Rules and Regulations. Final rule; request for comments

11,385 words·~52 min read·/register/2008/04/07/08-1106

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

BILLING CODE 3410-02-P DEPARTMENT OF TRANSPORATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0392; Directorate Identifier 2008-CE-022-AD; Amendment 39-15451; AD 2008-07-10] 2120-AA64 Airworthiness Directives; Hawker Beechcraft Corporation Models B200, B200GT, B300, and B300C Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for certain Hawker Beechcraft Corporation

(HBC)Models B200, B200GT, B300, and B300C airplanes. This AD requires you to fabricate and install a placard incorporating information that limits operation when there is known or forecast icing and requires you to replace a section of the pneumatic supply tube for the tail deice system with a new tube of a different material. This AD results from reports of collapsed tail deice boot pneumatic supply tubes. We are issuing this AD to prevent collapsed pneumatic supply tubes, which could result in failure of the tail deice boots to operate. This failure could lead to loss of control in icing conditions. DATES: This AD becomes effective on April 10, 2008. On April 10, 2008 the Director of the **Federal Register** approved the incorporation by reference of certain publications listed in this AD. We must receive any comments on this AD by June 6, 2008. ADDRESSES: Use one of the following addresses to comment on this AD. • *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 W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To get the service information identified in this AD, contact Hawker Beechcraft Corporation, P.O. Box 85, Wichita, Kansas 67201-0085; telephone:

(800)429-5372 or

(316)676-3140. To view the comments to this AD, go to *http://www.regulations.gov.* The docket number is FAA-2008-0392; Directorate Identifier 2008-CE-022-AD. FOR FURTHER INFORMATION CONTACT: Don Ristow, Aerospace Engineer, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone:

(316)946-4120; fax:

(316)946-4107. SUPPLEMENTARY INFORMATION: Discussion We received information of reports of collapsed pneumatic tubes, which supply pressure and vacuum to the horizontal stabilizer deice boots. With the introduction of an improved environmental control system, a section of the pneumatic deice tube located in the aft evaporator bay is subject to higher than normal temperature. This high heat in the aft evaporator bay may cause the tubing to soften and collapse undetected and permanently block flow to and from the deice boots. The pilot's operating handbook specifies to visually check deicing boots, where possible, for inflation and hold down function when ice protection equipment is required. However, the tail deice boots are not visible from the cockpit during the check. Since the collapse of the pneumatic deice supply tube is caused by the use of cabin heat, there is the possibility that the condition could occur after pre-flight verification of operation. Icing conditions and the use of cabin heat would be a normal operational mode. In February 2008, HBC issued a safety communique to inform flight crews of the potential for collapsed pneumatic supply tubes and recommended flight crews avoid flight into icing conditions. This condition, if not corrected, could result in failure of the tail deice boots to operate. This failure could lead to loss of control in icing conditions. Relevant Service Information We reviewed Hawker Beechcraft Mandatory Service Bulletin SB 30-3889, Issued: March 2008. The service information describes procedures for replacement of tail deice boot pneumatic supply tubes. FAA's Determination and Requirements of This AD We are issuing this AD because we evaluated all the information and determined the unsafe condition described previously is likely to exist or develop on other products of the same type design. This AD requires you to fabricate and install a placard incorporating information that limits operation when there is known or forecast icing and requires you to replace a section of the pneumatic supply tube for the tail deice system with a new tube of a different material. The replacement of the tail deice boot pneumatic supply tubes is terminating action for the operation limitations in known or forecast icing. In preparing this rule, we contacted type clubs and aircraft operators to get technical information and information on operational and economic impacts. We did not receive any information through these contacts. If received, we would have included a discussion of any information that may have influenced this action in the rulemaking docket. 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 this condition could result in failure of the tail deice boots to operate. This failure could lead to loss of control in icing conditions. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer 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 an opportunity for public comment. We invite you to send any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number “FAA-2008-0392; Directorate Identifier 2008-CE-022-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the AD in light 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 concerning 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 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 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 that contains the AD, the regulatory evaluation, any comments received, and other information 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 Docket Office (telephone

(800)647-5527) is located at the street address stated 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 airworthiness directive (AD): **2008-07-10 Hawker Beechcraft Corporation:** Amendment 39-15451; Docket No. FAA-2008-0392; Directorate Identifier 2008-CE-022-AD. Effective Date

(a)This AD becomes effective on April 10, 2008. Affected ADs

(b)None. Applicability

(c)This AD applies to the following airplane models and serial numbers that are certificated in any category: Model Serial Nos. B200 BB-1926, BB-1978, and BB-1988 through BB-2000. B200GT BY-1 through BY-26. B300 FL-427, FL-493, and FL-500 through FL-573. B300C FM-14 through FM-18. Unsafe Condition

(d)This AD is the result of reports of collapsed tail deice boot pneumatic supply tubes. We are issuing this AD to prevent collapsed pneumatic supply tubes, which could result in failure of the tail deice boots to operate. This failure could lead to loss of control in icing conditions. Compliance

(e)To address this problem, you must do the following, unless already done: Actions Compliance Procedures

(1)Fabricate a placard (using at least 1/8 -inch letters) with the following words and install the placard on the instrument panel within the pilot's clear view: “THIS AIRPLANE IS PROHIBITED FROM FLIGHT IN KNOWN OR FORECAST ICING” Before further flight in known or forecast icing conditions or within the next 3 days after April 10, 2008 (the effective date of this AD), whichever occurs first The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may fabricate the placard required in paragraph (e)(1) of this AD. Make an entry into the aircraft records showing compliance with these portions of the AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).

(2)Replace the tail deice boot pneumatic supply tubes using Kit No. 130-9701-0003 for Models B200 and B200GT or Kit No. 130-9701-0001 for Models B300 and B300C. The replacement of tail deice boot pneumatic supply tubes required by paragraph (e)(2) of this AD is terminating action for the placard required by paragraph (e)(1) of this AD Within 25 hours time-in-service

(TIS)after April 10, 2008 (the effective date of this AD) or within 3 months after April 10, 2008 (the effective date of this AD), whichever occurs first Follow Hawker Beechcraft Mandatory Service Bulletin SB 30-3889, Issued: March 2008.

(3)Remove the placard required by paragraph (e)(1) of this AD Before further flight after the replacement of tail deice boot pneumatic supply tubes required by paragraph (e)(2) of this AD The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may remove the placard required in paragraph (e)(1) of this AD. Make an entry into the aircraft records showing compliance with these portions of the AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). Alternative Methods of Compliance (AMOCs)

(f)The Manager, Wichita Aircraft Certification Office (ACO), 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: Don Ristow, Aerospace Engineer, Wichita ACO, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone:

(316)946-4120; fax:

(316)946-4107. 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. Related Information

(g)Hawker Beechcraft Safety Communique No. 290, dated: February 2008, pertains to the subject of this AD. Material Incorporated by Reference

(h)You must use Hawker Beechcraft Mandatory Service Bulletin SB 30-3889, Issued: March 2008, 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 Hawker Beechcraft Corporation, P.O. Box 85, Wichita, Kansas 67201-0085; telephone:

(800)429-5372 or

(316)676-3140.

(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, 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/code_of_federal_regulations/ibr_locations.html.* Issued in Kansas City, Missouri, on March 27, 2008. John Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-6959 Filed 4-4-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9387] RIN 1545--AY75 Application of Normalization Accounting Rules to Balances of Excess Deferred Income Taxes and Accumulated Deferred Investment Tax Credits of Public Utilities Whose Assets Cease To Be Public Utility Property; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendment. SUMMARY: This document contains a correction to final regulations (TD 9387) that were published in the **Federal Register** on Thursday, March 20, 2008 (73 FR 14934), providing guidance on the normalization requirements applicable to public utilities that benefit (or have benefited) from accelerated depreciation methods or from the investment tax credit permitted under pre-1991 law. These regulations permit a utility whose assets cease, whether by disposition, deregulation, or otherwise, to be public utility property with respect to the utility (deregulated public utility property) to return to its ratepayers the normalization reserve for excess deferred income taxes (EDFIT) with respect to those assets and, in certain circumstances, also permit the return of part or all of the reserve for accumulated deferred investment tax credits (ADITC) with respect to those assets. DATES: This correction is effective April 7, 2008. FOR FURTHER INFORMATION CONTACT: Patrick Kirwan,

(202)622-3040 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulations that are the subject of this document are under sections 46 and 168 of the Internal Revenue Code. Need for Correction As published, final regulations (TD 9387) contain an error that may prove to be misleading and is in need of clarification. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Correction of Publication Accordingly, 26 CFR part 1 is corrected by making the following correcting amendment: PART 1—INCOME TAXES **Paragraph 1.** The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * **Par. 2.** Section 1.46-6 is amended by revising paragraph (k)(2)(i) to read as follows: § 1.46-6 Limitation in case of certain regulated companies.

(k)* * *

(2)* * *

(i)*Restoration of rate base reduction.* A reduction in the taxpayer's rate base on account of the credit with respect to public utility property that becomes deregulated public utility property is restored ratably during the period after the property becomes deregulated public utility property if the amount of the reduction remaining to be restored does not, at any time during the period, exceed the restoration percentage of the recoverable stranded cost of the property at such time. For this purpose — LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E8-7226 Filed 4-4-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts 1 and 602 [TD 9392] RIN 1545-BE11 Information Returns by Donees Relating to Qualified Intellectual Property Contributions AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulations and removal of temporary regulations. SUMMARY: This document contains final regulations that provide guidance for filing information returns by donees relating to qualified intellectual property contributions. These final regulations reflect changes to the law made in 2004. The regulations affect donees receiving net income from qualified intellectual property contributions made after June 3, 2004. DATES: *Effective date:* These regulations are effective April 7, 2008. *Applicability date:* For dates of applicability, see § 1.6050L-2(f). FOR FURTHER INFORMATION CONTACT: Timothy S. Sheppard,

(202)622-4910 (not a toll-free number). SUPPLEMENTARY INFORMATION: Paperwork Reduction Act The collection of information contained in these final regulations has been reviewed and approved by the Office of Management and Budget in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) under control number 1545-1932. The collection of information in these final regulations is in § 1.6050L-2(a) and (b). Responses to this collection of information are required to obtain a tax benefit. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and return information are confidential, as required by 26 U.S.C. 6103. Background This document contains amendments to the Income Tax Regulations (26 CFR Part 1) relating to section 6050L of the Internal Revenue Code (Code). These regulations reflect changes to the law made by the American Jobs Creation Act of 2004, Public Law 108-357 (118 Stat. 1418). On May 23, 2005, temporary regulations (TD 9206) relating to information returns by donees with respect to qualified intellectual property contributions under section 6050L were published in the **Federal Register** (70 FR 29450). A notice of proposed rulemaking (REG-158138-04) cross-referencing the temporary regulations was published in the **Federal Register** (70 FR 29460) on the same date. No comments were received from the public in response to the notice of proposed rulemaking and no public hearing was requested or held. Accordingly, the proposed regulations are adopted as amended by this Treasury decision and the corresponding temporary regulations are removed. The final regulations generally retain the provisions of the proposed and temporary regulations but eliminate transition rules that are no longer needed and make other minor editorial changes. Explanation of Changes The final regulations do not include certain transition rules that were included in the temporary and proposed regulations. Specifically, the proposed and temporary regulations provide guidance for donees on making the required information return before a form is prescribed by the IRS. The IRS has since issued a new Form 8899 on which donees must report qualified donee income. Thus, these transition rules are no longer needed and are not included in the final regulations. The proposed and temporary regulations also include a transition rule that applies to donees with taxable years to which net income from the qualified intellectual property is properly allocable that end prior to or on May 23, 2005, the issuance date of the proposed and temporary regulations. Under this transition rule, the donee shall furnish the information required under section 6050L to the donor on or before August 22, 2005. This transition rule is no longer needed and is not included in the final regulations. 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 has also been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations. It is hereby certified that these regulations will not have a significant economic impact on a substantial number of small entities. This certification is based upon the fact that few, if any, small entities will be required to file under these regulations. Therefore, a Regulatory Flexibility Analysis under the Regulatory Flexibility Act (5 U.S.C. chapter 6) is not required. Pursuant to section 7805(f) of the Internal Revenue Code, the notice of proposed rulemaking preceding this regulation was submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Drafting Information The principal author of these regulations is Timothy S. Sheppard, Office of Associate Chief Counsel (Procedure and Administration). List of Subjects 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. 26 CFR Part 602 Reporting and recordkeeping requirements. Adoption of Amendments to the Regulations Accordingly, 26 CFR parts 1 and 602 are amended as follows: PART 1—INCOME TAXES **Paragraph 1.** The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * **Par. 2.** § 1.6050L-2 is added to read as follows: § 1.6050L-2 Information returns by donees relating to qualified intellectual property contributions.

(a)*In general* . Each donee organization described in section 170(c), except a private foundation (as defined in section 509(a)), other than a private foundation described in section 170(b)(1)(F), that receives or accrues net income during a taxable year from any qualified intellectual property contribution (as defined in section 170(m)(8)) must make an annual information return on the form prescribed by the IRS. The information return is required for any taxable year of the donee that includes any portion of the 10-year period beginning on the date of the contribution, but not for taxable years beginning after the expiration of the legal life of the qualified intellectual property.

(b)*Information required to be provided on return* . The information return required by section 6050L and paragraph

(a)of this section shall include the following—

(1)The name, address, taxable year, and employer identification number of the donee making the information return;

(2)The name, address, and taxpayer identification number of the donor;

(3)A description of the qualified intellectual property in sufficient detail to identify the qualified intellectual property received by such donee;

(4)The date of the contribution to the donee;

(5)The amount of net income of the donee for the taxable year that is properly allocable to the qualified intellectual property (determined without regard to paragraph (10)(B) of section 170(m) and with the modifications described in paragraphs

(5)and

(6)of such section); and

(6)Such other information as may be specified by the form or its instructions.

(c)*Special rule—statement to be furnished to donors* . Every donee making an information return under section 6050L and this section with respect to a qualified intellectual property contribution shall furnish a copy of the information return to the donor of the property. The information return required by section 6050L and this section shall be furnished to the donor on or before the date the donee is required to file the return with the IRS.

(d)*Place and time for filing information return* —(1) *Place for filing* . The information return required by section 6050L and this section shall be filed with the IRS location listed on the prescribed form or in its instructions.

(2)*Time for filing* . A donee is required to file the return required by section 6050L and this section on or before the last day of the first full month following the close of the donee's taxable year to which net income from the qualified intellectual property is properly allocable.

(e)*Penalties* . For penalties for failure to comply with the requirements of this section, see sections 6721 through 6724.

(f)*Effective/applicability date* . The rules of this section apply to qualified intellectual property contributions made after June 3, 2004. § 1.6050L-2T [Removed] **Par. 3.** Section 1.6050L-2T is removed. PART 602—OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT **Par. 4.** The authority citation for part 602 continues to read as follows: Authority: 26 U.S.C. 7805. **Par. 5.** In § 602.101, paragraph

(b)is amended by removing the following entry from the table: § 602.101 OMB Control numbers.

(b)* * * CFR part or section where identified and described Current OMB control No. * * * * * 1.6050L-2T 1545-1932 * * * * * Linda E. Stiff, Deputy Commissioner for Services and Enforcement. Approved: March 31, 2008. Eric Solomon, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E8-7223 Filed 4-4-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 [FWS-R7-SM-2008-0036; 70101-1261-0000L6] Subsistence Management Regulations for Public Lands in Alaska, Subpart D; Seasonal Adjustments AGENCIES: Forest Service, USDA; Fish and Wildlife Service, Interior. ACTION: Seasonal adjustments; hunting seasons for caribou in Unit 9D and female deer in Chichagof Controlled Use Area and Unit 4. SUMMARY: This provides notice of the Federal Subsistence Board's in-season management actions to protect caribou populations in Unit 9D and female deer populations in the Northeast Chichagof Controlled Use Area and Unit 4. These actions provide an exception to the Subsistence Management Regulations for Public Lands in Alaska, published in the **Federal Register** on December 27, 2007. Those regulations established seasons, harvest limits, methods, and means relating to the taking of wildlife for subsistence uses during the 2007-08 regulatory year. DATES: The closure of the subsistence caribou hunting season in Unit 9D is effective November 15, 2007, through March 31, 2008. The closure of the subsistence female deer hunting season in the portion of Unit 4 known as the Northeast Chichagof Controlled Use Area (NECCUA) was effective November 27, 2007, through January 26, 2008, and in the entirety of Unit 4 was effective January 1 through January 31, 2008. The Unit 4 closure beginning January 1, 2008, supersedes the NECCUA-specific closure on January 1, 2008. FOR FURTHER INFORMATION CONTACT: Peter J. Probasco, Office of Subsistence Management, U.S. Fish and Wildlife Service, telephone

(907)786-3888. For questions specific to National Forest System lands, contact Steve Kessler, Subsistence Program Manager, USDA, Forest Service, Alaska Region, telephone

(907)786-3592. SUPPLEMENTARY INFORMATION: Background Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the Interior and the Secretary of Agriculture (Secretaries) implement a joint program to grant a preference for subsistence uses of fish and wildlife resources on public lands in Alaska, unless the State of Alaska enacts and implements laws of general applicability that are consistent with ANILCA and that provide for the subsistence definition, preference, and participation specified in Sections 803, 804, and 805 of ANILCA. In December 1989, the Alaska Supreme Court ruled that the rural preference in the State subsistence statute violated the Alaska Constitution and therefore negated State compliance with ANILCA. The Department of the Interior and the Department of Agriculture (Departments) assumed, on July 1, 1990, responsibility for implementation of title VIII of ANILCA on public lands. The Departments administer title VIII through regulations at title 50, part 100 and title 36, part 242 of the Code of Federal Regulations (CFR). Consistent with subparts A, B, and C of these regulations, as revised January 8, 1999 (64 FR 1276), the Departments established a Federal Subsistence Board to administer the Federal Subsistence Management Program. The Board's composition includes a Chair appointed by the Secretary of the Interior with concurrence of the Secretary of Agriculture; the Alaska Regional Director, U.S. Fish and Wildlife Service; the Alaska Regional Director, National Park Service; the Alaska State Director, Bureau of Land Management; the Alaska Regional Director, Bureau of Indian Affairs; and the Alaska Regional Forester, USDA, Forest Service. Through the Board, these agencies participate in the development of regulations for Subparts A, B, and C, which establish the program structure and determine which Alaska residents are eligible to take specific species for subsistence uses, and the annual subpart D regulations, which establish seasons, harvest limits, and methods and means for subsistence take of species in specific areas. Subpart D regulations for the 2007-08 wildlife seasons, harvest limits, and methods and means were published on December 27, 2007 (72 FR 73426). Because this action relates to a joint program managed by an agency or agencies in both the Departments of Agriculture and the Interior, an identical adjustment would apply to 36 CFR part 242 and 50 CFR part 100. The Alaska Department of Fish and Game (ADF&G) manages sport, commercial, personal use, and State subsistence harvest on all lands and waters throughout Alaska. However, on Federal lands and waters, the Federal Subsistence Board implements a subsistence priority for rural residents as provided by Title VIII of ANILCA. In providing this priority, the Board may, when necessary, preempt State harvest regulations for fish or wildlife on Federal lands and waters. Current Management Action These actions are authorized and in accordance with 50 CFR 100.19(d)-(e) and 36 CFR 242.19(d)-(e), which allow the Board to restrict subsistence uses of fish or wildlife on public lands if necessary to ensure the continued viability of a fish or wildlife population. According to these regulations, temporary changes directed by the Board are effective following notice in the affected areas. Such notice via newspapers or local radio stations is then followed by notice in the **Federal Register** . Caribou—Unit 9D The Federal Subsistence Board closed the winter (November 15, 2007, through March 31, 2008) subsistence caribou hunting season on Federal public lands in Unit 9D. Current surveys of the Southern Alaska Peninsula Caribou Herd (SAPCH) in Unit 9D have shown a marked decrease in both the size of the population and calf recruitment. The intent of this in-season adjustment is to prevent additional mortality of this caribou herd caused by human harvest. On July 17, 2007, the ADF&G issued Emergency Order No. 02-02-07 to announce the closure of the State's resident hunting seasons for caribou in Unit 9D. On July 30, 2007, the Office of Subsistence Management via delegated authority approved a previous special action request to close the fall season (August 1, 2007, through September 30, 2007) to the taking of caribou in Unit 9D. Both Federal and State regulatory managers concur that the SAPCH population decline poses a significant conservation concern that warrants these actions. Ultimately, the intent of the closure is to stop the population decline of the SAPCH and to provide for future long-term subsistence use of this resource. Female Deer—Northeast Chichagof Controlled Use Area (NECCUA) The Federal Subsistence Board closed the subsistence female deer hunting season on Federal public lands in the NECCUA portion of Chichagof Island in Unit 4 for the period November 27, 2007, through January 26, 2008. This in-season adjustment was based on conservation concerns due to heavy snowfall and high winter deer mortality during the 2006-2007 winter and indications of a decline in the population. ADF&G issued an Emergency Order Closure (No. 01-06-07) for the remainder of the State doe hunting season in the NECCUA. Because the NECCUA is a popular hunting area for both local and non-local hunters, in part because of the extensive road system that permits vehicle access into all major watersheds, ADF&G is concerned that additional doe harvest is likely to occur and will jeopardize the future productivity and recovery of this deer population. At a meeting in Hoonah on October 25, 2007, community residents overwhelmingly supported both State and Federal closures of doe hunting until the population has recovered. Because harvest in January is generally minimal and accounts for approximately 2 percent of the total harvest, ADF&G had less concern about the Federal season being reopened for part of January. Female Deer—Unit 4 The Federal Subsistence Board closed the subsistence female deer hunting season on Federal public lands in Unit 4 in Southeast Alaska for the period January 1, 2008, through January 31, 2008. This action supersedes the previous action closing Federal public lands in the NECCUA portion of Chichagof Island in Unit 4. This in-season adjustment was based on conservation concerns due to heavy snowfall and presumed high winter deer mortality across broad areas of Unit 4 during the 2006-2007 winter and indications of a decline in the population. Restricting the harvest of does is necessary to diminish further decline in the population and to allow a faster rate of recovery of the deer populations. Beginning on January 1 through January 31, 2008, hunters must possess a 2008 State of Alaska hunting license and valid State of Alaska 2007-2008 harvest ticket, reside within Unit 4 or in the communities of Kake, Gustavus, Haines, Petersburg, Pt. Baker, Klukwan, Port Protection, Wrangell or Yakutat; and harvest only male deer on Federal public lands. Conformance with Statutory and Regulatory Authorities Administrative Procedure Act The Board finds that additional public notice and comment requirements under the Administrative Procedure Act

(APA)for these adjustments are impracticable, unnecessary, and contrary to the public interest. Lack of appropriate and immediate action would generally fail to serve the overall public interest and conflict with Section 815(3) of ANILCA. Therefore, the Board finds good cause pursuant to 5 U.S.C. 553(b)(3)(B) to waive additional public notice and comment procedures prior to implementation of this action and pursuant to 5 U.S.C. 553(d)(3) to make these adjustments effective as indicated in the DATES section. National Environmental Policy Act A Final Environmental Impact Statement

(FEIS)was published on February 28, 1992, and a Record of Decision on Subsistence Management for Federal Public Lands in Alaska

(ROD)was signed April 6, 1992. The final rule for Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C (57 FR 22940, published May 29, 1992), implemented the Federal Subsistence Management Program and included a framework for an annual cycle for subsistence hunting and fishing regulations. A final rule that redefined the jurisdiction of the Federal Subsistence Management Program to include waters subject to the subsistence priority was published on January 8, 1999 (64 FR 1276.) Section 810 of ANILCA The intent of all Federal subsistence regulations is to accord subsistence uses of fish and wildlife on public lands a priority over the taking of fish and wildlife on such lands for other purposes, unless restriction is necessary to conserve healthy fish and wildlife populations. A Section 810 analysis was completed as part of the FEIS process. The final Section 810 analysis determination appeared in the April 6, 1992, ROD, which concluded that the Federal Subsistence Management Program, under Alternative IV with an annual process for setting hunting and fishing regulations, may have some local impacts on subsistence uses, but the program is not likely to significantly restrict subsistence uses. Paperwork Reduction Act The adjustment does not contain information collection requirements subject to Office of Management and Budget

(OMB)approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Federal Agencies 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. Other Requirements The adjustment has been exempted from OMB review under Executive Order 12866. The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 *et seq.* ) requires preparation of flexibility analyses for rules that will have a significant effect on a substantial number of small entities, which include small businesses, organizations, or governmental jurisdictions. The exact number of businesses and the amount of trade that will result from this Federal land-related activity is unknown. The aggregate effect is an insignificant economic effect (both positive and negative) on a small number of small entities supporting subsistence activities, such as sporting goods dealers. The number of small entities affected is unknown; however, the effects will be seasonally and geographically limited in nature and will likely not be significant. The Departments certify that this adjustment will not have a significant economic effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. Under the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 801 *et seq.* ), this action is not a major rule. It does not have an effect on the economy of $100 million or more, will not cause a major increase in costs or prices for consumers, and does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Title VIII of ANILCA requires the Secretaries to administer a subsistence preference on public lands. The scope of this program is limited by definition to certain public lands. Likewise, this adjustment has no potential takings of private property implications as defined by Executive Order 12630. The Secretaries have determined and certify under the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that the adjustment will not impose a cost of $100 million or more in any given year on local or State governments or private entities. The implementation is by Federal agencies, and no cost is involved to any State or local entities or Tribal governments. The Secretaries have determined that the adjustment meets the applicable standards provided in Sections 3(a) and 3(b)(2) of Executive Order 12988, regarding civil justice reform. In accordance with Executive Order 13132, the adjustment does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Title VIII of ANILCA precludes the State from exercising subsistence management authority over fish and wildlife resources on Federal lands. Cooperative salmon run assessment efforts with ADF&G will continue. In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments” (59 FR 22951), Executive Order 13175, and 512 DM 2, we have evaluated possible effects on Federally recognized Indian tribes and have determined that there are no substantial direct effects. The Bureau of Indian Affairs is a participating agency in this action. On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, or use. This Executive Order requires agencies to prepare Statements of Energy Effects when undertaking certain actions. As this action is not expected to significantly affect energy supply, distribution, or use, it is not a significant energy action and no Statement of Energy Effects is required. Drafting Information Theo Matuskowitz drafted this document under the guidance of Peter J. Probasco of the Office of Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Charles Ardizzone, Alaska State Office, Bureau of Land Management; Sandy Rabinowitch and Nancy Swanton, Alaska Regional Office, National Park Service; Drs. Warren Eastland and Glenn Chen, Alaska Regional Office, Bureau of Indian Affairs; Jerry Berg and Carl Jack, Alaska Regional Office, U.S. Fish and Wildlife Service; and Steve Kessler, Alaska Regional Office, USDA, Forest Service, provided additional assistance. Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 3551-3586; 43 U.S.C. 1733. Dated: February 22, 2008. Peter J. Probasco, Acting Chair, Federal Subsistence Board. Dated: February 22, 2008. Steve Kessler, Subsistence Program Leader, USDA-Forest Service. [FR Doc. E8-7180 Filed 4-4-08; 8:45 am] BILLING CODE 3410-11-P (50%); 4310-55-P (50%) DEPARTMENT OF LABOR Office of Federal Contract Compliance Programs 41 CFR Part 60-250 RIN 1215-AB65 Nondiscrimination and Affirmative Action Obligations of Contractors and Subcontractors Regarding Protected Veterans AGENCY: Office of Federal Contract Compliance Programs, Labor. ACTION: Final rule. SUMMARY: This final rule revises the regulations in 41 CFR part 60-250 implementing the nondiscrimination and affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (“Section 4212” or “VEVRAA”). The regulations in part 60-250 implement the nondiscrimination and affirmative action provisions of VEVRAA prior to their amendment in 2002 by the Jobs for Veterans Act (“JVA”), and apply to contracts entered into before December 1, 2003. Today's final rule revises the mandatory job listing provision in the part 60-250 regulations to provide that listing employment openings with the state workforce agency job bank or with the local employment service delivery system where the opening occurs will satisfy the mandatory job listing requirements under the part 60-250 regulations. The effect of this final rule is to conform the mandatory job listing provision in the part 60-250 regulations to the parallel provision in the regulations of the Office of Federal Contract Compliance Programs (“OFCCP”) implementing the JVA amendments to VEVRAA in 41 CFR part 60-300. Today's final rule also clarifies that the regulations in part 60-250 apply to any contract or subcontract of at least $25,000 entered into before December 1, 2003, and that the regulations in part 60-300, not the part 60-250 regulations, apply to such a contract or subcontract if it is modified on or after December 1, 2003 and the contract or subcontract as modified is for $100,000 or more. DATES: *Effective Date:* These regulations are effective April 7, 2008. FOR FURTHER INFORMATION CONTACT: Sandra Dillon, Acting Director, Division of Policy, Planning, and Program Development, Office of Federal Contract Compliance Programs, 200 Constitution Avenue, NW, Room N3422, Washington, DC 20210. Telephone:

(202)693-0102 (voice) or

(202)693-1337 (TTY). SUPPLEMENTARY INFORMATION: The nondiscrimination and affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act, 38 U.S.C. 4212, (“VEVRAA” or “Section 4212”) require Federal contractors and subcontractors to provide equal employment opportunity to and take affirmative action to employ and advance in employment the categories of veterans protected under the law. Prior to the amendments made in 2002 by the Jobs for Veterans Act (Pub. L. 107-288, 116 Stat. 2033)(“JVA”), VEVRAA required, in part, that the President implement the nondiscrimination and affirmative action provisions by promulgating regulations requiring contractors to list immediately with the appropriate local employment service office all of its employment openings, except that the contractor may exclude openings for executive and top management positions, positions which are to be filled from within the contractor's organization, and positions lasting three days or less. OFCCP's regulations implementing the pre-JVA nondiscrimination and affirmative action provisions of VEVRAA are published in 41 CFR part 60-250. The pre-JVA nondiscrimination and affirmative provisions of VEVRAA and the regulations in part 60-250 continue to apply to contractors with contracts entered into before December 1, 2003. The mandatory job listing requirement is addressed in the regulation containing the equal opportunity clause at 41 CFR 60-250.5. OFCCP clarified in § 60-250.5(a)2 that “the appropriate local employment service office” is “an appropriate local employment service office of the state employment security agency wherein the opening occurs.” In addition, OFCCP interpreted the language in the pre-JVA affirmative action provisions of VEVRAA to authorize the use of alternative methods for complying with the mandatory job listing requirement. Thus, § 60-250.5(a)2 currently provides that “[l]isting employment openings with the U.S. Department of Labor's America's Job Bank shall satisfy the requirement to list jobs with the local employment service office.” Today's final rule revising the mandatory job listing provision in § 60-250.5(a)2 was made necessary by two events. First, the JVA amended the nondiscrimination and affirmative action provisions of VEVRAA and made those amendments applicable only to contracts entered into on or after December 1, 2003. Among the changes made by the JVA amendments was a change to the manner in which the mandatory job listing provision is to be implemented. Section 2(b)(1) of the JVA requires the Secretary to promulgate regulations that obligate each covered contractor to list all of its employment openings with “the appropriate employment service delivery system.” Section 5(c)(1) of the JVA defines the term “employment service delivery system” as “a service delivery system at which or through which labor exchange services, including employment, training, and placement services, are offered in accordance with the Wagner-Peyser Act.” *See* 38 U.S.C. 4101(7). In addition to listing with an appropriate employment service delivery system, the JVA permits contractors to list their employment openings with “one-stop career centers under the Workforce Investment Act of 1998, other appropriate service delivery points, or America's Job Bank (or any additional or subsequent national electronic job bank established by the Department of Labor).” Under the JVA amendments, listing jobs solely with America's Job Bank (“AJB”) no longer complies with the requirements of VEVRAA. In addition, AJB ceased operations on July 1, 2007. OFCCP recently published final regulations to implement the JVA amendments to the nondiscrimination and affirmative action provisions of VEVRAA (72 FR 44393, August 8, 2007). The regulation at 41 CFR 60-300.5(a)2 implementing the mandatory job listing requirement provides that “listing employment openings with the state workforce agency job bank or with the local employment service delivery system where the opening occurs will satisfy the requirement to list jobs with the appropriate employment service delivery system.” Contractors that are covered by both the regulations in part 60-250 and part 60-300 have asked whether they may use the same methods to satisfy their mandatory job listing obligations under both sets of regulations. In addition, with the elimination of one of the permissible methods under § 60-250.5(a)2 for satisfying their job listing obligations, contractors have inquired about other methods that might be used to comply with the mandatory job listing requirements in the part 60-250 regulations. OFCCP has interpreted the language of the pre-JVA nondiscrimination and affirmative action provisions of VEVRAA and the current § 60-250.5(a)2 to authorize alternative methods for listing job openings with the local employment service office. Thus, OFCCP has interpreted the current § 60-250.5(a)2 to permit contractors to list job openings in the same manner that is permitted under the regulation at 41 CFR 60-300.5(a)2. In a Frequently Asked Question (“FAQ”) published on the OFCCP Web site, OFCCP advised contractors that “listing with the state workforce agency job bank in the state where the job opening occurs also will satisfy the listing requirement under the part 60-250 regulations.” In another FAQ published on the Web site, OFCCP further explained that “contractors subject to both sets of regulations also may satisfy the listing requirement by listing openings with an appropriate local employment service delivery system.” *See http://www.dol.gov/esa/regs/compliance/ofccp/faqs/jvafaqs.htm.* Today's final rule makes two changes to the mandatory job listing provision in § 60-250.5(a)2. First, the final rule removes the reference to AJB since it no longer exists. Second, today's final rule conforms the mandatory job listing provision in the part 60-250 regulations to the interpretation of current § 60-250.5(a)2 that is set forth in the FAQs. Thus, the final rule revises § 60-250.5(a)2 to state that “listing employment openings with the state workforce agency job bank where the opening occurs or with the local employment service delivery system where the opening occurs will satisfy the requirement to list jobs with the appropriate employment service office.” As a result of the changes made by this final rule, the VEVRAA regulations at part 60-250 and part 60-300 will identify the same methods for satisfying the mandatory listing requirement. In addition, this final rule revises § 60-250.1(b) to clarify that the regulations in part 60-250 apply to any contract or subcontract of at least $25,000 entered into before December 1, 2003, and that the regulations in part 60-300, not the part 60-250 regulations, apply to such a contract or subcontract if it is modified on or after December 1, 2003, and the contract or subcontract as modified is for $100,000 or more. This change will assist contractors in determining whether the regulations in part 60-250 and/or the regulations in part 60-300 apply to their contracts. Regulatory Procedures Publication in Final OFCCP has determined that this rulemaking need not be published as a proposed rule, as generally required by the Administrative Procedure Act, 5 U.S.C. 553 (“APA”). Notice-and-comment requirements do not apply to “interpretive rules.” 5 U.S.C. 553(b)(A). The amendment to 41 CFR 60-250.5(a)2 is not being published as a proposed rule because it is an interpretive rule and therefore exempt from APA notice and comment procedures. Consistent with OFCCP's interpretation that under the pre-JVA affirmative action provisions of VEVRAA and existing 41 CFR 60-250.5(a)2 more than one method may be used to list openings with the appropriate local employment service office, the final rule amends 41 CFR 60-250.5(a)2 to include additional means of listing jobs. The current rule allowed contractors to post jobs on AJB, while this final rule permits contractors to satisfy the mandatory job listing requirement by posting employment openings with the state workforce agency job bank or with the local employment service delivery system where the employment opening occurs. For these reasons, the exemption for interpretive rules permits OFCCP to publish this final rule to codify OFCCP's interpretation that listing job openings with the state workforce agency job banks or with the local employment service delivery system where the job opening occurs are permissible methods for complying with the mandatory listing requirement at 41 CFR 60-250.5(a)2. In addition, notice-and-comment rulemaking is not required for the amendment to 41 CFR 60-250.1(b), which clarifies the scope and applicability of the regulations in 41 CFR part 60-250 and the regulations in 41 CFR part 60-300. The JVA made the amendments to the nondiscrimination and affirmative action provisions of VEVRAA applicable only to Government contracts entered into on or after December 1, 2003. The term “Government contract” is defined in existing 41 CFR 60-250.2(i) and 41 CFR 60-300.2(i) as “any agreement or modification thereof between any contracting agency and any person for the purchase, sale or use of personal property or nonpersonal services (including construction).” Because a contract modification is a “Government contract,” the JVA amendments apply to modifications of otherwise covered contracts made on or after December 1, 2003. Consequently, the regulation at 41 CFR 60-300.1(b) provides that part 60-300 applies to any contract of $100,000 or more, entered into or modified on or after December 1, 2003. The amendment to 41 CFR 60-250.1(b) essentially incorporates the effective date of the JVA amendments, which was determined by statute, and tracks the regulation in 41 CFR 60-300.1(b). The Department of Labor may not, in response to public comment, change or decline to implement the effective dates of the JVA amendments. Consequently, there is good cause for finding that applying the notice-and-comment procedure to the amendment to 41 CFR 60-250.1 is unnecessary and contrary to the public interest, pursuant to Section 553(b)(B) of the APA. Executive Order 12866 This final rule has been drafted and reviewed in accordance with Executive Order 12866, section 1(b), Principles of Regulation. OFCCP has determined that this rule is not “a significant regulatory action” under Executive Order 12866, section 3(f). Accordingly, it does not require an assessment of potential costs and benefits under section 6(a)(3) of that order. Executive Order 13132 OFCCP has reviewed the rule in accordance with Executive Order 13132 regarding federalism, and has determined that it does not have “federalism implications.” The rule 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.” Regulatory Flexibility Act The rule clarifies existing requirements for Federal contractors. In view of this fact and because the rule does not substantively change existing obligations for Federal contractors, we certify that the rule will not have a significant economic impact on a substantial number of small business entities. Therefore, a regulatory flexibility analysis under the Regulatory Flexibility Act is not required. Small Business Regulatory Enforcement Fairness Act OFCCP has concluded that the rule is not a “major” rule under the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 *et seq.* ). In reaching this conclusion, the OFCCP has determined that the rule will not likely result in

(1)an annual effect on the economy of $100 million or more;

(2)a major increase in costs or prices for consumers, individual industries, Federal, State or local government agencies, or geographic regions; or

(3)significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic or export markets. Unfunded Mandates Reform Executive Order 12875—This rule does not create an unfunded Federal mandate upon any State, local, or tribal government. Unfunded Mandates Reform Act of 1995—This rule does not include any Federal mandate that may result in increased expenditures by State, local, and tribal governments, in the aggregate, of $100 million or more, or increased expenditures by the private sector of $100 million or more. Congressional Review Act This regulation is not a major rule for purposes of the Congressional Review Act. Paperwork Reduction Act The information collection requirements contained in the existing VEVRAA regulations, with the exception of those related to complaint procedures, are currently approved under OMB Control No. 1215-0072 (Recordkeeping and Reporting Requirements—Supply and Service) and OMB Control No. 1215-0163 (Construction Recordkeeping and Reporting). The information collection requirements contained in the existing complaint procedures regulation are currently approved under OMB Control No. 1215-0131. This final rule amends the regulations implementing VEVRAA to allow contractors to list with the state workforce agency job bank where the opening occurs or the local employment service delivery system where the opening occurs to comply with the obligation to list jobs with an appropriate local employment service office. However, this final rule does not make any changes to the currently approved information collections. Consequently, this final rule need not be reviewed by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 *et seq.* List of Subjects in 41 CFR Part 60-250 Administrative practice and procedure, Civil rights, Employment, Equal employment opportunity, Government contracts, Government procurement, Individuals with disabilities, Investigations, Reporting and recordkeeping requirements, and Veterans. Signed at Washington, DC, this 1st day of April, 2008. Victoria A. Lipnic, Assistant Secretary for Employment Standards. Charles E. James, Sr., Deputy Assistant Secretary for Federal Contract Compliance. Accordingly, under authority of 38 U.S.C. 4212, Title 41 of the Code of Federal Regulations, Chapter 60, Part 60-250, is amended as follows: PART 60-250—AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, RECENTLY SEPARATED VETERANS, AND OTHER PROTECTED VETERANS 1. The authority citation for part 60-250 continues to read as follows: Authority: 29 U.S.C. 793; 38 U.S.C. 4211

(2001)(amended 2002); 38 U.S.C. 4212

(2001)(amended 2002) and 4212; E.O. 11758 (3 CFR, 1971-1975 Comp., p. 841). 2. Section 60-250.1 is amended by revising paragraph

(b)to read as follows. § 60-250.1 Purpose, applicability and construction.

(b)*Applicability.* This part applies to any Government contract or subcontract of $25,000 or more entered into before December 1, 2003, for the purchase, sale or use of personal property or nonpersonal services (including construction), except that the regulations in 41 CFR part 60-300, and not this part, apply to such a contract or subcontract that is modified on or after December 1, 2003 and the contract or subcontract as modified is in the amount of $100,000 or more: *Provided,* That subpart C of this part applies only as described in § 60-250.40(a). Compliance by the contractor with the provisions of this part will not necessarily determine its compliance with other statutes, and compliance with other statutes will not necessarily determine its compliance with this part. 3. Section 60-250.5 is amended by revising paragraph (a)2 to read as follows. § 60-250.5 Equal opportunity clause.

(a)* * * 2. The contractor agrees to immediately list all employment openings which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other than the one wherein the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local employment service office of the state employment security agency wherein the opening occurs. Further, listing employment openings with the state workforce agency job bank where the opening occurs or with the local employment service delivery system where the opening occurs will satisfy the requirement to list jobs with the appropriate employment service office. [FR Doc. E8-7123 Filed 4-4-08; 8:45 am] BILLING CODE 4510-CM-P OFFICE OF PERSONNEL MANAGEMENT 45 CFR Part 801 RIN 3206-AL40 Voting Rights Program AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management

(OPM)is removing part 801 of title 45, Code of Federal Regulations, Voting Rights Program, which prescribes the times, places, manner and procedures for the listing and removal of the names of persons on voter eligibility lists in accordance with sections 6, 7, and 9 of the Voting Rights Act of 1965. Enactment of Public Law 109-246, the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Reauthorization and Amendments Act of 2006 repealed sections 6, 7, and 9 of the Voting Rights Act of 1965, which included the statutory authority for OPM's promulgation of these regulations (Pub. L. 109-246, Section 3. Changes relating to use of examiners and observers. “(c) Repeal of Sections Relating to Examiners.—Sections 6, 7, and 9 of the Voting Rights Act of 1965 (42 U.S.C. 1973d, 1973e and 1973g) are repealed.”). Therefore, OPM is no longer authorized to maintain these regulations. DATES: *Effective date:* April 7, 2008. *Comment date:* Submit comments on or before June 6, 2008. ADDRESSES: Send or deliver written comments to Chris Hammond, Voting Rights Program Manager, Office of Personnel Management, 1900 E Street, NW., Room 2469R, Washington, DC 20415; by FAX to

(202)606-0398; or by e-mail to *Chris.Hammond@opm.gov.* FOR FURTHER INFORMATION CONTACT: Chris Hammond by telephone at

(202)606-5262; by FAX at

(202)606-0398; or by e-mail at *Chris.Hammond@opm.gov.* SUPPLEMENTARY INFORMATION: On July 27, 2006, the President signed the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006 (VRARA), Public Law 109-246, into law. The VRARA reauthorized many of the temporary provisions of the Voting Rights Act of 1965, Public Law 89-110, for an additional 25 years, but repealed sections 6, 7, and 9, which had authorized the Federal examiner program. Additionally, the VRARA amended other sections of the Voting Rights Act by removing all references to Federal examiners. Purpose and Scope The Voting Rights Act, as reauthorized and amended by the VRARA, continues in full force and effect to prohibit discrimination in voting on the basis of race or color and to provide protections for designated language minority groups. The Office of Personnel Management

(OPM)will continue to assign, at the request of the Attorney General, Federal observers under the authority of the Voting Rights Act, to monitor and report on election procedures in certified political subdivisions (typically counties or parishes). The sole purpose of OPM's removal of part 801 of title 45, Code of Federal Regulations, is to implement Congress' repeal of the Federal examiner program in the VRARA. This removal does not affect the Procedures for the Voting Rights Act promulgated by the Department of Justice (DOJ), parts 51 and 55 of title 28, Code of Federal Regulations. The Voting Rights Act—Generally The Voting Rights Act, signed by President Lyndon B. Johnson on August 6, 1965, and amended in 1970, 1975, 1982, 1992, and 2006, enforces the permanent guarantee of the Fifteenth Amendment to the Constitution that no person shall be denied the right to vote on account of race or color, among other protections. In addition, the Voting Rights Act contains several special temporary provisions that impose more stringent requirements on covered jurisdictions in certain areas of the country and provides protections for designated language minority groups. Under the Voting Rights Act, DOJ is responsible for enforcement and OPM is responsible for providing Federal observers to monitor and report on the election process in areas designated by the Attorney General or a Federal court. Prior to enactment of the VRARA, the Voting Rights Act authorized the Attorney General to request that OPM assign Federal examiners to certified jurisdictions to ensure that legally qualified persons were free to register for Federal, State, and local elections. The Federal Examiner Program Sections 6, 7, and 9 of the Voting Rights Act, previously codified at 42 U.S.C. 1973d, 1973e, and 1973g (2005), established the Federal examiner program. Under this program, persons in covered political subdivisions could attest to their eligibility to vote in Federal, State, and local elections by applying to a Federal examiner when such an examiner had been designated to serve in the jurisdiction. The examiner would, in turn, assess the applicant's voter qualifications as prescribed by State law and consistent with the Constitution and laws of the United States, and—if the person were eligible—instruct the voter's county/parish to include him/her on its voter rolls. Such voters could then not be removed from local voter rolls unless and until approval had been obtained from the Federal examiner. The OPM (formerly the Civil Service Commission) was responsible for administering the program and was authorized to promulgate regulations prescribing the times, places, manner and procedures for the listing and removal of the names of persons on voter eligibility lists. In accordance with this responsibility, OPM promulgated regulations for the Federal examiner program at part 801 of title 45, Code of Federal Regulations. Congressional Hearings on Reauthorization and Amendment With various provisions of the Voting Rights Act, including those establishing the Federal examiner program (sections 6, 7, and 9), scheduled to expire in 2007, Congress held hearings in 2005 and 2006 on reauthorization and amendment of the Voting Rights Act. During these hearings, Congress heard testimony from voting rights experts and representatives from OPM and DOJ who had worked with and supported the Federal examiner program. Congressional testimony revealed that Federal examiners had not been used to list eligible voters since 1983 and enactment of the National Voter Registration Act of 1993 (NVRA), Public Law 103-31, and the Help America Vote Act of 2002 (HAVA), Public Law 107-252, has significantly improved voter registration. Under the NVRA, States are required to make registration materials available at all driver's license offices, public benefits offices, and other social service agencies. States are also required to maintain voter registration lists for Federal elections in accordance with standards set out by the NVRA. Under HAVA, States are required to meet minimum standards with regard to updating voting equipment, administering provisional balloting, and maintaining one centrally located Statewide voter registration list. Therefore, in the final version of the bill to reauthorize and amend the Voting Rights Act (H.R. 9), Congress chose to include provisions to repeal sections 6, 7, and 9 and remove all references to Federal examiners. See H. Rept. 109-478, 2d Sess., at 61-62 (2006). Repeal of Authority for the Federal Examiner Program and Attendant Regulations On July 27, 2006, the President signed the VRARA into law, thereby repealing sections 6, 7 and 9 of the Voting Rights Act and eliminating the Federal examiner program. Section 9 had previously provided the statutory authority for OPM to promulgate regulations prescribing the times, places, manner and procedures for the listing and removal of the names of persons on voter eligibility lists. Therefore, OPM is no longer authorized to maintain part 801 of title 45, Code of Federal Regulations. Conclusion of the Federal Examiner Program Removal of part 801 of title 45, Code of Federal Regulations, is consistent with repeal of authority for the Federal examiner program. The DOJ and OPM have taken additional steps to effectuate the conclusion of the Federal examiner program. By letter dated May 1, 2007, the Chief of the Voting Section, DOJ, notified the five States affected by the end of the Federal examiner program (Alabama, Georgia, Mississippi, Louisiana, and South Carolina) that enactment of the VRARA had ended the program and enclosed, for each State, a final listing of remaining eligible voters listed by Federal examiners. The DOJ letter informed these States that final responsibility for making determinations on whether these Federally listed voters remain eligible in accordance with voter qualifications prescribed by State law and consistent with the Constitution and laws of the United States now rests with these States and their counties or parishes. Similarly, by letters dated May 17 or 18, 2007, OPM notified affected counties and parishes in those States that the Federal examiner program had ended and enclosed a copy of the DOJ letter to the respective State. OPM has also returned all unprocessed requests from counties and parishes to remove names from Federal examiner lists. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because it pertains only to the removal of regulatory language made obsolete in 2006 by the enactment of Public Law 109-246. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. List of Subjects in 45 CFR Part 801 Public welfare, Voting Rights Program. Office of Personnel Management. Linda M. Springer, Director. Therefore, under the authority of the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006, OPM removes part 801. PART 801—[REMOVED] [FR Doc. E8-7142 Filed 4-4-08; 8:45 am] BILLING CODE 6325-38-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 060525140-6221-02] RIN 0648-XG34 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper/Grouper Resources of the South Atlantic; Withdrawal of Trip Limit Reduction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; withdrawal of trip limit reduction. SUMMARY: NMFS withdraws the reduction of the commercial trip limit for golden tilefish in the South Atlantic to 300 lb (136 kg) per trip in or from the exclusive economic zone

(EEZ)that was published in the **Federal Register** on March 28, 2008. Based on updated information, NMFS has determined that the threshold level for implementation of the trip limit will not have been reached by April 6 as originally projected. DATES: The rule published on March 28, 2008 (73 FR 16571) is withdrawn as of April 2, 2008. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone 727-824-5305, fax 727-824-5308, e-mail *susan.gerhart@noaa.gov* . SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic is managed under the Fishery Management Plan for the Snapper-Grouper Resources of the South Atlantic (FMP). The FMP was prepared by the South Atlantic Fishery Management Council 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. Under 50 CFR 622.44(c)(2), NMFS is required to reduce the trip limit in the commercial fishery for golden tilefish from 4,000 lb (1,814 kg) to 300 lb (136 kg) per trip when 75 percent of the fishing year quota is met, by filing a notification to that effect in the **Federal Register** . Based on reports through February, NMFS determined that 75 percent of the available commercial quota of 295,000 lb (133,810 kg), gutted weight, for golden tilefish would be reached on or before April 6, 2008. Accordingly, NMFS published a trip limit reduction (73 FR 16571, March 28, 2008) reducing the commercial golden tilefish trip limit to 300 lb (136 kg) in the South Atlantic EEZ from 12:01 a.m., local time, on April 6, 2008 through December 31, 2008, unless changed by further notification in the **Federal Register** . However, a new report including March landings indicated that 75 percent of the quota would not be reached by that date due to unexpected decreases in fishing effort and reporting errors. Therefore, NMFS is withdrawing the trip limit reduction, will continuing monitoring the fishery, and will publish a new trip limit reduction in the **Federal Register** when 75 percent of the applicable quota is projected to be reached. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA), 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 contrary to the public interest. Allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action to avoid an unnecessary regulatory restriction and the associated adverse social and economic impacts. Prior notice and opportunity for public comment would require time and would potentially result in economic loss to participants in the fishery. For these same reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). 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: April 2, 2008. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08-1106 Filed 4-2-08; 2:03 pm]

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Traces to 27 documents