Unknown. Final rule; technical amendment

11,212 words·~51 min read·/register/2008/01/08/08-35·

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

--- schema: federal-register doc_type: fedreg source_file: FR-2008-01-08.xml --- 73 5 Tuesday, January 8, 2008 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Statement of Organization, Functions, and Delegations of Authority, 1347-1354 E8-39 Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency See Forest Service Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1354-1355 E8-51 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Option for Prescription Drug Plans to Lower thier Premiums for Low-Income Subsidy Beneficiaries, 1301-1306 08-15 NOTICES Notice of Hearing: Reconsideration of Disapproval of California's State Plan Amendment

(SPA)06-019B, 1355-1357 E8-109 Children Children and Families Administration RULES Head Start Program, 1285-1297 E7-25462 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Chelsea River, Chelsea and East Boston, MA, 1274 E8-105 Norwalk River, Norwalk, CT, 1273-1274 E8-104 Safety Zones: Northeast Gateway, Deepwater Port, Atlantic Ocean, Boston, MA, 1274-1276 08-35 Secuirty Zone; Tampa Bay, Port of Tampa, Rattlesnake, Big Bend, Florida, 1276-1279 08-21 Security Zone: Tampa Bay, Port of Tampa, Port of St. Petersburg, Rattlesnake, Old Port Tampa, Big Bend, Weedon Island, and Crystal River; Florida, 1280-1282 08-20 NOTICES Area Maritime Security Advisory Committee Detroit; Vacancies, 1362-1363 E8-107 Area Maritime Security Committee, Eastern Great Lakes; and regional sub-committees; Vacancies, 1363-1364 E8-108 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration Commission of Fine Commission of Fine Arts NOTICES 2008 National Capital Arts and Cultural Affairs Program, 1325 08-16 Meetings, 1325 08-18 Commodity Commodity Credit Corporation NOTICES Cane Sugar and Beet Sugar Marketing Allotments and Company Allocations, 2006-Crop Final and 2007-Crop Initial; Domestic Sugar Program, 1314-1316 E8-35 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1325-1326 E8-102 Education Education Department PROPOSED RULES Postsecondary Education; Notice of Intent To Establish Negotiated Rulemaking Committees Under Title IV of the Higher Education Act of 1965, as Amended, 1300-1301 E8-121 NOTICES Readiness and Emergency Management for Schools Notice inviting applications for new awards for fiscal year

(FY)2008, 1326-1331 E8-120 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: West Virginia Section 110(a)(1) 8-Hour Ozone Maintenance Plan and Amendments to the 1-Hour Ozone Maintenance Plan, 1282-1285 E7-25640 PROPOSED RULES Revisions to the General Conformity Regulations, 1402-1428 E7-25241 Equal Equal Employment Opportunity Commission NOTICES Meetings; Sunshine Act, 1343 08-33 Executive Executive Office of the President See Presidential Documents Export Export-Import Bank NOTICES Meetings; Sunshine Act, 1343 08-55 Farm Farm Credit Administration NOTICES Meetings; Sunshine Act, 1343 08-36 Farm Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1316-1317 E8-34 FAA Federal Aviation Administration RULES Airworthiness directives: Viking Air Ltd. Model (Caribou) DHC-4 and (Caribou) DHC-4A Airplanes, 1269-1271 E7-25613 Establishment of Class E Airspace Wheatland, WY, 1271-1272 E8-26 FCC Federal Communications Commission RULES Rules and Regulations Implementing Minimum Customer Account Record Exchange Obligations on All Local and Interexchange Carriers., 1297-1298 E8-118 PROPOSED RULES Establishing Just and Reasonable Rates for Local Exchange Carriers, 1306-1307 E8-117 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1343-1344 E8-110 Federal Election Federal Election Commission NOTICES Filing Dates for the Mississippi Senate Special Election, 1344-1345 E8-63 Federal Energy Federal Energy Regulatory Commission NOTICES Arrowhead Louisiana Gathering LLC; Notice of Filing, 1331 E8-97 California Independent System Operator Corp.; Notice of Extension of Time, E8-47 1331 E8-54 Cargill Power Markets, LLC, Notice of Complaint, 1331-1332 E8-42 Cheniere Creole Trail Pipeline, L.P; Notice of Application, 1332 E8-75 Chestnut Ridge Storage LLC; Notice of Applications, 1332-1333 E8-69 City of Ottumwa, Iowa; Notice of Availability of Environmental Assessment, 1333-1334 E8-44 Colorado Interstate Gas Company: Notice of Availability of the Final Environmental Impact Statement for the Proposed High Plains Expansion Project, 1334 E8-68 East Tennessee Natural Gas, LLC; Notice of Request Under Blanket Authorization, 1334-1335 E8-48 Enbridge Pipelines (Patoka), LLC; Notice of Filing, 1335 E8-98 Mississippi Power Co.; Notice of Institution of Proceeding and Refund Effective Date, 1336 E8-46 NRG Cedar Bayou Development Company, LLC, et al.; Notice of Effectiveness of Exempt Wholesale Generator or Foreign Utility Company Status, 1336 E8-56 Ocean State Power et al.; Notice of Issuance of Order, 1335-1336 E8-53 E8-59 Orange and Rockland Utilities, Inc.; Notice of Filing, 1336-1337 E8-70 Saltville Gas Storage Company L.L.C.; Notice of Request Under Blanket Authorization, 1337 E8-96 Susquehanna Energy Products LLC; Notice of Issuance of Order, 1337-1338 E8-41 Transcontinental Gas Pipe Line Corp.; Notice of Request Under Blanket Authorization, 1338 E8-45 Upper Peninsula Power Company; Notice of Application and Soliciting Comments, Motions to Intervene, and Protests, 1338-1342 E8-67 E8-71 E8-74 Waterbury Generation, LLC; Notice of Issuance of Order, E8-55 1342-1343 E8-60 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications; Vision, 1395-1397 E8-106 Federal Reserve Federal Reserve System RULES Availability of Funds and Collection of Checks, 1267-1269 E8-6 NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, E8-30 1345-1346 E8-58 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, E8-29 1346-1347 E8-57 Federal Transit Federal Transit Administration NOTICES Alternatives Analysis/Environmental Impact Statement for High-Capacity Transit Improvements in the Tempe South Corridor, 1397-1399 08-13 Fine Arts Fine Arts Commission See Commission of Fine Arts Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Pygmy rabbit, 1312-1313 E7-25017 Food Food and Drug Administration NOTICES Compliance Policy Guide Sec. 555.700 Revocation of Tolerances for Cancelled Pesticides (CPG 7120.29); Withdrawal, 1357 E8-127 Draft, Revised Compliance Policy Guide Sec. 575.100 Pesticide Chemical Residues in Food-Enforcement Criteria (CPG 7141.01); Availability, 1357-1358 E8-123 Guidance for Industry and Food and Drug Administration Staff; Review and Inspection of Premarket Approval Applications Under Bioresearch Monitoring Program, 1359-1360 E8-143 Guidance for Industry and Food and Drug Administration Staff; Review and Inspection of Premarket Approval Application Manufacturing Information, etc., 1358-1359 E8-126 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES Foreign-Trade Zone 202—Los Angeles, California, Area Application for Reorganization/Expansion, 1318-1319 E8-113 Foreign-Trade Zone 38—Spartanburg County, South Carolina Application for Expansion, 1319 E8-112 Forest Forest Service NOTICES Environmental Statements; Notice of Intent: Wallowa-Whitman National Forest, Oregon; Westside Rangeland Analysis, 1317-1318 08-17 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department RULES FHA Appraiser Roster Requirements, 1430-1432 08-8 Home Equity Conversion Mortgages (HECMs): Determination of Maximum Claim Amount; and Eligibility for Discounted Mortgage Insurance Premium for Certain Refinanced HECM Loans, 1434-1436 E8-32 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Boundary and Water Commission, United States and Mexico NOTICES Environmental statements; availability, etc.: Improvements to the USIBWC Rio Grande Flood Control Projects along the Texas-Mexico Border, 1365-1366 E8-37 International International Trade Administration NOTICES Brake Rotors from the People's Republic of China: Notice of Final Results of Expedited Second Sunset Review of Antidumping Duty Order, 1319-1321 E8-116 Carbon and Certain Alloy Steel Wire Rod from Brazil: Final Results of Expedited Five-Year Sunset Review of the Countervailing Duty Order, 1323-1325 E8-115 Carbon and Certain Alloy Steel Wire Rod from Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 1321-1323 E8-114 International International Trade Commission NOTICES Antidumping Duty Investigations and Scheduling of Preliminary Phase Investigations: Aminotrimethylenephosphonic Acid, etc., from China and India, 1366-1367 E8-100 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1364 E8-66 Meetings: Northwest Colorado Resource Advisory Council Sub-committees for the Kremmling Resource Management Plan Revision, 1365 E8-61 Western Montana Resource Advisory Council, 1365 E8-49 Mexico Mexico and United States, International Boundary and Water Commission See International Boundary and Water Commission, United States and Mexico NIH National Institutes of Health NOTICES Meetings: National Toxicology Program; Interagency Center for the Evaluation of Alternative Toxicological Methods, 1360-1362 E7-25553 Nuclear Nuclear Regulatory Commission NOTICES Availability of Environmental Assessment and Finding of No Significant Impact: Addition of the SR-2 Satellite Facility to Power Resources, Inc.'s Smith Ranch-Highlands Uranium Project, Converse County, Wyoming, 1367-1370 E8-101 Dairyland Power Cooperative, La Crosse Boiling Water Reactor; Exemption, 1370-1371 E8-99 Meetings; Sunshine Act, 1371-1372 08-32 Occupational Occupational Safety and Health Administration PROPOSED RULES Regulatory Flexibility Act Review of the Methylene Chloride Standard, 1299-1300 E8-62 Personnel Personnel Management Office NOTICES Privacy Act; computer matching programs, 1372-1373 E8-38 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Pipeline Safety: Polyamide-11 (PA-11) Plastic Pipe Design Pressures, 1307-1312 E8-33 Presidential Presidential Documents PROCLAMATIONS Trade: Rules of origin; adjustment under the U.S.-Chile Free Trade Agreement and the U.S.-Singapore Free Trade Agreement (Proc. 8214), 1437-1477 08-39 EXECUTIVE ORDERS Government agencies and employees: Rates of pay; adjustment (EO 13454), 1479-1492 08-62 SEC Securities and Exchange Commission NOTICES Self-Regulatory Organizations: American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Retire the EEM Options Pilot Program, 1377-1378 E8-86 Chicago Board Options Exchange, Inc.Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change, 1378-1380 E8-95 Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding Trade Processing Fees, 1380-1382 E8-91 Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change, E8-87 1373-1377, 1382-1390 E8-92 E8-93 E8-94 NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Nasdaq's Rule 7033, 1390-1391 E8-84 New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Reduce the Trading Floor Regulatory Fee, 1391-1392 E8-83 NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Amending Certain Transaction Fees and Credits, 1392-1394 E8-85 State State Department NOTICES Meetings: Shipping Coordinating Committee, 1394 E8-111 Surface Surface Transportation Board NOTICES Release of Waybill Data, 1399 E8-52 Susquehanna Susquehanna River Basin Commission RULES Review and Approval of Projects, 1272-1273 E8-23 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Customs U.S. Customs and Border Protection PROPOSED RULES Importer Security Filing and Additional Carrier Requirements; Correction, 1299 E8-50 Veterans Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1399-1400 E8-64 E8-65 Separate Parts In This Issue Part II Environmental Protection Agency, 1402-1428 E7-25241 Part III Housing and Urban Development Department, 1430-1432 08-8 Part IV Housing and Urban Development Department, 1434-1436 E8-32 Part V Executive Office of the President, Presidential Documents, 1437-1477 08-39 Part VI Executive Office of the President, Presidential Documents, 1479-1492 08-62 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. 73 5 Tuesday, January 8, 2008 Rules and Regulations FEDERAL RESERVE SYSTEM 12 CFR Part 229 [Regulation CC; Docket No. R-1306] Availability of Funds and Collection of Checks AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule; technical amendment. SUMMARY: The Board of Governors (Board) is amending appendix A of Regulation CC to delete the reference to the Utica office of the Federal Reserve Bank of New York and reassign the Federal Reserve routing symbols currently listed under that office to the head office of the Federal Reserve Bank of Cleveland and the head office of the Federal Reserve Bank of Philadelphia. The Board is also amending appendix B of Regulation CC to delete the reference to the Utica office. In addition, the Board is providing advance notice of future amendments to appendix A that are anticipated in connection with the next phase of the Reserve Banks' restructuring of the check-processing operations within the Federal Reserve System. DATES: The amendments to appendix A under the Second and Fourth Federal Reserve Districts (Federal Reserve Banks of New York and Cleveland) that revise the listings for the Utica office and the Cleveland head office are effective February 23, 2008. The amendment to appendix A under the Third Federal Reserve District (Federal Reserve Bank of Philadelphia) is effective March 29, 2008. The removal of the second Federal Reserve District (Federal Reserve Bank of New York) is effective March 29, 2008. The revision of appendix B is effective March 29, 2008. FOR FURTHER INFORMATION CONTACT: Jack K. Walton II, Associate Director (202/452-2660), or Joseph P. Baressi, Financial Services Project Leader (202/452-3959), Division of Reserve Bank Operations and Payment Systems; or Heatherun Sophia Allison (202/452-3565), Senior Counsel, Legal Division. For users of Telecommunications Devices for the Deaf

(TDD)only, contact 202/263-4869. SUPPLEMENTARY INFORMATION: Background Regulation CC establishes the maximum period a depositary bank may wait between receiving a deposit and making the deposited funds available for withdrawal. 1 A depositary bank generally must provide faster availability for funds deposited by a “local check” than by a “nonlocal check.” A check drawn on a bank is considered local if it is payable by or at a bank located in the same Federal Reserve check-processing region as the depositary bank. A check drawn on a nonbank is considered local if it is payable through a bank located in the same Federal Reserve check-processing region as the depositary bank. Checks that do not meet the requirements for “local” checks are considered “nonlocal.” 1 For purposes of Regulation CC, the term “bank” refers to any depository institution, including commercial banks, savings institutions, and credit unions. Appendix A to Regulation CC contains a routing number guide that assists banks in identifying local and nonlocal banks and thereby determining the maximum permissible hold periods for most deposited checks. The appendix includes a list of each Federal Reserve check-processing office and the first four digits of the routing number, known as the Federal Reserve routing symbol, of each bank that is served by that office for check-processing purposes. Banks whose Federal Reserve routing symbols are grouped under the same office are in the same check-processing region and thus are local to one another. Appendix B to Regulation CC reduces the generally permissible hold times for nonlocal check deposits collected between certain check-processing regions from 5 days to 3 days due to generally faster collection times between these regions. Final Amendments to Appendix A and Appendix B The Reserve Banks announced in June 2007 that the check-processing operations of the Utica office of the Federal Reserve Bank of New York would cease in the first quarter of 2008. 2 Effective February 23, 2008, banks with 0220, 2220, 0223, and 2223 routing symbols, currently assigned to the Utica office of the Federal Reserve Bank of New York for check-processing purposes, will be reassigned to the head office of the Federal Reserve Bank of Cleveland. On March 29, 2008, banks with 0213 and 2213 routing symbols, also currently assigned to the Utica office for check-processing purposes, will be reassigned to the head office of the Federal Reserve Bank of Philadelphia. 3 As a result of these changes, some checks that are drawn on and deposited in banks located in the affected check-processing regions and that currently are nonlocal checks will become local checks subject to faster availability schedules. 2 The Reserve Banks' June 2007 press release is available online at *http://www.federalreserve.gov/newsevents/press/other/20070626a.htm* . 3 Banks in the current Utica, Cleveland, and Philadelphia check-processing regions should note that the Federal Reserve Banks' transfer of the Utica office's check-processing operations to both the Cleveland head office and the Philadelphia head office differs from the Reserve Banks' June 2007 announcement indicating that the Utica office's operations would be transferred to the Philadelphia head office. The Reserve Banks believe that this arrangement will better serve the needs of affected depository institutions. The Board is amending the lists of routing symbols associated with the Federal Reserve Banks of New York, Philadelphia, and Cleveland to conform to the transfer of operations from the New York Reserve Bank's Utica office to the Cleveland and Philadelphia Reserve Banks' head offices. The amendments affecting the Federal Reserve Banks of New York and Cleveland that list the 0220, 2220, 0223, and 2223 routing symbols under the Cleveland head office are effective February 23, 2008. The amendments that list the 0213 and 2213 routing symbols under the Philadelphia head office and delete the appendix A reference to the Utica office are effective March 29, 2008. In addition, because the Utica check-processing region will no longer exist, the Board is deleting the appendix B reference to the Utica office, and these amendments are also effective March 29, 2008. The Board believes that today's notice should provide banks ample time to make any needed processing changes before the effective date of the amendments, including allowing affected banks to amend their availability schedules and related disclosures, if necessary, and provide their customers with notice of these changes. 4 The Federal Reserve routing symbols assigned to all other Federal Reserve branches and offices will remain the same at this time. The Board, however, intends to issue similar notices approximately sixty days prior to the elimination of check-processing operations at some other Reserve Bank offices, as described below. 4 Section 229.18(e) of Regulation CC requires banks to notify consumer account holders within 30 days after implementing a change that improves the availability of funds. Information About Anticipated Future Changes to Appendix A The Federal Reserve Banks announced in June 2007 5 additional planned reductions in the number of locations at which they will process checks. These steps were taken in response to the continued nationwide decline in check usage and to position the Reserve Banks more effectively to meet the cost recovery requirements of the Monetary Control Act of 1980. Between 2008 and early 2011, the Reserve Banks plan to cease check-processing operations at all of their check-processing offices except four: Cleveland, Philadelphia, Atlanta, and Dallas. Listed below are the branches and offices from which and to which the Reserve Banks plan to transfer check-processing operations and the tentative timeframe for each transfer: 6 5 See footnote two above. 6 In addition, as the Reserve Banks announced in May 2006, the Reserve Banks plan to cease check-processing operations at the head office of the Federal Reserve Bank of Kansas City in the first half of 2008. (See *http://www.federalreserve.gov/newsevents/press/other/20060531a.htm.* ) Rather than transfer Kansas City check-processing operations to the head office of the Federal Reserve Bank of St. Louis as they announced at that time, however, the Reserve Banks instead plan to transfer the Kansas City check-processing operations to the head office of the Federal Reserve Bank of Dallas. For updates on the Reserve Banks' check-processing plans, see *http://www.frbservices.org/Retail/CheckProcessChanges2008.html* . Branches and offices that no longer will process checks Branches and offices to which check processing is planned to be transferred Tentative timeframe for transfer Memphis, TN Atlanta, GA Third quarter 2008. Cincinnati, OH Cleveland, OH Fourth quarter 2008. Seattle, WA Dallas, TX Fourth quarter 2008. Windsor Locks, CT Philadelphia, PA First quarter 2009. Charlotte, NC Atlanta, GA Second quarter 2009. Minneapolis, MN Cleveland, OH Third quarter 2009. Baltimore, MD Philadelphia, PA Fourth quarter 2009. Chicago, IL Cleveland, OH First quarter 2010. Denver, CO Dallas, TX Second quarter 2010. Jacksonville, FL Atlanta, GA Third quarter 2010. Des Moines, IA Cleveland, OH Fourth quarter 2010. Los Angeles, CA Dallas, TX Fourth quarter 2010. St. Louis, MO Atlanta, GA First quarter 2011. The Board plans to amend appendix A in connection with each stage of the restructuring to delete the name of the office that will no longer process checks and transfer the affected Federal Reserve routing symbols to another check-processing office. The Board intends to provide notice of each stage of the restructuring and the associated amendments to appendix A approximately 60 days prior to the effective date of the amendment in order to give affected banks ample time to make processing changes and, if necessary, amend their availability schedules and related disclosures and provide their customers with notice of any changes to their availability schedules. Administrative Procedure Act The Board has not followed the provisions of 5 U.S.C. 553(b) relating to notice and public participation in connection with the adoption of the final rule. The revisions to appendix A and appendix B are technical in nature and are required by the statutory and regulatory definitions of “check-processing region.” Because there is no substantive change on which to seek public input, the Board has determined that the section 553(b) notice and comment procedures are unnecessary. In addition, the underlying consolidation of Federal Reserve Bank check-processing offices involves a matter relating to agency management, which is exempt from notice and comment procedures. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506; 5 CFR Part 1320 Appendix A.1), the Board has reviewed the final rule under authority delegated to the Board by the Office of Management and Budget. The technical amendments to appendix A of Regulation CC will delete the reference to the Utica office of the Federal Reserve Bank of New York and reassign the routing symbols listed under that office to the head offices of the Federal Reserve Banks of Philadelphia and Cleveland. The technical amendment to appendix B of Regulation CC will delete the reference to the Utica office. The depository institutions that are located in the affected check-processing regions and that include the routing numbers in their disclosure statements would be required to notify customers of the resulting change in availability under § 229.18(e). However, all paperwork collection procedures associated with Regulation CC already are in place, and the Board accordingly anticipates that no additional burden will be imposed as a result of this rulemaking. List of Subjects in 12 CFR Part 229 Banks, Banking, Reporting and recordkeeping requirements. Authority and Issuance For the reasons set forth in the preamble, the Board is amending 12 CFR part 229 to read as follows: PART 229—AVAILABILITY OF FUNDS AND COLLECTION OF CHECKS (REGULATION CC) 1. The authority citation for part 229 continues to read as follows: Authority: 12 U.S.C. 4001-4010, 12 U.S.C. 5001-5018. 2. Effective February 23, 2008, the Second and Fourth Federal Reserve District routing symbol lists in appendix A are revised to read as follows: Appendix A to Part 229—Routing Number Guide to Next-Day Availability Checks and Local Checks Second Federal Reserve District [Federal Reserve Bank of New York] Utica Office 0213 2213 Fourth Federal Reserve District [Federal Reserve Bank of Cleveland] Head Office 0220 0223 0410 0412 0430 0432 0433 0434 0440 0441 0720 0724 2220 2223 2410 2412 2430 2432 2433 2434 2440 2441 2720 2724 Cincinnati Branch 0420 0421 0422 0423 0442 0515 0519 0740 0749 0813 0830 0839 0863 2420 2421 2422 2423 2442 2515 2519 2740 2749 2813 2830 2839 2863 3. Effective March 29, 2008, the Second and Third Federal Reserve District routing symbol lists in appendix A are amended by removing the Second Federal Reserve District and revising the Third Federal Reserve District to read as follows: Appendix A to Part 229—Routing Number Guide to Next-Day Availability Checks and Local Checks Third Federal Reserve District [Federal Reserve Bank of Philadelphia] Head Office 0210 0212 0213 0214 0215 0216 0219 0260 0280 0310 0311 0312 0313 0319 0360 2210 2212 2213 2214 2215 2216 2219 2260 2280 2310 2311 2312 2313 2319 2360 4. Appendix B is revised to read as follows: Appendix B to Part 229—Reduction of Schedules for Certain Nonlocal Checks A depositary bank that is located in the following check-processing territories shall make funds deposited in an account by a nonlocal check described below available for withdrawal not later than the number of business days following the banking day on which funds are deposited, as specified below. Federal Reserve office Number of business days following the banking day funds are deposited Kansas City 0865, 2865 3 By order of the Board of Governors of the Federal Reserve System, January 2, 2008. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E8-6 Filed 1-7-08; 8:45 am] BILLING CODE 6210-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0410; Directorate Identifier 2007-NM-338-AD; Amendment 39-15325; AD 2008-01-02] RIN 2120-AA64 Airworthiness Directives; Viking Air Limited Model (Caribou) DHC-4 and (Caribou) DHC-4A Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive

(AD)for the products listed above. This AD results from mandatory continuing airworthiness information

(MCAI)originated 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: During a heavy maintenance check on a DHC-4 aircraft, an operator discovered that both of the upper engine mount bracket assemblies on one aircraft were cracked. Further inspection of the operator's fleet confirmed that engine mount bracket assemblies on five out of ten aircraft were also cracked. Failure of the upper engine mount bracket assembly could result in separation of the engine from the airplane. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective January 23, 2008. The Director of the Federal Register approved the incorporation by reference of a certain publication, listed in the AD as of January 23, 2008. We must receive comments on this AD by February 7, 2008. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:*

(202)493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M- 30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 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 in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: George Duckett, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone

(516)228-7325; fax

(516)794-5531. SUPPLEMENTARY INFORMATION: Discussion Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2007-26, dated November 7, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: During a heavy maintenance check on a DHC-4 aircraft, an operator discovered that both of the upper engine mount bracket assemblies on one aircraft were cracked. Further inspection of the operator's fleet confirmed that engine mount bracket assemblies on five out of ten aircraft were also cracked. As an interim action to prevent failure of upper engine mount bracket assemblies, this directive mandates a one-time fluorescent penetrant inspection. Subsequent corrective action may be implemented in the future pending results of the investigation. Failure of the upper engine mount bracket assembly could result in separation of the engine from the airplane. Corrective actions include replacing any cracked engine mount bracket assembly with a new assembly. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Viking Air Limited has issued Alert Service Bulletin V4/0001, dated November 9, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between the 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. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because failure of the upper engine mount bracket assembly could lead to separation of the engine from the airplane. Therefore, we find that notice and opportunity for prior public comment hereon are impracticable and that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0410; Directorate Identifier 2007-NM-338-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. 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 the 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. 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: **2008-01-02 Viking Air Limited (Formerly Bombardier, Inc.):** Amendment 39-15325. Docket No. FAA-2008-0410; Directorate Identifier 2007-NM-338-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective January 23, 2008. Affected ADs

(b)None. Applicability

(c)This AD applies to all Viking Air Limited Model (Caribou) DHC-4 and (Caribou) DHC-4A airplanes, certificated in any category. Subject

(d)Air Transport Association

(ATA)of America Code 54: Nacelles/Pylons. Reason

(e)The mandatory continued airworthiness information

(MCAI)states: “During a heavy maintenance check on a DHC-4 aircraft, an operator discovered that both of the upper engine mount bracket assemblies on one aircraft were cracked. Further inspection of the operator's fleet confirmed that engine mount bracket assemblies on five out of ten aircraft were also cracked. “As an interim action to prevent failure of upper engine mount bracket assemblies, this directive mandates a one-time fluorescent penetrant inspection. Subsequent corrective action may be implemented in the future pending results of the investigation.” Failure of the upper engine mount bracket assembly could result in separation of the engine from the airplane. Corrective actions include replacing any cracked engine mount bracket assembly with a new assembly. Actions and Compliance

(f)Unless already done, do the following actions.

(1)Within 10 flight hours after the effective date of this AD, do a fluorescent penetrant inspection

(FPI)for cracking of the upper engine mount bracket assemblies having part numbers C4WM1090-1 and C4WM1090-2, in accordance with the Accomplishment Instructions of Viking Alert Service Bulletin V4/0001, dated November 9, 2007. Before further flight, replace any cracked engine mount bracket assembly with a new engine mount bracket assembly, in accordance with the Accomplishment Instructions of the alert service bulletin.

(2)Within 7 days after completing the inspection required by paragraph (f)(1) of this AD or within 30 days after the effective date of this AD, whichever occurs later, report any crack found to: Viking Technical Support, E-mail: *technical.support@vikingair.com;* telephone 250-656-7227; toll free 1-800-663-8444; fax 250-656-0673.

(3)Actions done before the effective date of this AD in accordance with Viking All Operators Message 2007-4-11-02, Revision A, dated November 5, 2007, are considered acceptable for compliance with the requirements of this AD. 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, New York Aircraft Certification 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: George Duckett, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone

(516)228-7325; fax

(516)794-5531. 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, 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 Canadian Airworthiness Directive CF-2007-26, dated November 7, 2007; Viking All Operators Message 2007-4-11-02, Revision A, dated November 5, 2007; and Viking Alert Service Bulletin V4/0001, dated November 9, 2007; for related information. Material Incorporated by Reference

(i)You must use Viking Alert Service Bulletin V4/0001, dated November 9, 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 Viking Air Limited, 9574 Hampden Road, Sidney, British Columbia V8L 5V5, Canada.

(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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 Renton, Washington, on December 20, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-25613 Filed 1-7-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-28649; Airspace Docket No. 07-ANM-10] Establishment of Class E Airspace; Wheatland, WY AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action will establish Class E airspace at Wheatland, WY. Additional Class E airspace is necessary to accommodate aircraft using a new Area Navigation

(RNAV)Global Positioning System

(GPS)Standard Instrument Approach Procedure

(SIAP)at Phifer Airfield. This will improve the safety of Instrument Flight Rules

(IFR)aircraft executing the new RNAV GPS SIAP at Phifer Airfield, Wheatland, WY. DATES: *Effective Date:* 0901 UTC, April 10, 2008. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation Administration, System Support Group, Western Service Area, 1601 Lind Avenue, SW., Renton, WA 98057; telephone

(425)917-6726. SUPPLEMENTARY INFORMATION: History On September 18, 2007, the FAA published in the **Federal Register** a notice of proposed rulemaking to establish Class E airspace at Wheatland, WY, (72 FR 53201). This action would improve the safety of IFR aircraft executing this new RNAV GPS SIAP approach procedure at Phifer Airfield, Wheatland, WY. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9R signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by establishing Class E airspace at Wheatland, WY. Additional controlled airspace is necessary to accommodate IFR aircraft executing a new RNAV

(GPS)approach procedure at Phifer Airfield, Wheatland, WY. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:

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

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

(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes additional controlled airspace at Phifer Airfield, Wheatland, WY. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, and effective September 15, 2007 is amended as follows: Paragraph 6005. Class E airspace areas extending upward from 700 feet or more above the surface of the earth. ANM WY E5 Wheatland, WY [New] Wheatland, Phifer Airfield, WY (Lat. 43°03′20″ N., long. 104°55′43″ W.) That airspace extending upward from 700 feet above the surface within a 9-mile radius of Phifer Airfield, WY and within 4 miles north and 4 miles south of the Phifer Airfield, WY 080° radial extending from the 9-mile radius to 12.90 miles east of the Phifer Airfield, WY. Issued in Seattle, Washington, on December 14, 2007. Clark Desing, Manager, System Support Group, Western Service Center. [FR Doc. E8-26 Filed 1-7-08; 8:45 am] BILLING CODE 4910-13-P SUSQUEHANNA RIVER BASIN COMMISSION 18 CFR Parts 806 and 808 Review and Approval of Projects AGENCY: Susquehanna River Basin Commission (SRBC). ACTION: Final rule. SUMMARY: This document contains amendments to project review regulations. These amendments include language clarifying the definition of “agricultural water use,” and providing a qualified exception to the consumptive use approval requirements for agricultural water use projects. Also, an error in the “Authority” citation for Part 808 is corrected. DATES: These rules are effective March 15, 2008. ADDRESSES: Susquehanna River Basin Commission, 1721 N. Front Street, Harrisburg, PA 17102-2391. FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel, 717-238-0423; Fax: 717-238-2436; *e-mail: rcairo@srbc.net.* Also, for further information on the final rulemaking, visit the Commission's Web site at *http://www.srbc.net.* SUPPLEMENTARY INFORMATION: Background and Purpose of Amendments Since 1995, SRBC has continued to suspend the application of its consumptive use regulation to agricultural water uses pending the implementation of a mitigation method that is more suited to agriculture's unique circumstances. The Commission's member states have taken definitive steps to support projects that will provide storage and release of water to mitigate agricultural water use in their jurisdictions and thus satisfy the standards for consumptive use mitigation set forth in 18 CFR 806.22. The final rulemaking will amend 18 CFR 806.4 (a)(1) to provide an exception for agricultural water use projects from the consumptive use review and approval requirements of 18 CFR 806.4 (a)(1) and (3), unless water is diverted for use beyond lands that are at least partially in the basin, and provided the Commission makes a determination that the state-sponsored projects are sufficient to meet the consumptive use mitigation standards contained in 18 CFR 806.22. A second amendment clarifies the definition of “agricultural water use” in 18 CFR 806.3, 806.4 and 806.6 by inserting the word “products” after the word “turf.” This will clarify that the maintenance of turf grass as part of a project or facility, such as a golf course, does not constitute an agricultural water use. Only the raising of turf products for sale such as sod would constitute an agricultural water use with this clarification. A third amendment corrects an error made as part of the December 5, 2006 rulemaking in the “Authority” citation to Part 808 by replacing the erroneous Sec. 3.5

(9)with the correct Sec. 3.4 (9). The Commission convened a public hearing on November 7, 2007 in Williamsport, PA and held the comment period open until November 15, 2007. No public comments were received. List of Subjects in 18 CFR Parts 806 and 808 Administrative practice and procedure, Water resources. Accordingly, for the reasons set forth in the preamble, 18 CFR parts 806 and 808 are amended as follows: PART 806—REVIEW AND APPROVAL OF PROJECTS Subpart A—General Provisions 1. The authority citation for part 806 continues to read as follows: Authority: Secs. 3.4, 3.5 (5), 3.8, 3.10 and 15.2, Pub. L. 91-575, 84 Stat. 1509 *et seq.* 2. In § 806.3, revise the definition of “agricultural water use” to read as follows: § 806.3 Definitions. *Agricultural water use.* A water use associated primarily with the raising of food, fiber or forage crops, trees, flowers, shrubs, turf products, livestock and poultry. The term shall include aquaculture. 3. In § 806.4, revise paragraph (a)(1) introductory text, paragraph (a)(3) introductory text, and paragraph (b)(3) to read as follows: § 806.4 Projects requiring review and approval.

(a)* * *

(1)*Consumptive use of water.* Any consumptive use project described below shall require an application to be submitted in accordance with § 806.13, and shall be subject to the standards set forth in § 806.22, and, to the extent that it involves a withdrawal from groundwater or surface water, shall also be subject to the standards set forth in § 806.23. Except to the extent that they involve the diversion of the waters of the basin, public water supplies shall be exempt from the requirements of this section regarding consumptive use; provided, however, that nothing in this section shall be construed to exempt individual consumptive users connected to any such public water supply from the requirements of this section. Provided the commission determines that low flow augmentation projects sponsored by the commission's member states provide sufficient mitigation for agricultural water use to meet the standards set forth in § 806.22, and except as otherwise provided below, agricultural water use projects shall not be subject to the requirements of this paragraph (a)(1). Notwithstanding the foregoing, an agricultural water use project involving a diversion of the waters of the basin shall be subject to such requirements unless the property, or contiguous parcels of property, upon which the agricultural water use project occurs is located at least partially within the basin.

(3)*Diversions.* Except with respect to agricultural water use projects not subject to the requirements of paragraph (a)(1) of this section, the projects described below shall require an application to be submitted in accordance with § 806.13, and shall be subject to the standards set forth in § 806.24. The project sponsors of out-of-basin diversions shall also comply with all applicable requirements of this part relating to consumptive uses and withdrawals.

(b)* * *

(3)Transfer of land used primarily for the raising of food, fiber or forage crops, trees, flowers, shrubs, turf products, livestock, or poultry, or for aquaculture, to the extent that, and for so long as, the project's water use continues to be for such agricultural water use purposes. 4. In § 806.6, revise paragraph (b)(3) to read as follows: § 806.6 Transfers of approval.

(b)* * *

(3)A project involving the transfer of land used primarily for the raising of food, fiber or forage crops, trees, flowers, shrubs, turf products, livestock or poultry, or for aquaculture, to the extent that, and for so long as, the project's water use continues to be for such agricultural water use purposes. PART 808—HEARINGS AND ENFORCEMENT ACTIONS 5. Revise the authority citation for part 808 to read as follows: Authority: Secs. 3.4 (9), 3.5 (5), 3.8, 3.10 and 15.2, Pub. L. 91-575, 84 Stat. 1509 *et seq.* Dated: December 17, 2007. Paul O. Swartz, Executive Director. [FR Doc. E8-23 Filed 1-7-08; 8:45 am] BILLING CODE 7040-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG-2007-0185] Drawbridge Operation Regulations; Norwalk River, Norwalk, CT AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, First Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the Washington Street S136 Bridge, across the Norwalk River, mile 0.0, at Norwalk, Connecticut. This deviation allows the bridge owner to open only one of the two moveable spans for bridge openings between January 2, 2008 and March 31, 2008. Vessels that require a full two-span bridge opening will be required to provide at least a twelve-hour advance notice by calling the bridge operator at

(203)866-7691. This deviation is necessary to facilitate scheduled bridge maintenance. DATES: This deviation is effective from January 2, 2008 through March 31, 2008. ADDRESSES: Materials referred to in this document are available for inspection or copying at the First Coast Guard District, Bridge Branch Office, One South Street, New York, New York, 10004, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is

(212)668-7165. The First Coast Guard District Bridge Branch Office maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First Coast Guard District, at

(212)668-7165. SUPPLEMENTARY INFORMATION: The Washington Street S136 Bridge, across the Norwalk River, mile 0.0, at Norwalk, Connecticut, has a vertical clearance in the closed position of 9 feet at mean high water and 16 feet at mean low water. The existing regulations are listed at 33 CFR 117.217(a). The owner of the bridge, Connecticut Department of Transportation, requested a temporary deviation to facilitate scheduled structural maintenance and painting at the bridge. In order to perform the structural and bridge painting operations, one of the two moveable spans must remain in the closed position in order to erect paint containment and perform the required bridge maintenance. Under this temporary deviation the Washington Street S136 Bridge across the Norwalk River, mile 0.0, at Norwalk, Connecticut, need open only one of the two moveable spans for bridge openings from January 2, 2008 through March 31, 2008. Vessels requiring a full two-span bridge opening may do so provided that they give at least a twelve-hour advance notice to the bridge operator by calling

(203)866-7691. Should the bridge maintenance authorized by this temporary deviation be completed before the end of the effective period published in this notice, the Coast Guard will rescind the remainder of this temporary deviation, and the bridge shall be returned to its normal operating schedule. Notice of the above action shall be provided to the public in the Local Notice to Mariners and the **Federal Register** , where practicable. In accordance with 33 CFR 117.35(e), the bridge 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. Dated: December 27, 2007. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E8-104 Filed 1-7-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG-2007-0186] Drawbridge Operation Regulations; Chelsea River, Chelsea and East Boston, MA AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Chelsea Street Bridge across the Chelsea River at mile 1.2, between Chelsea and East Boston, Massachusetts. Under this temporary deviation, a two-hour advance notice shall be required between 3:30 p.m. and 7 a.m., from January 2, 2008 through January 8, 2008. Vessels that can pass under the draw without a bridge opening may do so at all times. This deviation is necessary to facilitate scheduled bridge maintenance. DATES: This deviation is effective from 3:30 p.m. on January 2, 2008 through 7 a.m. on January 8, 2008. ADDRESSES: Materials referred to in this document are available for inspection or copying at the First Coast Guard District, Bridge Branch Office, 408 Atlantic Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is

(617)223-8364. The First Coast Guard District Bridge Branch Office maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: John McDonald, Project Officer, First Coast Guard District, at

(617)223-8364. SUPPLEMENTARY INFORMATION: The Chelsea Street Bridge, across the Chelsea River at mile 1.2, between Chelsea and East Boston, Massachusetts, has a vertical clearance in the closed position of 9 feet at mean high water and 19 feet at mean low water. The existing drawbridge operation regulations are listed at 33 CFR § 117.593. The owner of the bridge, the City of Boston, requested a temporary deviation to facilitate scheduled bridge maintenance, the installation of radio control system necessary to operate the bridge traffic signals and vehicular crash gates on the Chelsea side of the waterway. The Chelsea Street Bridge facilitates deep draft commercial vessel traffic transiting to several oil facilities located upstream from the bridge. The oil facilities and the shipping pilots were notified. No objections were received. Under this temporary deviation, the Chelsea Street Bridge shall open on signal after at least a two-hour advance notice is given by calling the bridge on VHF channel 13 or by telephone at 617-635-7636, between 3:30 p.m. and 7 a.m., from January 2, 2008 through January 8, 2008. Vessels that can pass under the bridge without a bridge opening may do so at all times. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: December 27, 2007. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E8-105 Filed 1-7-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [USCG-2007-0191] RIN 1625-AA00 Safety Zones: Northeast Gateway, Deepwater Port, Atlantic Ocean, Boston, MA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing two temporary safety zones 500 meters around the primary components, two independent submerged turret loading buoys, of Excelerate Energy's Northeast Gateway Deepwater Port, Atlantic Ocean, and its accompanying systems. The purpose of these temporary safety zones is to protect vessels and mariners from the potential safety hazards associated with deepwater port facilities. All vessels, with the exception of deepwater port support vessels, are prohibited from entering into or moving within either of the safety zones. DATES: This rule is effective from January 8, 2008 until May 7, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket, are part of docket USCG-2007-0191 and are available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at *www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, contact Chief Eldridge McFadden, Waterways Management Division, Coast Guard Sector Boston, at 617-223-5160. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking

(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. The deepwater port facilities discussed elsewhere in this rule were recently completed and present a potential safety hazard to vessels, especially fishing vessels, operating in the vicinity of the submerged structures associated with the deepwater port facility. A more robust regulatory scheme to ensure the safety and security of vessels operating in the area will be developed by separate rulemaking. These safety zones are needed to protect vessels from the hazard posed by the presence of the currently uncharted, submerged deepwater infrastructure. Delaying the effective day pending completion of notice and comment rulemaking is contrary to the public interest to the extent it would expose vessels currently operating in the area to the known, but otherwise uncharted submerged hazards. For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Any delay encountered in this regulation's effective date would be impracticable and contrary to public interest since it would expose vessels currently operating in the area to the known, by otherwise uncharted submerged hazards. Background and Purpose On May 14, 2007, the Maritime Administration (MARAD), in accordance with the Deepwater Port Act of 1974, as amended, issued a license to Excelerate Energy to own, construct, and operate a natural gas deepwater port, “Northeast Gateway.” Northeast Gateway Deepwater Port (NEGDWP) is located in the Atlantic Ocean, approximately 13 nautical miles south-southwest of the City of Gloucester, Massachusetts, in Federal waters. The coordinates for its two submerged turret loading

(STL)buoys are: STL Buoy A, Latitude 42°23′39″ N, Longitude 070°35′28″ W and STL Buoy B, Latitude 42°23′55″ N, Longitude 070°36′48″ W. The NEGDWP will accommodate the mooring, connecting, and offloading of two liquefied natural gas carriers (LNGCs) at one time. The NEGDWP operator plans to offload LNGCs by degasifying the LNG on board the vessels. The regasified natural gas is then transferred through two submerged turret loading buoys, via a flexible riser leading to a seabed pipeline that ties into the Algonquin Gas Transmission Pipeline for transfer to shore. Excelerate recently completed installation of the STL buoys and associated sub-surface infrastructure, which includes, among other things, a significant sub-surface sea anchor and mooring system. Discussion of Rule The Coast Guard is establishing two temporary safety zones 500 meters around the Northeast Gateway Deepwater Port (NEGDWP) STL buoys as described above to protect vessels from these submerged hazards. All vessels, other than Liquefied Natural Gas carriers and associated support vessels, are prohibited from entering into or moving within these safety zones. This rule is effective upon publishing in the **Federal Register** and for 120 days thereafter. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. This regulation may have some impact on the public in excluding vessels from the areas of these zones. This impact, however, is outweighed by the safety risk mitigated by the enactment of these zones. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule will have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit or anchor in those portions of Atlantic Ocean covered by the safety zones. For the reasons outlined in the Regulatory Evaluation section above, this rule will not have a significant impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard wants to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking. If this rule will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call Lieutenant Commander Heather Morrison, Chief, Waterways Management Division, Coast Guard Sector Boston, at 617-223-3028. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and will not concern an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.1D 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), and have concluded that there are no factors in this case that would limit the use of the categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(g), of the Instruction, from further environmental documentation as the rule establishes a safety zone. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” will be available in the docket where indicated under ADDRESSES . List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226 and 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T01-0191 to read as follows: § 165.T01-0191 Safety Zones: Northeast Gateway, Deepwater Port, Atlantic Ocean, Boston, MA.

(a)*Location.* The following areas are safety zones: All navigable waters of the United States within a 500-meter radius of the two submerged turret loading buoys of the Northeast Gateway Deepwater Port located at 42°23′39″ N, 70°35′28″ W and 42°23′55″ N, 070°36′48″ W. All coordinates are North American Datum 1983.

(b)*Definitions.* As used in this section— *Authorized representative* means a Coast Guard commissioned, warrant, or petty officer or a Federal, State, or local law enforcement officer designated by or assisting the Captain of the Port, Boston (COTP). *Deepwater port* means any facility or structure meeting the definition of deepwater port in 33 CFR 148.5. *Navigable Waters of the United States* means all waters of the territorial sea as described in Presidential Proclamation No. 5928 of December 27, 1988, which declared that the territorial sea of the United States extends to 12 nautical miles from the baseline of the United States. *Support vessel* means any vessel meeting the definition of support vessel in 33 CFR 148.5.

(c)*Regulations.*

(1)The general regulations contained in 33 CFR § 165.23 apply.

(2)In accordance with the general regulations in § 165.23 of this part, entry into or movement within these zones is prohibited unless authorized by the Captain of the Port, Boston. Liquefied Natural Gas Carrier vessels and related Support Vessels calling on the Northeast Gateway Deepwater Port are authorized to enter and move within the safety zones of this section in the normal course of their operations.

(3)All persons and vessels shall comply with the Coast Guard Captain of the Port or authorized representative.

(4)Upon being hailed by an authorized representative by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed.

(5)Persons and vessels may contact the Coast Guard to request permission to enter the zone on VHF-FM Channel 16 or via phone at 617-223-5761. Dated: December 26, 2007. Frederick G. Myer, Commander, U.S. Coast Guard, Acting Captain of the Port, Boston, Massachusetts. [FR Doc. 08-35 Filed 1-4-08; 12:03 pm]

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