borrower's PITI contribution from 22% to 25% of AAI, as was originally suggested in the Proposed Rule. C. Concern #3—The Impact of the Proposed New Formula on the Target Market One of the original objectives in choosing a new payment assistance formula was that the new formula serve the same target market of borrowers. Some comments received in response to the Proposed Rule expressed concern that the proposed new formula would not meet this objective. To address this issue, Rural Development examined three areas to assess whether the proposed new formula would serve the same target market: • The level of payment assistance received. • The number of borrowers served. • The type of borrower served. *Agency Response:* Rural Development found that the proposed new payment assistance formula would not significantly alter the average monthly payment assistance received by participating borrowers. It also concluded that the proposed new formula would not increase the number of borrowers who were excluded from participating in the Program as a result of underwriting criteria. However, the new payment assistance formula would exclude some borrowers because under the new formula, the PITI contributions of these affected borrowers would exceed the monthly payments they would pay at the note rate. In other words, the new formula would increase their expected PITI contributions to a level where they would no longer receive payment assistance from the Agency. It is important to note, however, that these affected borrowers have, on average, relatively higher incomes than the overall average income of all borrowers, and are predominately borrowers who use leveraged loans. *Adjustments made to reflect comment concerns:* The two adjustments described above seek to minimize the number of borrowers impacted by this phenomenon—first, by lowering the borrower's PITI contribution, and second, by recognizing payments made toward leveraged loans in the determination of the level of payment assistance a borrower will receive. IV. Final Payment Assistance Formula Below is the final payment assistance formula to be implemented in the Direct Single Family Housing Loan Program for all borrowers: Payment Assistance = Note Rate PITI − Borrower's PITI Contribution Regardless of the use of leveraged loans, the borrower's PITI contribution is the higher of: • 24 percent of borrower's adjusted annual income (“AAI”) for the total PITI. • Principal and Interest (“P&I”) calculated at 1 percent on the Rural Development loan plus Taxes and Insurance (“T&I”). Rural Development is allowing the recognition of payments made on leveraged loans that meet certain criteria to be included in the calculation of the borrower's minimum PITI contribution of 24% of AAI. These criteria include: • An interest rate that is equal to or less than 3%; and • A long-term amortization (not less than 30 years). This final payment assistance formula preserves some incentive for participating borrowers to retain leveraged loans and reduces the impact the new formula will have on very-low income households. Additionally, it also maintains the objectives of increasing the equitability of program benefits and simplifying the application process, while still serving the same target market. A borrower who is currently on payment assistance or interest credit will remain on the current formula as long as they continue to qualify. A borrower who never received payment assistance or interest credit or one who stopped receiving said assistance and later qualifies for payment subsidy will receive Payment Assistance 2. Due to credit reform considerations, a borrower may not voluntarily switch from one method to another. It should be noted that recapture of payment assistance is not changed by this rule. List of Subjects in 7 CFR Part 3550 Accounting, Housing, Loan programs—Housing and community development, low and moderate income housing, Manufactured homes, Reporting and recordkeeping requirements, Rural areas, Subsidies. Therefore, Chapter XXXV, title 7, Code of Federal Regulations is amended to read as follows: PART 3550—DIRECT SINGLE FAMILY HOUSING LOANS AND GRANTS 1. The authority citation for part 3550 continues to read as follows: Authority: 5 U.S.C. 301; 42 U.S.C. 1480. Subpart B—Section 502 Origination 2. Section 3550.10 is amended by revising the definitions for “leveraged loan” and “payment assistance” to read as follows: § 3550.10 Definitions. *Leveraged loan.* An affordable housing product loan or grant to an Agency borrower property, closed simultaneously with an RHS loan. Affordable leveraged loans are characterized by long term (not less than 30 years), amortized payments with a note interest rate equal to or less than 3 percent . *Payment assistance.* A payment subsidy available to eligible section 502 borrowers that reduces the effective interest rate of a loan (see § 3550.68(c)). Borrowers eligible for a payment subsidy receive payment assistance unless they are currently eligible for and receive interest credit. There are two methods of payment assistance. Payment assistance method 1 is found at 3550.68(c)(2). Payment assistance method 2 is found at 3550.68(c)(1). 3. Section 3550.68 is revised to read as follows: § 3550.68 Payment subsidies. RHS administers three types of payment subsidies: interest credit, payment assistance method 1, and payment assistance method 2. Payment subsidies are subject to recapture when the borrower transfers title or ceases to occupy the property.
(a)*Eligibility for payment subsidy.*
(1)Applicants or borrowers who receive loans on program terms are eligible to receive payment subsidy if they personally occupy the property and have adjusted income at or below the applicable moderate-income limit.
(2)Payment subsidy may be granted for initial loans or subsequent loans made in conjunction with an assumption only if the term of the loan is 25 years or more.
(3)Payment subsidy may be granted for subsequent loans not made in conjunction with an assumption if the initial loan was for a term of 25 years or more.
(b)*Determining type of payment subsidy.*
(1)A borrower currently receiving interest credit will continue to receive it for the initial loan and for any subsequent loan for as long as the borrower is eligible for and remains on interest credit.
(2)A borrower currently receiving payment assistance using payment assistance method 1 will continue to receive it for the initial loan and for any subsequent loan for as long as the borrower is eligible for and remains on payment assistance method 1.
(3)A borrower who has never received payment subsidy, or who has stopped receiving interest credit or payment assistance method 1, and at a later date again qualifies for a payment subsidy, will receive payment assistance method 2.
(4)A borrower may not opt to change payment assistance methods.
(c)*Calculation of payment assistance.* Regardless of the method used, payment assistance may not exceed the amount necessary if the loan were amortized at an interest rate of one percent.
(1)*Payment Assistance Method 2.* The amount of payment assistance granted is the lesser of the difference between:
(i)The annualized promissory note installments for the combined RHS loan and eligible leveraged loans plus the cost of taxes and insurance less twenty-four percent of the borrower's adjusted income, or
(ii)The annualized promissory note installment for the RHS loan less amount the borrower would pay if the loan were amortized at an interest rate of one percent.
(2)*Payment Assistance Method 1.* The amount of payment assistance granted is the difference between the annualized note rate installment as prescribed on the promissory note and the lesser of:
(i)The floor payment, which is defined as a minimum percentage of adjusted income that the borrower must pay for PITI: 22 percent for very low-income borrowers, 24 percent for low-income borrowers with adjusted income below 65 percent of area adjusted median, and 26 percent for low-income borrowers with adjusted incomes between 65 and 80 percent of area adjusted median; or
(ii)The annualized note rate installment and the payment at the equivalent interest rate, which is determined by a comparison of the borrower's adjusted income to the adjusted median income for the area in which the security property is located. The following chart is used to determine the equivalent interest rate. When the applicant's adjusted income is: Percentage of Median Income and the Equivalent Interest Rate Equal to or more than: BUT less than: THEN the equivalent interest rate is* 00% 50.01 of adjusted median income 1% 50.01% 55 of adjusted median income 2% 55% 60 of adjusted median income 3% 60% 65 of adjusted median income 4% 65% 70 of adjusted median income 5% 70% 75 of adjusted median income 6% 75% 80.01 of adjusted median income 6.5% 80.01% 90 of adjusted median income 7.5% 90% 100 of adjusted median income 8.5% 100% 110% of adjusted median income 9% 110% Or more than adjusted median income 9.5% * Or note rate, whichever is less; in no case will the equivalent interest rate be less than one percent.
(d)*Calculation of interest credit.* The amount of interest credit granted is the difference between the note rate installment as prescribed on the promissory note and the greater of:
(1)Twenty percent of the borrower's adjusted income less the cost of real estate taxes and insurance, or
(2)The amount the borrower would pay if the loan were amortized at an interest rate of 1 percent.
(e)*Annual review.* The borrower's income will be reviewed annually to determine whether the borrower is eligible for continued payment subsidy. The borrower must notify RHS whenever an adult member of the household changes or obtains employment, there is a change in household composition, or if income increases by at least 10 percent so that RHS can determine whether a review of the borrower's circumstances is required. Dated: December 13, 2007. Thomas C. Dorr, Under Secretary, Rural Development. [FR Doc. E7-25107 Filed 12-26-07; 8:45 am] BILLING CODE 3410-XV-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2005-20856; Directorate Identifier 2004-NE-25-AD; Amendment 39-15315; AD 2007-26-13] RIN 2120-AA64 Airworthiness Directives; MT-Propeller Entwicklung GmbH Propellers AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive
(AD)for certain MT-Propeller Entwicklung GmbH variable pitch and fixed pitch propellers manufactured before 1995, which had not been overhauled since April 1994. That AD currently requires overhauling the propeller blades and performing initial and repetitive visual inspections of affected propeller blades. That AD also requires removing all propeller blades from service with damaged erosion sheath bonding or loose erosion sheaths and installing any missing or damaged polyurethane protective strips. This AD requires the same actions. This AD results from the need to clarify the population of affected propellers previously listed in AD 2006-05-05. We are issuing this AD to prevent erosion sheath separation leading to damage of the airplane. DATES: This AD becomes effective January 31, 2008. ADDRESSES: You can get the service information identified in this AD from MT-Propeller USA, Inc., 1180 Airport Terminal Drive, Deland, FL 32724; telephone
(386)736-7762, fax
(386)736-7696, or visit *http://www.mt-propeller.com.* The Docket Operations office is located at Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. FOR FURTHER INFORMATION CONTACT: Terry Fahr, Aerospace Engineer, Boston Aircraft Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail *terry.fahr@faa.gov;* telephone
(781)238-7155, fax
(781)238-7170. SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 with a proposed AD. The proposed AD applies to certain MT-Propeller Entwicklung GmbH variable pitch and fixed pitch propellers manufactured before 1995, which had not been overhauled since April 1994. We published the proposed AD in the **Federal Register** on December 13, 2006 (71 FR 74878). That action proposed to require: • Overhauling the propeller blades and performing initial and repetitive visual inspections of affected propeller blades. • Removing all propeller blades from service with damaged erosion sheath bonding or loose erosion sheaths and installing any missing or damaged polyurethane protective strips. The proposed AD resulted from the need to clarify the population of affected propellers previously listed in AD 2006-05-05. Since AD 2006-05-05 was issued, MT-Propeller Entwicklung GmbH Propellers and EASA have clarified the population of affected propellers. AD 2006-05-05 described the affected propellers as variable pitch and fixed pitch propellers with serial numbers
(SNs)below 95000. Because propellers with SNs starting with 00, 01, 02, 03, 04, 05, and 06, were manufactured in the years 2000, 2001, 2002, 2003, 2004, 2005, and 2006 respectively, some operators are confused as to whether their propeller SN is part of the affected population. For example, propeller SN 00246, manufactured in 2000, would appear to be part of the affected population because the number is below 95000. For clarification, we are identifying the affected population as variable pitch and fixed pitch propellers manufactured before 1995 which had not been overhauled since April 1994. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comment received. Request To Include Only Propeller Models That Have U.S. Type Certificates One commenter, the Modification and Replacement Parts Association, requests that we include only those propeller models that have FAA type certificates, and that only those type certificates dated before 1996 be included in the applicability, or that some alternate applicability scheme be employed that is clear and unambiguous. The commenter is assuming that the AD action should be applicable only to propellers that have an FAA type certificate. We agree and changed the applicability to include only those propeller models that have FAA type certificates, and only those type certificates dated before 1996. Conclusion We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance We estimate that 103 of these MT-Propeller Entwicklung GmbH variable pitch and fixed pitch propellers installed on aircraft of U.S. registry will be affected by this AD. We also estimate that it will take about 2 work-hours to inspect and install the polyurethane protective strip of each affected propeller, and about 4 work-hours to remove a propeller requiring overhaul. The average labor rate is $80 per work-hour. Required parts to inspect and install the polyurethane protective strip of each affected propeller will cost about $20. Based on these figures, we estimate the total cost of the AD to U.S. operators to inspect and install protective strips, to be $18,540. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Amendment 39-14502 (71 FR 11151, March 6, 2006), and by adding a new airworthiness directive, Amendment 39-15315, to read as follows: **2007-26-13 MT-Propeller Entwicklung GmbH:** Amendment 39-15315. Docket No. FAA-2005-20856; Directorate Identifier 2004-NE-25-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective January 31, 2008. Affected ADs
(b)This AD supersedes AD 2006-05-05, Amendment 39-14502. Applicability
(c)This AD applies to MT-Propeller Entwicklung GmbH, models MT, MTV-1, MTV-3, MTV-5, MTV-6, MTV-7, MTV-9, MTV-11, MTV-12, MTV-14, MTV-15, MTV-18, and MTV-21 propellers manufactured before 1995, which have not been overhauled since April 1994. These propellers may be installed on, but not limited to, Apex ATL, Apex DR400, EADS Socata Rallye, Extra EA-300, Piper PA-46, Rene Fournier RF4, Sukhoi SU-26, SU-29, and SU-31; Yakovlev YAK-52, YAK-54, and YAK-55; and Technoavia SM-92 airplanes. Unsafe Condition
(d)This AD results from the need to clarify the population of affected propellers previously listed in AD 2006-05-05. We are issuing this AD to prevent erosion sheath separation leading to damage of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified unless the actions have already been done. Overhaul of Propeller Blades
(f)Overhaul all installed propeller blades of propellers listed in the applicability, within 30 days after the effective date of this AD, unless previously done per AD 2006-05-05. Initial Visual Inspection of the Propeller Blade
(g)Information about inspection procedures and acceptable limits can be found in Table 1 of this AD. Table 1.—Service Information For propeller model . . . See operation and installation manual . . . MT No. E-112, issued Nov. 1993 or later. MTV-1, MTV-7, MTV-18 No. E-118, issued March 1994 or later. MTV-5, MTV-6, MTV-9, MTV-11, MTV-12, MTV-14, MTV-15, MTV-21 No. E-124, issued March 1994 or later. MTV-3 No. E-148, issued March 1994 or later.
(h)During the next preflight inspection or 100-hour inspection, whichever occurs first, after the effective date of this AD, inspect all MT and MTV propellers by doing the following:
(1)Determine if the erosion sheath of any propeller blade is cracked or loose; and
(2)Determine if any propeller blade has other damage out of acceptable limits.
(3)Before the next flight, remove from service those propeller blades with a cracked or loose erosion sheath, or other damage affecting airworthiness. Initial Visual Inspection of the Propeller Blade Polyurethane Strip
(i)During the next pilot's preflight inspection after the effective date of this AD, if the polyurethane protective strip on the leading edge of the inner portion of the blade is found to be damaged or missing, the polyurethane protective strip must be replaced or installed within 10-flight hours. If electrical de-icing boots are installed, no polyurethane protective strips are required. Repetitive Visual Inspection of the Propeller Blade
(j)If after the effective date of this AD, any propeller blade erosion sheath found to be cracked or loose during the pilot's preflight inspection, or 100-hour inspection, or annual inspection, must be repaired, replaced, or overhauled before the next flight. Repetitive Visual Inspection of the Propeller Blade Polyurethane Strip
(k)If after the effective date of this AD, any propeller blade polyurethane protective strip found to be damaged or missing during the pilot's preflight inspection, or 100-hour inspection, or annual inspection, must be replaced or installed within 10-flight hours. If electrical de-icing boots are installed, polyurethane protective strips are not required. Alternative Methods of Compliance
(l)The Manager, Boston Aircraft Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Special Flight Permits
(m)Special flight permits are not authorized. Related Information
(n)MT-Propeller Entwicklung GmbH, Service Bulletin No. 8B, dated March 8, 2006, pertains to the subject of this AD. European Aviation Safety Agency AD No. 2006-0345, dated November 14, 2006, also addresses the subject of this AD.
(o)Contact Terry Fahr, Aerospace Engineer, Boston Aircraft Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail *terry.fahr@faa.gov;* telephone
(781)238-7155, fax
(781)238-7170, for more information about this AD. Issued in Burlington, Massachusetts, on December 19, 2007. Peter A. White, Assistant Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-25035 Filed 12-26-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0115 Directorate Identifier 2007-CE-080-AD; Amendment 39-15310; AD 2007-26-08] RIN 2120-AA64 Airworthiness Directives; REIMS AVIATION S.A. Model F406 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: On several occasions, leaks of the landing gear emergency blowdown bottle have been reported. Investigations revealed that the leakage was located on the nut manometer because of a design deficiency in the bottle head. If left uncorrected, the internal bottle pressure could not be maintained to an adequate level and could result in a malfunction, failing to extend landing gears during emergency situations. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective January 31, 2008. On January 31, 2008, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4144; fax:
(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on October 31, 2007 (72 FR 61578). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: On several occasions, leaks of the landing gear emergency blowdown bottle have been reported. Investigations revealed that the leakage was located on the nut manometer because of a design deficiency in the bottle head. If left uncorrected, the internal bottle pressure could not be maintained to an adequate level and could result in a malfunction, failing to extend landing gears during emergency situations. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect 7 products of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $11,330 per product. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $79,870 or $11,410 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-26-08 REIMS AVIATION S.A.:** Amendment 39-15310; Docket No. FAA-2007-0115; Directorate Identifier 2007-CE-080-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective January 31, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to F406 airplanes, all serial numbers, that are:
(1)equipped with landing gear emergency blowdown bottle part number (P/N) 9910154-4; and
(2)certificated in any category. Subject
(d)Air Transport Association of America
(ATA)Code 32: Landing Gear. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: On several occasions, leaks of the landing gear emergency blowdown bottle have been reported. Investigations revealed that the leakage was located on the nut manometer because of a design deficiency in the bottle head. If left uncorrected, the internal bottle pressure could not be maintained to an adequate level and could result in a malfunction, failing to extend landing gears during emergency situations. The MCAI requires you to replace the old landing gear emergency blowdown bottle with a newly designed landing gear emergency blowdown bottle. Actions and Compliance
(f)Unless already done, within the next 12 calendar months after January 31, 2008 (the effective date of this AD) remove the emergency blowdown bottle P/N 9910154-4 and install the new emergency blowdown bottle P/N 4063700-1 using the accomplishment instructions of the REIMS AVIATION Industries Service Bulletin No.: F406-66, dated May 7, 2007. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs)* : The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4144; fax:
(816)329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product* : For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements* : For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI European Aviation Safety Agency
(EASA)AD No.: 2007-0190, dated July 12, 2007; and REIMS AVIATION INDUSTRIES Service Bulletin No.: F406-66, dated May 7, 2007, for related information. Material Incorporated by Reference
(i)You must use REIMS AVIATION INDUSTRIES Service Bulletin No.: F406-66, dated May 7, 2007, to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact REIMS AVIATION INDUSTRIES, Aérodrome de Reims Prunay, 51360 Prunay, France, A l'attention du Support Client; telephone: +33 (0)3.26.48.46.53; fax: +33 (0)3.26.49.18.57.
(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Kansas City, Missouri, on December 13, 2007. John R. Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-24638 Filed 12-26-07; 8:45 am] BILLING CODE 4910-13-P SOCIAL SECURITY ADMINISTRATION 20 CFR Part 422 [Docket No. SSA-2007-0009] RIN 0960-AG36 Private Printing of Prescribed Applications, Forms, and Other Publications AGENCY: Social Security Administration. ACTION: Final rule. SUMMARY: We are issuing these final rules to adopt without change the Notice of Proposed Rulemaking published on August 16, 2007 at 72 FR 45991. These final rules amend the regulation at 20 CFR 422.527, which requires a person, institution, or organization (person) to obtain the Social Security Administration's (SSA's) approval prior to reproducing, duplicating, or privately printing any SSA prescribed application or other form whether or not the person intended to charge a fee. Section 1140(a)(2)(A) of the Social Security Act (the Act) prohibits a person from charging a fee to reproduce, reprint, or distribute any SSA application, form, or publication unless he/she obtains the authorization of the Commissioner of Social Security in accordance with such regulations as he may prescribe. (42 U.S.C. 1320b-10(a)(2)(A)). EFFECTIVE DATE: January 28, 2008. FOR FURTHER INFORMATION CONTACT: You may contact Renee Williams, Forms Management Team, Office of Publications and Logistics Management, 6401 Security Boulevard, P.O. Box 7703, Baltimore, Maryland 21235-7703,
(410)965-4163, for information about this regulation. For information on eligibility or claiming benefits, please call our national toll-free numbers, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet site, SSA Online, at *http://www.socialsecurity.gov.* SUPPLEMENTARY INFORMATION: Electronic Version The electronic file of this document is available on the date of publication in the **Federal Register** at *http://www.gpoaccess.gov/fr/index.html.* Background The current regulation at 20 CFR 422.527 requires any person who wishes to reproduce, duplicate, or privately print any application or other form prescribed by SSA to obtain prior approval of such use from SSA. Consistent with the requirements of 20 CFR 422.527, in 1992, SSA began approving requests from the public to duplicate or privately print the Administration's applications or other forms. The requirement to obtain SSA approval applied whether or not the person intended to charge a fee. Section 312(a) of the Social Security Independence and Program Improvement Act (SSIPA) amended the Social Security Act (the Act) and, among other things, added section 1140(a)(2)(A) to the Act. Pub. L. 103-296, Sec. 312(a) (codified as 42 U.S.C. 1320b-10(a)(2)(A)). This section prohibits any person from charging a fee to reproduce, reprint, or distribute SSA's official applications, forms, or publications unless the Commissioner grants the person specific written authorization in accordance with regulations which the Commissioner shall prescribe. These final rules will implement section 312(a) of the SSIPA by adding SSA publications to § 422.527 and by providing for SSA's prior approval of requests to reproduce, reprint, and/or distribute its applications, forms, or publications when the person intends to charge a fee. Furthermore, this final rule will implement section 312(a) by establishing the procedure any person who intends to charge a fee for reproducing, reprinting, or distributing SSA materials must follow to obtain SSA's prior approval. The requirement to obtain SSA's prior approval will apply regardless of the means the person uses to transmit the document, *e.g.* , Internet or direct mail. These final rules will help to ensure that consumers obtain accurate and current materials and information regarding the Administration's programs. Nothing in this rule alters or affects the requirement to submit the forms and applications prescribed by SSA or otherwise permits any modifications of SSA's prescribed forms and applications. Regulatory Procedures Executive Order 12866 We have consulted with the Office of Management and Budget
(OMB)and determined that these final rules do not meet the criteria for a significant regulatory action under Executive Order 12866, as amended. Regulatory Flexibility Act We certify that these final rules will not have a significant economic impact on a substantial number of small entities. Therefore, a regulatory flexibility analysis as provided in the Regulatory Flexibility Act, as amended, is not required. Paperwork Reduction Act In these final rules at 20 CFR 422.527, we are implementing the following provisions:
(1)SSA's publications will be added to the list of items which require the Administration's pre-authorization to reprint privately;
(2)SSA's authorization to reprint applications, forms, or publications will only be required if the person or company intends to charge a fee to for the reprinted item(s); and
(3)the procedures a person who intends to charge a fee must follow to obtain SSA's authorization. These final rules contain information collection requirements that need Office of Management and Budget clearance under the Paperwork Reduction Act of 1995 (PRA). As required by the PRA, SSA has submitted a clearance request for the regulation section and for form SSA-1010 (“Request to Reproduce, Duplicate, or Distribute SSA Forms, Applications, or Publications”). SSA will use Form SSA-1010 to collect the required information described in these final rules. SSA will publish the OMB number and expiration date upon approval. As required by the PRA, SSA published a Notice of Proposed Rulemaking on August 16, 2007, at 72 FR 45991. In this Notice, SSA solicited comments under the PRA on the burden estimate; the need for the information; its practical utility; ways to enhance its quality, utility and clarity; and ways to minimize the burden on respondents, including the use of automated collection techniques or other forms of information technology. We did not receive any comments from the public. List of Subjects in 20 CFR Part 422 Administrative practice and procedure, Organization and functions (Government agencies), Social Security, Reporting and recordkeeping requirements. Dated: December 13, 2007. Michael J. Astrue, Commissioner of Social Security. For the reasons set forth in the preamble, we are amending part 422 of chapter III of title 20 of the Code of Federal Regulations as follows: PART 422—ORGANIZATION AND PROCEDURES Subpart F—[Amended] 1. The authority citation for subpart F of part 422 is revised to read as follows: Authority: Sec. 1140(a)(2)(A) of the Social Security Act. 42 U.S.C. 1320b-10(a)(2)(A) (Pub. L. 103-296, Sec. 312(a)). 2. Section 422.527 is revised to read as follows: § 422.527 Private printing and modification of prescribed applications, forms, and other publications. Any person, institution, or organization wishing to reproduce, reprint, or distribute any application, form, or publication prescribed by the Administration must obtain prior approval if he or she intends to charge a fee. Requests for approval must be in writing and include the reason or need for the reproduction, reprinting, or distribution; the intended users of the application, form, or publication; the fee to be charged; any proposed modification; the proposed format; the type of machinery ( *e.g.* , printer, burster, mail handling), if any, for which the application, form, or publication is being designed; estimated printing quantity; estimated printing cost per thousand; estimated annual usage; and any other pertinent information required by the Administration. Forward all requests for prior approval to: Office of Publications Management, 6401 Security Boulevard, Baltimore, MD 21235-6401. [FR Doc. E7-24915 Filed 12-26-07; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 [TD 9372] RIN 1545-BE08 Disclosure of Return Information to the Bureau of the Census AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulation. SUMMARY: This document contains a final regulation relating to the list of items of return information disclosed to the Bureau of the Census (Bureau). The regulation adds two items of return information for use in producing demographic statistics programs, including the Bureau's Small Area Income and Poverty Estimates (SAIPE). The final regulation also removes four items that the Bureau has indicated are no longer necessary. This regulation facilitates the assistance of the IRS to the Bureau in its statistics programs and requires no action by taxpayers and has no effect on their tax liabilities. DATES: *Effective Date:* This regulation is effective on December 27, 2007. *Applicability Date:* For dates of applicability, see § 301.6103(j)(1)-1. FOR FURTHER INFORMATION CONTACT: Glenn Melcher,
(202)622-4570 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background Under section 6103(j)(1), upon written request from the Secretary of Commerce, the Treasury Secretary is to furnish to the Bureau of the Census (Bureau) return information as may be prescribed by Treasury regulations for the purpose of, but only to the extent necessary in, structuring censuses and conducting related statistical activities authorized by law. Section 301.6103(j)(1)-1 of the regulations further defines such purposes by reference to 13 U.S.C. chapter 5 and provides an itemized description of the return information authorized to be disclosed for such purposes. This document adopts a final regulation that authorizes the IRS to disclose the additional items of return information that have been requested by the Secretary of Commerce in developing and preparing demographic statistics, including statutorily mandated Small Area Income and Poverty Estimates (SAIPE). The final regulation also removes certain items of return information that are authorized to be disclosed in the existing regulation but that the Secretary of Commerce has indicated are no longer needed. The final regulation in this issue of the **Federal Register** amends the Procedure and Administration Regulations (26 CFR part 301) relating to Internal Revenue Code
(Code)section 6103(j)(1). The final regulation contains rules relating to the disclosure of return information reflected on returns to officers and employees of the Department of Commerce for structuring censuses and conducting related statistical activities authorized by law. A notice of proposed rulemaking (REG-147195-04, 2005-1 CB 888 [70 FR 12166-01]) was published in the **Federal Register** on March 11, 2005. No comments were received from the public in response to the notice of proposed rulemaking. No public hearing was requested or held. The proposed regulation is adopted by this Treasury decision. Explanation of Provisions As duly requested by the Secretary of Commerce and set forth in the proposed regulation, this final regulation permits disclosure to the Bureau of earned income and the number of Earned Income Credit-eligible qualifying children. The regulation also removes four items of return information that the Bureau indicated it no longer requires. These items are:
(1)End-of-year code;
(2)months actively operated;
(3)total number of documents and the total amount reported on the Form 1096 (Annual Summary and Transmittal of U.S. Information Returns) transmitting Forms 1099-MISC (Miscellaneous Income); and
(4)Form 941 (Employer's Quarterly Federal Tax Return) indicator and business address on Schedule C (Profit or Loss From Business) of Form 1040. Accordingly, the regulation has removed these items of return information from those that may be disclosed to the Bureau. Special Analyses It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to this regulation, and because the regulation does not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Code, the NPRM preceding this regulation was submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small businesses. Drafting Information The principal author of this regulation is Glenn Melcher, Office of the Associate Chief Counsel (Procedure & Administration). List of Subjects in 26 CFR Part 301 Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recordkeeping requirements. Adoption of Amendments to the Regulations Accordingly, 26 CFR part 301 is amended as follows: PART 301—PROCEDURE AND ADMINISTRATION **Paragraph 1.** The authority citation for part 301 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * **Par. 2.** Section 301.6103(j)(1)-1 is amended by: 1. Revising paragraphs (b)(1) introductory text and (b)(3) introductory text, (b)(3)(xvii), (b)(3)(xviii), (b)(3)(xix), (b)(3)(xx), (b)(3)(xxi), (b)(3)(xxii), (b)(3)(xxiii), (b)(3)(xxiv), and (e). 2. Adding paragraphs (b)(1)(xvi) and (b)(1)(xvii). 3. Removing and reserving paragraph (b)(3)(xxv). The revisions and additions read as follows: § 301.6103(j)(1)-1 Disclosures of return information reflected on returns to officers and employees of the Department of Commerce for certain statistical purposes and related activities.
(b)*Disclosure of return information reflected on returns to officers and employees of the Bureau of the Census.*
(1)Officers or employees of the Internal Revenue Service will disclose the following return information reflected on returns of individual taxpayers to officers and employees of the Bureau of the Census for purposes of, but only to the extent necessary in, conducting and preparing, as authorized by chapter 5 of title 13, United States Code, intercensal estimates of population and income for all geographic areas included in the population estimates program and demographic statistics programs, censuses, and related program evaluation:
(xvi)Earned Income (as defined in section 32(c)(2)).
(xvii)Number of Earned Income Tax Credit-eligible qualifying children. (b)(3) Officers or employees of the Internal Revenue Service will disclose the following business-related return information reflected on returns of taxpayers to officers and employees of the Bureau of the Census for purposes of, but only to the extent necessary in, conducting and preparing, as authorized by chapter 5 of title 13, United States Code, demographic and economic statistics programs, censuses, and surveys. (The “returns of taxpayers” include, but are not limited to: Form 941; Form 990 series; Form 1040 series and Schedules C and SE; Form 1065 and all attending schedules and Form 8825; Form 1120 series and all attending schedules and Form 8825; Form 851; Form 1096; and other business returns, schedules and forms that the Internal Revenue Service may issue.):
(xvii)Principal industrial activity code, including the business description. (xviii) Consolidated return indicator.
(xix)Wages, tips, and other compensation.
(xx)Social Security wages.
(xxi)Deferred wages.
(xxii)Social Security tip income. (xxiii) Total Social Security taxable earnings.
(xxiv)Gross distributions from employer-sponsored and individual retirement plans from Form 1099-R.
(xxv)[Reserved].
(e)*Effective/applicability date.* This section is applicable to disclosures to the Bureau of the Census on or after December 27, 2007. Linda E. Stiff, Deputy Commissioner for Services and Enforcement. Approved: December 18, 2007. Eric Solomon, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E7-25014 Filed 12-26-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG-2007-0168] RIN 1625-AA09 Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (AIWW), at Scotts Hill, NC AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, Fifth Coast Guard District, has approved an additional temporary deviation from the regulations governing the operation of the Figure Eight Swing Bridge, at AIWW mile 278.1, at Scotts Hill, NC. From February 1, 2008 at 6 p.m., until February 29, 2008 at 5:30 p.m., this added deviation allows the drawbridge to remain closed-to-navigation each day from 6 p.m. to 9:30 a.m., from 10 a.m. to 1:30 p.m., and from 2 p.m. to 5:30 p.m., to complete sandblasting and painting operations. In addition, commercial vessel openings will be provided at night if at least three hours notice is given by calling
(910)686-0635 or via marine radio on Channel 13. DATES: This deviation is effective from 6 p.m. on February 1, 2008 to 5:30 p.m. on February 29, 2008. ADDRESSES: Materials referred to in this document are available for inspection or copying at Commander (dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is
(757)398-6222. Commander (dpb), Fifth Coast Guard District maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Gary S. Heyer, Bridge Management Specialist, Fifth Coast Guard District, at
(757)398-6629. SUPPLEMENTARY INFORMATION: The Figure Eight Swing Bridge has a vertical clearance in the closed position to vessels of 20 feet, above mean high water (MHW). Also, the vertical clearance in this location is limited to 85 feet, above MHW, by the overhead power line. On October 2, 2007, we published a notice of temporary deviation from regulations entitled “Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (AIWW), at Scotts Hill, NC” in the **Federal Register** (72 FR 56013). Contractors, on behalf of the Figure Eight Homeowners Association (the bridge owner), have requested an extension of the abovementioned temporary deviation with new dates and times to complete sandblasting, cleaning and painting of the bridge superstructure. To finish this operation, the Figure Eight Swing Bridge will be further maintained in the closed-to-navigation position each day from February 1, 2008, until February 29, 2008, from 6 p.m. to 9:30 a.m., from 10 a.m. to 1:30 p.m., and from 2 p.m. to 5:30 p.m. In addition, commercial vessel openings will be provided at night if at least three hours notice is given by calling
(910)686-0635 or via marine radio on Channel 13. At all other times, the drawbridge will operate in accordance with 33 CFR 117.821(a)(3). In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. We have analyzed this temporary deviation under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f). The environmental impact that this temporary deviation will have is minimal because of the drawbridge being closed to vessels to perform routine repair and maintenance will not result in a change in functional use, or an impact on a historically significant element or setting. Dated: December 14, 2007. Waverly W. Gregory, Jr., Chief, Bridge Administration Branch, Fifth Coast Guard District. [FR Doc. E7-24977 Filed 12-26-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD01-04-133] RIN 1625-AB17 Regulated Navigation Area; Buzzards Bay, Massachusetts; Navigable Waterways Within the First Coast Guard District AGENCY: Coast Guard, DHS. ACTION: Final rule; correction. SUMMARY: The Coast Guard is making a technical correction to a Final Rule published in the **Federal Register** on December 13, 2007. (72 FR 70780.) The Final Rule titled “Regulated Navigation Area; Buzzards Bay, Massachusetts; Navigable Waterways within the First Coast Guard District” contained an inaccurate amendatory instruction to revise an imprecise and potentially confusing cross references regarding the applicability of certain regulations implemented by the rule. The revised amendatory instruction provided in this correction is intended to implement the revision to Part 165 found in 72 FR 70780. DATES: This correction is effective as of December 27, 2007. ADDRESSES: Comments and material received from the public concerning this correction will be made part of the docket for the underlying rule and will be available for inspection and copying at the offices of Commander, Coast Guard Sector Southeastern New England, East Providence Office, 20 Risho Avenue, East Providence, RI 02914, between 8 a.m. and 3 p.m. Monday through Friday, except federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. Edward G. LeBlanc at Coast Guard Sector Southeastern New England, East Providence, RI, 401-435-2351. SUPPLEMENTARY INFORMATION: Background On December 13, 2008, the Coast Guard published a Final Rule titled “Regulated Navigation Area; Buzzards Bay, Massachusetts; Navigable Waterways within the First Coast Guard District” to correct an existing Regulated Navigation Area
(RNA)within the waters of the First Coast Guard District. (72 FR 70780). Specifically, the Final Rule corrected erroneous references to “Subpart B of this chapter” and “Subpart B of this part” in Part 161 and Part 165, respectively. The references should have instead referred to “Subpart B of Part 161” in the revisions of both Part 161 and Part 165. The correction to Part 161 has been made. However, the reference in Part 165 was not made due to an inaccurate amendatory instruction. The substantive requirements of the rule are not altered by this technical correction. Need for Correction The Final Rule published on December 13, 2007 amended Parts 161 and 165 of Title 33 of the Code of Regulations. (72 FR 70780.) As explained in the preamble, the Final Rule revised a previously published erroneous reference to “Subpart B of this chapter” and “Subpart B of this part” in Part 161 and Part 165, respectively, instead of referring to “Subpart B of Part 161” in the revisions of both Part 161 and Part 165. The amendatory instruction for the Part 165 correction erroneously directed the deletion of 33 CFR 165.100(d)(5)(iv)(A)-(B) instead of only correcting the introductory text of 33 CFR 165.100(d)(5)(iv). This Final Rule corrects amendatory instruction 4 to revise the introductory text of 33 CFR 165.100(d)(5)(iv) without deleting subparagraphs
(A)and (B), which was the intent of the December 13, 2007 Final Rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—WATERWAYS SAFETY; REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS In the December 13, 2007 **Federal Register** , page 70780, amendatory instruction 4 is corrected to read as follows: “4. In § 165.100, revise (d)(5)(iv) introductory text to read as follows:” Dated: December 17, 2007. Steve Venckus, Chief, Office of Regulations and Administrative Law, U.S. Coast Guard. [FR Doc. E7-24978 Filed 12-26-07; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [EPA-HQ-OAR-2007-0384; FRL-8510-9 ] RIN 2060-AO28 Protection of Stratospheric Ozone: Extension of Global Laboratory and Analytical Use Exemption for Essential Class I Ozone-Depleting Substances AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is taking final action to extend the global laboratory and analytical use exemption for the production and import of class I ozone-depleting substances through December 31, 2011, consistent with the recent actions by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. The exemption allows persons in the United States to produce and import controlled substances for laboratory and analytical uses that have not been already identified by EPA as nonessential. The final rule also extends the applicability of the global laboratory and analytical use exemption to the production and import of methyl bromide for specific laboratory uses. Finally, this action eliminates the testing of organic matter in coal from the global laboratory and analytical use exemption. DATES: This final rule is effective on December 27, 2007. ADDRESSES: EPA has established a docket for this action identified under Docket ID No. EPA-HQ-OAR-2007-0384. All documents in the docket are listed on the *http://www.regulations.gov* site. Although listed in the index, some information is not publicly available, e.g., 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 only through *www.regulations.gov* or in hard copy. To obtain copies of materials in hard copy, please call the EPA Docket Center at
(202)564-1744 between the hours of 8:30 a.m.-4:30 p.m. E.S.T., Monday-Friday, excluding legal holidays, to schedule an appointment. The EPA Docket Center's Public Reading Room address is EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20004. FOR FURTHER INFORMATION CONTACT: Staci Gatica by regular mail: U.S. Environmental Protection Agency, Stratospheric Protection Division (6205J), 1200 Pennsylvania Avenue, NW., Washington, DC, 20460; by courier service or overnight express: 1301 L Street, NW., Washington DC 20005, Workstation 1047B, by telephone: 202-343-9469; or by e-mail: *gatica.staci@epa.gov.* You may also visit the EPA's Ozone Depletion Web site at *www.epa.gov/ozone/strathome.html* for further information about EPA's Stratospheric Ozone Protection regulations, the science of ozone layer depletion, and other related topics. SUPPLEMENTARY INFORMATION: Section 553(d) of the Administrative Procedure Act (APA), 5 U.S.C. Chapter 5, generally provides that rules may not take effect earlier than 30 days after they are published in the **Federal Register** . EPA is issuing this final rule under section 307(d) of the Clean Air Act, which states: “The provisions of section 553 through 557 * * * of Title 5 shall not, except as expressly provided in this section, apply to actions to which this subsection applies.” CAA section 307(d)(1). Thus, section 553(d) of the APA does not apply to this rule. EPA is nevertheless acting consistently with the policies underlying APA section 553(d) in making this rule effective on January 1, 2008. APA section 553(d) authorizes an earlier effective date “as otherwise provided by the agency upon good cause found and published with the rule.” Because, absent today's action, the exemption from the phaseout of Class I substances used for laboratory and analytical uses will expire as of the end of 2007, it is important to assure that today's action will take effect at the beginning of 2008. Table of Contents I. Background on the Montreal Protocol and the Global Laboratory and Analytical Use Exemption II. This Action A. Extension of the Global Laboratory and Analytical Use Exemption B. Applicability of the Global Laboratory and Analytical Use Exemption to Methyl Bromide C. Eliminating the Testing of Organic Matter in Coal From the Global Exemption for Laboratory and Analytical Use D. Minor Technical Corrections III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act I. Background on the Montreal Protocol and the Global Laboratory and Analytical Use Exemption The Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) is the international agreement to reduce and eventually eliminate the production and consumption 1 of all ozone-depleting substances (ODSs). The elimination of production and consumption of ODSs has been accomplished through adherence to phaseout schedules for specific ODSs. Section 604 of the Clean Air Act, as amended in 1990 and 1998, requires EPA to promulgate regulations implementing the Montreal Protocol's phaseout schedules in the United States. Those regulations are codified at 40 CFR Part 82, Subpart A. As of January 1, 1996, production and import of most class I ODSs—including chlorofluorocarbons (CFCs), halons, carbon tetrachloride, and methyl chloroform 2 —were phased out in developed countries, including the United States. 1 “Consumption” is defined as the amount of a substance produced in the United States, plus the amount imported into the United States, minus the amount exported to Parties to the Montreal Protocol ( *see* Section 601(6) of the Clean Air Act). 1 2 Class I ozone depleting substances are listed at 40 CFR Part 82, Subpart A, Appendix A. However, the Montreal Protocol provides exemptions that allow for the continued import and/or production of ODSs for specific uses. Under the Montreal Protocol, for most class I ODSs, the Parties may collectively grant exemptions to the ban on production and import of ODSs for uses that they determine to be “essential.” For example, with respect to CFCs, Article 2A(4) provides that the phaseout will apply “save to the extent that the Parties decide to permit the level of production or consumption that is necessary to satisfy uses agreed by them to be essential.” Similar language appears in the control provisions for halons (Art. 2B), carbon tetrachloride (Art. 2D), methyl chloroform (Art. 2E), hydrobromofluorocarbons (Art. 2G), and chlorobromomethane (Art. 2I). As defined by Decision IV/25 of the Parties, use of a controlled substance is essential only if
(1)it is necessary for the health, safety or is critical for the functioning of society (encompassing cultural and intellectual aspects), and
(2)there are no available technically and economically feasible alternatives or substitutes that are acceptable from the standpoint of environment and health. Decision X/19 (taken in 1998) allowed a general exemption for essential laboratory and analytical uses through December 31, 2005. EPA codified this exemption at 40 CFR part 82, Subpart A. While the Clean Air Act does not specifically provide for this exemption, EPA determined that an exemption for essential laboratory and analytical uses was allowable under the Act as a *de minimis* exemption. EPA addressed the *de minimis* exemption in the final rule of March 13, 2001 (66 FR 14760-14770). Decision X/19 also requested the Montreal Protocol's Technology and Economic Assessment Panel (TEAP), a group of technical experts from various Parties, to report annually to the Parties to the Montreal Protocol on procedures that could be performed without the use of controlled substances. It further stated that at future Meetings of the Parties (MOPs), the Parties would decide whether such procedures should no longer be eligible for exemptions. Based on the TEAP's recommendation, the Parties to the Montreal Protocol decided in 1999 (Decision XI/15) that the general exemption no longer applied to the following uses: testing of oil and grease and total petroleum hydrocarbons in water; testing of tar in road-paving materials; and forensic finger-printing. EPA incorporated this exclusion at Appendix G to Subpart A of 40 CFR part 82 on February 11, 2002 (67 FR 6352). At the 18th MOP the Parties acknowledged the need for methyl bromide for laboratory and analytical procedures, and added methyl bromide to the approved ODSs under the essential laboratory and analytical use exemption. Decision XVIII/15 outlines specific uses and exclusions for methyl bromide under the exemption. Section II. B of this preamble provides further discussion of the inclusion of methyl bromide in the essential laboratory and analytical use exemption. Most recently in September 2007, at the 19th MOP, the Parties in Decision XIX/18 extended the global laboratory and analytical use exemption through December 31, 2011. Decision XIX/18 also eliminates the testing of organic matter in coal from the global exemption for laboratory and analytical uses of controlled substances and requests the Technology and Economic Assessment Panel
(TEAP)and its Chemical Technical Options Committee
(CTOC)to provide, by the Twenty-first Meeting of the Parties, a list of laboratory analytical uses of ozone-depleting substances, indicating those for which alternatives exist and therefore no longer need exemption for use of class I ODS (p. 43, Air Docket EPA-HQ-OAR-2007-0384). EPA's regulations regarding this exemption at 40 CFR 82.8(b) currently state, “A global exemption for class I controlled substances for essential laboratory and analytical uses shall be in effect through December 31, 2007 subject to the restrictions in appendix G of this subpart, and subject to the record keeping and reporting requirements at § 82.13(u) through (x). There is no amount specified for this exemption.” Because certain laboratory procedures continue to require the use of class I substances in the United States, because non-ODS replacements for the class I substances have not been identified for all uses, and because the Parties, via Decision XIX/18, extended this exemption through December 31, 2011, EPA is revising 40 CFR 82.8(b) to reflect the extension of the exemption to December 31, 2011. For a more detailed discussion of the reasons for the exemption, refer to the March 13, 2001, final rule (66 FR 14760). As discussed in the March 2001 rule, the controls in place for laboratory and analytical uses provide adequate assurance that very little, if any, environmental damage will result from the handling and disposal of the small amounts of class I ODS used in such applications. In addition, the 2006 CTOC Assessment Report shows a general decrease from 2002 through 2005 in the amount of phased-out class I substances being supplied to laboratories under this exemption (p. 33, EPA-HQ-OAR-2007-0384). EPA proposed to extend the date through December 31, 2015 but clearly explained that at the time the proposed rule was issued the Parties had not yet taken a decision regarding extension of the global laboratory and analytical use exemption and that the final rule would reflect the date decided by the Parties at the 18th MOP. II. This Action Today, EPA takes final action to
(1)extend the laboratory and analytical use exemption from December 31, 2007, to December 31, 2011, for specific laboratory uses,
(2)apply the laboratory and analytical use exemption to the production and import of methyl bromide,
(3)eliminate the testing of organic matter in coal from the laboratory and analytical use exemption, and
(4)make technical corrections to regulatory text. A. Extension of the Global Laboratory and Analytical Use Exemption EPA received three comments on the proposed rule (72 FR 52332). Two comments supported the proposal. A third commenter provided general comments stating that chemicals that deplete the ozone should not be used any longer and questioned whether any use of such chemicals is essential. As discussed above, the Montreal Protocol specifically provides for exemptions for essential uses, and Decisions of the Parties—including Decision XIX/18 taken in 2007, specifically provide for an exemption for global laboratory and analytical uses. EPA notes that uses addressed under this exemption are typically for niche applications or for experimental work of importance to society. For example, some Federal and State laws, including regulations issued under the Clean Air Act and the Clean Water Act, require testing of water, soil, or air to measure compliance with environmental standards. A pure sample of an ODS may be necessary to properly calibrate the testing equipment and effectively monitor the presence of chemicals of interest in the environment. A fuller description of laboratory and analytical uses may be found in EPA's March 2001 final rule (66 FR 14760). B. Applicability of the Global Laboratory and Analytical Use Exemption to Methyl Bromide As of January 1, 2005, production and import of methyl bromide has been phased out in the United States, except for limited exemptions (40 CFR 82.4(d)). Methyl bromide is a class I controlled substance used chiefly as a fumigant for soil treatment and pest control. EPA created a system of allowances to permit continued production and import of methyl bromide for critical uses after January 1, 2005 (see 69 FR 76982, December 23, 2004). This critical use exemption does not include provisions for continued production of methyl bromide to supply laboratories. However, the phaseout of methyl bromide production and import does not currently restrict inventories of methyl bromide produced prior to January 1, 2005, from being used for laboratory and analytical applications, as described in the December 23, 2004 final rule. Methyl bromide (also known as bromomethane) has laboratory uses, for example, as a chemical intermediate and methylating agent. EPA regulations allow for methyl bromide to be produced after the January 1, 2005, phaseout date if production is covered by “unexpended critical use allowances” (40 CFR 82.4(b)(1)). The regulations also provide for a “global exemption for class I controlled substances for essential laboratory and analytical uses,” subject to the restrictions in Appendix G (40 CFR 82.4(n)(1)(iii), 82.8(b)). EPA did not address the issue of whether the lab use exemption should apply to methyl bromide when promulgating the initial exemption, but EPA did propose to include methyl bromide in the 2005 rulemaking that extended the exemption through December 31, 2007 (see 70 FR 25727). EPA received one comment on the proposed inclusion of methyl bromide and it was general in nature. Nonetheless, EPA recognized that further discussion of whether the global laboratory exemption should include methyl bromide might occur at a future MOP and deferred final action on the issue. In November of 2006, during the 18th Meeting of the Parties to the Montreal Protocol, the Parties included methyl bromide in the essential laboratory and analytical use exemption via Decision XVIII/15. Specifically, Decision XVIII/15 allows methyl bromide to be used:
(1)As a reference or standard
(a)to calibrate equipment which uses methyl bromide;
(b)to monitor methyl bromide emission levels;
(c)to determine methyl bromide residue levels in goods, plants, and commodities;
(2)in laboratory toxicological studies;
(3)to compare the efficacy of methyl bromide and its alternatives inside a laboratory; and
(4)as a laboratory agent which is destroyed in a chemical reaction in the manner of feedstock. Furthermore, Decision XVIII/15 specifically notes that the Montreal Protocol's technical review bodies were not in favor of classifying field trials using methyl bromide as essential laboratory and analytical uses and indicates that Parties wishing to carry out such field trials could submit critical use nominations for that purpose (p. 43, EPA-HQ-OAR-2007-0384). EPA sought comment on whether the global laboratory and analytical use exemption should specifically include methyl bromide. The three comments received were general in nature and did not discuss methyl bromide specifically. Because EPA did not receive any adverse comment regarding the inclusion of methyl bromide in the laboratory and analytical use exemption, the Agency is extending the exemption to the methyl bromide uses listed in the proposed rule. C. Eliminating the Testing of Organic Matter in Coal From the Global Exemption for Laboratory and Analytical Use Decision X/19, paragraph 2, requests the Technology and Economic Assessment Panel (TEAP), a group of technical experts from various Parties, to report annually on the development and availability of laboratory and analytical procedures that can be performed without using class I controlled substances and that Parties, in subsequent decisions, would decide whether such procedures would no longer be eligible for exemptions. Decision XIX/18 eliminates the testing of organic matter in coal from the global laboratory and analytical use exemption. In the proposed rule, EPA indicated its overall intention to mirror in this final rule, the decisions taken at the 19th MOP in September of 2007. Therefore, this action eliminates the testing of organic matter in coal from the global laboratory and analytical use exemption. EPA highly regards technical recommendations made by the TEAP and routinely amends domestic regulations to mirror decisions taken by the Parties based on TEAP recommendations. D. Minor Technical Corrections EPA proposed to revise three paragraphs in the reporting requirements at 40 CFR 82.13 to correct two sets of minor typographical errors. EPA received no specific comments on these corrections, and is finalizing them today. The first set addresses incorrect paragraph references. Under 40 CFR 82.13(v), distributors of laboratory supplies who purchased controlled substances under the essential global laboratory and analytical use exemption must report on a quarterly basis the quantity of each controlled substance purchased by each laboratory customer whose certification was previously provided to the distributor, and refers to the provisions of paragraph (y). The reference to paragraph
(y)is erroneous and should instead be a reference to paragraph (w), which describes annual certifications provided by laboratory customers. Paragraph
(v)also refers to § 82.4(z), but should actually reference § 82.13(x). Similarly, § 82.13(x) (applicable to distributors who only sell controlled substances as reference standards for calibrating laboratory analytical equipment) incorrectly refers to paragraph
(y)and should instead refer to paragraph (w). Further, the reference to reports required under paragraph
(x)should be corrected to refer to reports required under (v). The second set of corrections addresses the inaccurate terminology that is used to refer to the essential laboratory and analytical use exemption. In § 82.13(v), (w), and (x), the exemption is referred to as the “global laboratory essential-use exemption.” This is not consistent with the rest of the regulation. EPA is replacing the reference to “global laboratory essential-use exemption” with the term “global essential laboratory and analytical use exemption,” in § 82.13(v), (w), and (x). EPA received no specific comments on these corrections. III. Statutory and Executive Order Reviews *A. Executive Order 12866:* Regulatory Planning and Review This final action is not a “significant regulatory action” under the terms of Executive Order
(EO)12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under the EO. B. Paperwork Reduction Act This final action does not propose any new information collection burden. The recordkeeping and reporting requirements included in this action are already included in an existing information collection burden analysis and this action does not propose any changes that would affect the burden. The Office of Management and Budget
(OMB)has previously approved the information collection requirements contained in the existing regulations at 40 CFR 82.8(a) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, *et seq.* and has assigned OMB control number 2060-0170, EPA ICR number 1432.25. A copy of the OMB approved Information Collection Request
(ICR)may be obtained from Susan Auby, Collection Strategies Division; U.S. Environmental Protection Agency (2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by calling
(202)566-1672. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR part 82 are listed in 40 CFR part 9. C. Regulatory Flexibility Act The RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impact of today's final rule on small entities, small entity is defined as:
(1)Pharmaceutical preparations manufacturing businesses (NAICS code 325412) that have less than 750 employees;
(2)a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and
(3)a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of today's final rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. In determining whether a rule has a significant economic impact on a substantial number of small entities, the impact of concern is any significant adverse economic impact on small entities, since the primary purpose of the regulatory flexibility analyses is to identify and address regulatory alternatives “which minimize any significant economic impact of the rule on small entities.” 5 U.S.C. 603 and 604. Thus, an agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, or otherwise has a positive economic effect on all of the small entities subject to the rule. This action provides an otherwise unavailable benefit to those companies that obtain ozone-depleting substances under the essential laboratory and analytical use exemption. Therefore today's action will relieve regulatory burden for all small entities. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.L. 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative, if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed a small government agency plan under section 203 of the UMRA. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. Today's final rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local, or tribal governments or the private sector, since it merely provides an essential laboratory and analytical use exemption from the 1996 and 2005 phaseouts of class I ODSs (including methyl bromide). Similarly, EPA has determined that this rule contains no regulatory requirements that might significantly or uniquely affect small governments, because this rule merely extends the essential laboratory and analytical use exemption. E. Executive Order 13132: Federalism Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” This final rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. Thus, Executive Order 13132 does not apply to this rule. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” This final rule does not have tribal implications, as specified in Executive Order 13175 as it merely provides an essential laboratory and analytical use exemption from the 1996 and 2005 phaseouts of class I ODSs (including methyl bromide). Thus, Executive Order 13175 does not apply to this rule. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks Executive Order 13045: “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997) applies to any rule that:
(1)is determined to be “economically significant” under E.O. 12866, and
(2)concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. EPA interprets E.O. 13045 as applying only to those regulatory actions that are based on health or safety risks, such as the analysis required under section 5-501 of the Order has the potential to influence the regulation. This final rule is not subject to E.O. 13045 as it merely provides an essential laboratory and analytical use exemption from the 1996 and 2005 phaseouts of class I ODSs (including methyl bromide). H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This final 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) because it is not a significant regulatory action under Executive Order 12866. The rule merely provides an essential laboratory and analytical use exemption from the 1996 and 2005 phaseouts of class I ODSs (including methyl bromide). I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This final rule does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order
(EO)12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. The controls in place for laboratory and analytical uses provide adequate assurance that very little, if any, environmental impact will result from the handling and disposal of the small amounts of class I ODS used in such applications. Furthermore, the 2006 CTOC Assessment Report shows a general decrease from 2002 through 2005 in the amount of phased-out class I substances being supplied to laboratories under this exemption. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801, *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, 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 the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). This rule will be effective December 27, 2007. List of Subjects in 40 CFR Part 82 Environmental protection, Administrative practice and procedure, Air pollution control, Chemicals, Chlorofluorocarbons, Imports, Methyl chloroform, Ozone, Reporting and recordkeeping requirements. Dated: December 19, 2007. Stephen L. Johnson, Administrator. For the reasons set out in the preamble, 40 CFR Part 82 is amended as follows: PART 82—PROTECTION OF STRATOSPHERIC OZONE 1. The authority citation for part 82 continues to read as follows: Authority: 42 U.S.C. 7414, 7601, 7671-7671q. Subpart A—Production and Consumption Controls 2. Section 82.8 is amended by revising paragraph
(b)to read as follows: § 82.8 Grant of essential use allowances and critical use allowances.
(b)A global exemption for class I controlled substances for essential laboratory and analytical uses shall be in effect through December 31, 2011, subject to the restrictions in appendix G of this subpart, and subject to the record-keeping and reporting requirements at § 82.13(u) through (x). There is no amount specified for this exemption. 3. Section 82.13 is amended by revising paragraphs (v),
(w)introductory text, and
(x)to read as follows: § 82.13 Recordkeeping and reporting requirements for class I controlled substances.
(v)Any distributor of laboratory supplies who purchased controlled substances under the global essential laboratory and analytical use exemption must submit quarterly (except distributors following procedures in paragraph
(x)of this section) the quantity of each controlled substance purchased by each laboratory customer whose certification was previously provided to the distributor pursuant to paragraph
(w)of this section.
(w)A laboratory customer purchasing a controlled substance under the global essential laboratory and analytical use exemption must provide the producer, importer or distributor with a one-time-per-year certification for each controlled substance that the substance will only be used for essential laboratory and analytical uses (defined at appendix G of this subpart) and not be resold or used in manufacturing.
(x)Any distributor of laboratory supplies who purchased class I controlled substances under the global essential laboratory and analytical use exemption, and who only sells the class I controlled substances as reference standards for calibrating laboratory analytical equipment, may write a letter to the Administrator requesting permission to submit the reports required under paragraph
(v)of this section annually rather than quarterly. The Administrator will review the request and issue a notification of permission to file annual reports if, in the Administrator's judgment, the distributor meets the requirements of this paragraph. Upon receipt of a notification of extension from the Administrator, the distributor must submit annually the quantity of each controlled substance purchased by each laboratory customer whose certification was previously provided to the distributor pursuant to paragraph
(w)of this section. 4. Appendix G to subpart A of part 82 is amended by adding item paragraph 1.
(d)and by adding paragraph 5. to read as follows: Appendix G to Subpart A of Part 82—UNEP Recommendations for Conditions Applied to Exemptions and Essential Laboratory and Analytical Uses 1. * * * d. Testing of organic matter in coal. 5. Pursuant to Decision XVIII/15 of the Parties to the Montreal Protocol, methyl bromide is exempted for the following approved essential laboratory and analytical purposes listed in following items
(a)through (d). Use of methyl bromide for field trials is not an approved use under the global laboratory and analytical use exemption. The provisions of Appendix G, paragraphs (1), (2), (3), and (4), regarding purity, mixing, container, and reporting requirements for other exempt ODSs, also apply to the use of methyl bromide under this exemption. a. Methyl bromide is exempted as an approved essential laboratory and analytical use as a reference or standard to calibrate equipment which uses methyl bromide, to monitor methyl bromide emission levels, or to determine methyl bromide residue levels in goods, plants and commodities; b. Methyl bromide is exempted as an approved essential laboratory and analytical when used in laboratory toxicological studies; c. Methyl bromide is exempted as an approved essential laboratory and analytical use to compare the efficacy of methyl bromide and its alternatives inside a laboratory; and d. Methyl bromide is exempted as an approved essential laboratory and analytical use as a laboratory agent which is destroyed in a chemical reaction in the manner of feedstock. [FR Doc. E7-25091 Filed 12-26-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 001005281-0369-02] RIN 0648-XE53 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Reduction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; trip limit reduction. SUMMARY: NMFS reduces the trip limit in the commercial hook-and-line fishery for king mackerel in the northern Florida west coast subzone to 500 lb (227 kg) of king mackerel per day in or from the exclusive economic zone (EEZ). This trip limit reduction is necessary to protect the Gulf king mackerel resource. DATES: This rule is effective 12:01 a.m., local time, December 27, 2007, through June 30, 2008, unless changed by further notification in the **Federal Register** . FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone 727-824-5305, fax 727-824-5308, e-mail *susan.gerhart@noaa.gov* . SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and, in the Gulf of Mexico only, dolphin and bluefish) is managed under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. On April 27, 2000, NMFS implemented the final rule (65 FR 16336, March 28, 2000) that divided the Florida west coast subzone of the eastern zone into northern and southern subzones, and established their separate quotas. The quota for the northern Florida west coast subzone is 168,750 lb (76,544 kg)(50 CFR 622.42(c)(1)(i)(A)( *2* )( *ii* )). In accordance with 50 CFR 622.44(a)(2)(ii)(B)( *2* ), from the date that 75 percent of the northern Florida west coast subzone's quota has been harvested until a closure of the subzone's fishery has been effected or the fishing year ends, king mackerel in or from the EEZ may be possessed on board or landed from a permitted vessel in amounts not exceeding 500 lb (227 kg) per day. NMFS has determined that 75 percent of the quota for Gulf group king mackerel from the northern Florida west coast subzone has been reached. Accordingly, a 500-lb (227-kg) trip limit applies to vessels in the commercial fishery for king mackerel in or from the EEZ in the northern Florida west coast subzone effective 12:01 a.m., local time, December 27, 2007. The 500-lb (227-kg) trip limit will remain in effect until the fishery closes or until the end of the current fishing year (June 30, 2008), whichever occurs first. The Florida west coast subzone is that part of the eastern zone south and west of 25°20.4′ N. lat. (a line directly east from the Miami-Dade County, FL boundary). The Florida west coast subzone is further divided into northern and southern subzones. The northern subzone is that part of the Florida west coast subzone that is between 26°19.8′ N. lat. (a line directly west from the Lee/Collier County, FL boundary) and 87°31′06″; W. long. (a line directly south from the Alabama/Florida boundary). Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such prior notice and opportunity for public comment is unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule itself already has been subject to notice and comment, and all that remains is to notify the public of the closure, if warranted. NMFS also finds good cause that the implementation of this action cannot be delayed for 30 days. There is a need to implement this measure in a timely fashion to prevent an overrun of the commercial quota of Gulf king mackerel in the northern Florida west coast subzone, given the capacity of the fishing fleet to harvest the quota quickly. Any delay in implementing this action would be contrary to the Magnuson-Stevens Act and the FMP. Accordingly, under 5 U.S.C. 553(d), a delay in the effective date is waived. This action is taken under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: December 20, 2007. Galen R. Tromble, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07-6200 Filed 12-20-07; 2:16 pm]
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U.S. Code
34 references not yet in our index
  • 5 CFR 1601
  • Pub. L. 99-335
  • 5 USC 810(a)(1)(A)
  • 5 USC 814(2)
  • 7 CFR 3550
  • 5 USC 601-602
  • 7 CFR 1940
  • Pub. L. 91-190
  • Pub. L. 104-4
  • 7 CFR 3015
  • 7 CFR 11
  • 14 CFR 39
  • 1 CFR 51
  • 20 CFR 422
  • Pub. L. 103-296
  • 26 CFR 301
  • T.D. 9372
  • 33 CFR 117
  • 42 USC 4321-4370f
  • 33 CFR 165
  • 40 CFR 82
  • 40 CFR 82.8(b)
  • 40 CFR 82.4(d)
  • 40 CFR 82.4(b)(1)
  • 40 CFR 82.4(n)(1)(iii)
  • 40 CFR 82.13
  • 40 CFR 82.13(v)
  • 40 CFR 82.8(a)
  • 40 CFR 9
  • Pub. L. 104-113
  • 50 CFR 622
  • 50 CFR 622.42(c)(1)(i)(A)
  • 50 CFR 622.44(a)(2)(ii)(B)
  • 50 CFR 622.43(a)
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Unknown
Interim rule, with request for comments
Stat.Public Law 99–334
U.S.C.§ 8351
U.S.C.§ 401
U.S.C.§ 8477
U.S.C.§ 602
Fed. Reg.Notices
Fed. Reg.Proposed Rules
Fed. Reg.Notices
U.S.C.§ 301
Cite5 CFR 1601
Pub. L.Pub. L. 99-335
Cite5 USC 810(a)(1)(A)
Cites 64 · showing 12Cited by 0 across 0 sources
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