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Code · REGISTER · 2008-05-15 · PROPOSED RULES · Agency Agency for Healthcare Research and Quality NOTICES Meetings: Health Care Policy and Research Special Emphasis Panel, 28119 E8-10565 Agricultural Agricultural Marketing Service RULES Increase in · Unknown

Unknown. Final rule

17,862 words·~81 min read·/register/2008/05/15/08-1267

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--- schema: federal-register doc_type: fedreg source_file: FR-2008-05-15.xml --- 73 95 Thursday, May 15, 2008 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Health Care Policy and Research Special Emphasis Panel, 28119 E8-10565 Agricultural Agricultural Marketing Service RULES Increase in Fees and Charges for Egg, Poultry, and Rabbit Grading; Correction, 28026 E8-10821 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Antitrust Antitrust Division NOTICES Complaint:
United States V. Regal Cinemas, Inc. and Consolidated Theatres Holdings, GP, 28154-28166 E8-10415 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Coast Guard Coast Guard RULES Safety Zones: Northeast Gateway, Deepwater Port, Atlantic Ocean, Boston, MA, 28039-28041 08-1267 Safety Zones: Weymouth 4th of July Fireworks; Port of Boston, 28038-28039 E8-10804 PROPOSED RULES Drawbridge Operation Regulations:
Smith Creek at Wilmington, NC, 28069-28071 E8-10801 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28099-28100 E8-10852 E8-10853 E8-10854 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled RULES Change in Investigatory Procedures, 28043-28044 E8-10770 Education Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 28103-28105 E8-10925 E8-10926 E8-10927 Employment Employment and Training Administration NOTICES Determinations Regarding Eligibility to Apply for Worker Adjustment, etc., 28166-28167 E8-10880 Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment, etc., 28168-28169 E8-10881 Investigation Termination: Gil-Mar Manufacturing Co., 28168 E8-10884 Maxim Integrated Products, 28168 E8-10882 Solon Mfg. Co., 28168 E8-10885 Revised Determination on Reconsideration:
Bolton Metal Products Co., 28169-28170 E8-10883 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Texas, 28071-28073 E8-10924 NOTICES Adequacy Status of Motor Vehicle Budgets in Submitted South Coast 8-hour Ozone and PM2.5 Attainment, etc.: California, 28110-28112 E8-10901 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28112-28113 E8-10898 Equal Equal Employment Opportunity Commission NOTICES Meetings;
Sunshine Act, 28114 08-1268 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Amendment of Class E Airspace: Bradford, PA, 28032 E8-10430 Establishment of Class E Airspace: Seneca, PA, 28032-28033 E8-10432 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28182-28184 E8-10568 E8-10570 E8-10571 E8-10574 E8-10576 E8-10577 FCC Federal Communications Commission RULES Competitive Networks:
Multiunit Premises, 28049-28057 E8-10764 Extension of Waiver: Interconnected Voice Over Internet Protocol; Extension of Time to Route 711-Dialed Calls, 28057-28059 E8-10755 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28114-28116 E8-10907 E8-10909 Rulemaking Proceeding; Petitions for Reconsideration, 28116 E8-10912 Use of Non-service Initialized Phones to Make Fraudulent 911 Calls, 28116-28117 E8-10661 FDIC Federal Deposit Insurance Corporation NOTICES Meetings:
Board of Directors, 28117 E8-10914 Federal Emergency Federal Emergency Management Agency RULES Changes in Flood Elevation Determinations, 28044-28049 E8-10869 E8-10870 PROPOSED RULES Proposed Flood Elevation Determinations, 28073-28080 E8-10868 NOTICES Major Disaster Declaration: Arkansas, 28147 E8-10871 Missouri, 28147 E8-10872 Missouri; Amendment No. 1 to Notice of a Major Disaster Declaration, 28147-28148 E8-10873 E8-10878 Oklahoma; Major Disaster and Related Determinations, 28148 E8-10876 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Notice of Filings, 28105-28108 E8-10834 Meetings;
Sunshine Act, 28108-28110 E8-11012 Federal Highway Federal Highway Administration NOTICES Environmental Statements; Availability, etc.: Clark County, WA, 28184-28185 E8-10734 Final Federal Agency Actions on Proposed Highway; Lawrence, Kansas, 28185-28186 E8-10889 FMC Federal Maritime Commission NOTICES Ocean Transportation Intermediary License; Reissuances, 28117 E8-10783 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications;
Vision, 28186-28188 E8-10824 Qualification of Drivers; Exemption Renewals; Vision, 28188 E8-10825 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28117-28118 E8-10780 Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 28118 E8-10858 Formations, Acquisitions, and Mergers of Bank Holding Companies, 28118-28119 E8-10859 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants:
Determination of Threatened Status for the Polar Bear (Ursus maritimus) Throughout Its Range, 28212-28303 E8-11105 Endangered and Threatened Wildlife and Plants; Special Rule for the Polar Bear, 28306-28318 E8-11144 PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Finding on a Petition To List the Ashy Storm-Petrel (Oceanodroma homochroa), 28080-28084 E8-10790 90-Day Finding on Petition to Delist the Hualapai Mexican vole (Microtus mexicanus hualpaiensis), 28094-28097 E8-10906 Designation of Critical Habitat for the Wintering Population of the Piping Plover in North Carolina;
Revised, 28084-28094 E8-10887 Food Food and Drug Administration RULES Implantation or Injectable Dosage Form New Animal Drugs; Flunixin, 28036-28037 E8-10856 NOTICES Determination of Regulatory Review Period for Purposes of Patent Extension; TYZEKA, 28119-28120 E8-10857 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Dakota Prairie Grasslands, Medora Ranger District; ND; North Billings County Range Allotment, etc., 28098-28099 E8-10732 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration RULES Establishment of a Genealogy Program, 28026-28032 E8-10651 PROPOSED RULES Privacy Act;
Systems of Records, 28060-28069 E8-10891 E8-10893 E8-10897 NOTICES National Protection and Programs Directorate, 28127-28128 E8-10892 Privacy Act; Systems of Records, 28128-28147 E8-10888 E8-10894 E8-10895 E8-10896 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office International International Trade Administration NOTICES Certain Frozen Fish Fillets from Vietnam: Extension of Time Limit for Final Results of Changed Circumstances Review, 28100 E8-10902 Extension of Time Limits for the Final Results of Antidumping Duty Administrative Review:
Certain Hot-Rolled Carbon Steel Flat Products from India, 28100-28101 E8-10905 Rescission of Antidumping Duty Administrative Reviews: Hot-Rolled Carbon Steel Flat Products from Thailand, 28101-28102 E8-10904 International International Trade Commission NOTICES Five-Year Review Concerning the Antidumping Duty Order: Silicon Metal From Russia, 28153-28154 E8-10785 Justice Justice Department See Antitrust Division NOTICES Proposed Administrative Settlement Agreement and Order on Consent, 28154 E8-10820 Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Alaska Native Claims Selection, 28149 E8-10851 Environmental Impact Statements;
Availability, etc.: Pompeys Pillar National Monument, MT, 28150-28151 E8-10849 Meetings: State of Arizona Resource Advisory Council, 28151-28152 E8-10899 Proposed Reinstatement of Terminated Oil and Gas Leases, 28152 E8-10850 NASA National Aeronautics and Space Administration RULES Development Work for Industry in NASA Wind Tunnels, 28033 E8-10799 NIH National Institutes of Health NOTICES Meetings: Biophysics of Neural Systems Study Section; change, 28120 E8-10671 Center for Scientific Review Special Emphasis Panel;
Cancellation, 28120 E8-10672 Immunology Integrated Review Group, 28121-28122 E8-10674 Musculoskeletal, Oral and Skin Sciences Integrated Review Group and Others, 28122-28123 E8-10670 National Institute on Aging Initial Review Group Biological Aging Review Committee, 28123-28124 E8-10673 National Institute on Aging Special Emphasis Panel, 28124 E8-10675 Statement of Organization, Functions, and Delegations of Authority, 28124-28126 E8-10637 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings:
Gulf of Mexico Fishery Management Council; Cancellation, 28102-28103 E8-10867 New England Fishery Management Council, 28103 E8-10846 National Park National Park Service NOTICES Extension of Concession Contract, 28152 E8-10636 Nuclear Nuclear Regulatory Commission NOTICES Acceptance for Docketing of the Application and Opportunity for Hearing Regarding Renewal: Rensselaer Polytechnic Institute Reactor Critical Facility, 28170-28171 E8-10862 Environmental Statements; Availability, etc.:
Naval Air Depot, Cherry Point, NC, 28171-28173 E8-10860 Withdrawal of Application for Amendment to Facility Operating License: Dominion Energy Kewaunee, Inc, 28173-28174 E8-10861 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 28037-28038 E8-10886 Personnel Personnel Management Office RULES Political Activity;
Federal Employees Residing in Designated Localities, 28025-28026 E8-10774 Postal Postal Service RULES Repositionable Notes Transitioned from an Experimental Test to a Permanent Classification, 28041-28042 E8-10420 SEC Securities and Exchange Commission NOTICES Applications: Main Street Capital Corp., et al., 28175-28178 E8-10802 Self-Regulatory Organizations; Proposed Rule Changes: NYSE Arca, Inc., 28178-28180 E8-10803 SBA Small Business Administration NOTICES Disaster Declarations:
Arkansas, 28180 E8-10866 Connecticut, 28180 E8-10864 Indiana, 28180-28181 E8-10863 Mississippi, 28181 E8-10865 Social Social Security Administration RULES Parent-to-Child Deeming from Stepparents, 28033-28036 E8-10800 NOTICES Rescission of Social Security Acquiescence Ruling, 28181-28182 E8-10930 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28126-28127 E8-10855 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 28152-28153 E8-10731 Surface Surface Transportation Board NOTICES Discontinuance of Service Exemption: Norfolk Southern Railway Company; Chesapeake, VA, 28188-28189 E8-10703 Genesee & Wyoming Inc.—Control Exemption—Columbus and Greenville Railway Company, et al., 28189 E8-10875 Trackage Rights Exemption: Indiana Rail Road Co.; CSX Transportation, Inc., 28189-28190 E8-10723 Trade Trade Representative, Office of United States NOTICES Generalized System of Preferences:
Initiation of the 2008 Annual GSP Product and Country Eligibility Practices Review and Deadlines for Filing Petitions, 28174-28175 E8-10917 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board Transportation Transportation Security Administration NOTICES Transportation Worker Identification Credential: Enrollment Dates for the Ports of Manatee, FL;
Marcus Hook, PA; Rochester, NY; and Greenville, MS, 28149 E8-10910 Treasury Treasury Department NOTICES Draft Report of the Advisory Committee on the Auditing Profession, 28190-28208 E8-10818 Meetings: Advisory Committee on the Auditing Profession, 28208-28209 E8-10817 Separate Parts in This Issue Part II Interior Department, Fish and Wildlife Services, 28212-28303 E8-11105 Part III Interior Department, Fish and Wildlife Services, 28306-28318 E8-11144 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 95 Thursday, May 15, 2008 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 733 RIN 3206-AL32 Political Activity—Federal Employees Residing in Designated Localities AGENCY: Office of Personnel Management. ACTION:
Final rule. SUMMARY: OPM is amending its regulations at 5 CFR part 733 to grant Federal employees residing in Fauquier County, Virginia, a partial exemption from the political activity restrictions in the Hatch Act, and to add Fauquier County to its regulatory list of designated localities. The amendment reflects OPM's determination that Fauquier County meets the criteria in the Hatch Act and OPM regulations for a partial exemption to issue. DATES: This rule is effective June 16, 2008.
FOR FURTHER INFORMATION CONTACT: Jo-Ann Chabot, Office of the General Counsel, United States Office of Personnel Management,
(202)606-1700. SUPPLEMENTARY INFORMATION: The Hatch Act, at 5 U.S.C. 7323(a)(2) and (3), prohibits Federal employees from becoming candidates for partisan political office and from soliciting, accepting, or receiving political contributions. However, 5 U.S.C. 7325, authorizes OPM to prescribe regulations permitting employees in certain communities to participate in local elections for partisan political office without regard to the prohibitions in 5 U.S.C. 7323(a)(2) and
(3)only if the requirements described in section 7325 are met. The first requirement is that the community or political subdivision must be located in Maryland or Virginia, and in the immediate vicinity of the District of Columbia. Alternatively, the majority of the community's registered voters must be employed by the United States Government. The second requirement is that OPM must determine that it is in the domestic interest of the employees to permit that political participation because of special or unusual circumstances existing in the community or political subdivision. These statutory requirements are reflected in 5 CFR 733.107(a). Under 5 CFR part 733, the exemption from the prohibitions in 5 U.S.C. 7323(a)(2) and
(3)is a partial exemption because in 5 CFR 733.103-733.106, OPM has established limitations on political participation by most Federal employees residing in these designated municipalities and subdivisions. On July 19, 2007, OPM issued a proposed rule at 72 FR 39582 to add Fauquier County, Virginia, to this regulatory list of designated localities at 5 CFR 733.107(c). In its notice of proposed rulemaking, OPM noted that Fauquier County, Virginia, had fulfilled the statutory requirements for a partial exemption to issue and proposed the addition of Fauquier County to the regulatory list of designated localities. 72 FR 39582 (July 19, 2007). OPM also placed a legal notice in *The Fauquier Times Democrat* on September 12, 2007. OPM received only one comment. In this comment, an individual identifying himself as a resident of Fauquier County stated that he feared interference every four years from residents who had no long range plans to stay in the community, or had no understanding of the ancestral history of the area. This individual also noted that he had nothing against the potential expertise of the county's Federally employed residents. He also stated, however, that he was “sick of gerrymandering of” the election process. OPM notes that most Federal civilian employees are individuals who have made a career of public service and reside in the same communities for many years. This individual, moreover, did not submit to OPM any evidence that political participation of Federal employees in connection with local elections would result in any “gerrymandering” of the election process, and OPM has not received any such evidence from any other source. Therefore, OPM is adding Fauquier County to its list of designated localities at 5 CFR 733.107(c). When this rule becomes effective, Federally employed residents of Fauquier County will be permitted under 5 CFR 733.103 to participate in the following activities:
(1)Run as independent candidates for election to partisan political office in elections for local office in the municipality or political subdivision;
(2)Solicit, accept, or receive a political contribution as, or on behalf of, an independent candidate for partisan political office in elections for local office in the municipality or political subdivision;
(3)Accept or receive a political contribution on behalf of an individual who is a candidate for local partisan political office and who represents a political party;
(4)Solicit, accept, or receive uncompensated volunteer services as an independent candidate, or on behalf of an independent candidate, for local partisan political office, in connection with the local elections of the municipality or subdivision; and
(5)Solicit, accept, or receive uncompensated volunteer services on behalf of an individual who is a candidate for local partisan political office and who represents a political party. Under 5 CFR 733.104 of title 5, however, Federally employed residents of Fauquier may not:
(1)Run as the representative of a political party for local partisan political office;
(2)Solicit a political contribution on behalf of an individual who is a candidate for local partisan political office and who represents a political party;
(3)Knowingly solicit a political contribution from any Federal employee, except as permitted under 5 U.S.C. 7323(a)(2)(A)-(C).
(4)Accept or receive a political contribution from a subordinate;
(5)Solicit, accept, or receive uncompensated volunteer services from a subordinate for any political purpose;
(6)Participate in political activities: ○ While they are on duty: ○ While they are wearing a uniform, badge, or insignia that identifies the employing agency or instrumentality or the position of the employee; ○ While they are in any room or building occupied in the discharge of official duties by an individual employed or holding office in the Government of the United States or any agency or instrumentality thereof; or ○ While using a Government-owned or leased vehicle or while using a privately owned vehicle in the discharge of official duties. Moreover, candidacy for, and service in, a partisan political office shall not result in neglect of, or interference with, the performance of the duties of the employee or create a conflict, or apparent conflict, of interest. Sections 733.103 and 733.104 of Title 5, Code of Federal Regulations, do not apply to individuals, such as career senior executives and employees of the Federal Bureau of Investigation, who are employed in the agencies or positions listed in 5 CFR 733.105(a). These individuals are subject to the more stringent limitations described in 5 CFR 733.105 and 733.106. Individuals who require advice concerning specific political activities, and whether an activity is permitted or prohibited under 5 CFR 733.103-733.106, should contact the United States Office of Special Counsel at
(800)854-2824 or
(202)254-3650. Requests for Hatch Act advisory opinions may be made by e-mail to: *hatchact@osc.gov.* Fauquier County will be listed after Falls Church, Virginia, and before Herndon, Virginia, at 5 CFR 733.107(c). E.O. 12866, Regulatory Review This regulation has been reviewed by the Office of Management and Budget in accordance with E.O. 12866. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because the changes will affect only employees of the Federal Government. List of Subjects in 5 CFR Part 733 Political activities (Government employees). Office of Personnel Management. Linda M. Springer, Director. Accordingly, the Office of Personnel Management amends 5 CFR Part 733 as follows: PART 733—POLITICAL ACTIVITY—FEDERAL EMPLOYEES RESIDING IN DESIGNATED LOCALITIES 1. The authority citation for part 733 continues to read as follows: Authority: 5 U.S.C. 7325; sec. 308 of Pub. L. 104-93, 109 Stat. 961, 966 (Jan. 6, 1996). 2. Section 733.107(c) is amended by adding Fauquier County, Virginia, alphabetically to the list of designated Virginia municipalities and political subdivisions as set forth below. § 733.107 Designated localities.
(c)* * * In Virginia Fauquier County [FR Doc. E8-10774 Filed 5-14-08; 8:45 am] BILLING CODE 6325-48-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 56 and 70 [Docket No. AMS-PY-08-0030; PY-06-002] Increase in Fees and Charges for Egg, Poultry, and Rabbit Grading; Correction AGENCY: Agricultural Marketing Service, USDA. ACTION: Correcting amendments. SUMMARY: This document contains corrections to the final regulations that were published in the **Federal Register** on Wednesday, March 14, 2007 (72 FR 11773) related to the fees and charges for Federal voluntary egg, poultry, and rabbit grading found in sections 7 CFR 56.54(a)(2), 7 CFR 70.76(a)(2) and 7 CFR 70.77(a)(5). The final regulations that are the subject of these corrections were to increase the minimum fees for rabbit grading and for non-resident egg and poultry grading services that had been effective since September 25, 2005. Although the increases were included in the supplementary information, they were inadvertently omitted in the regulatory language. DATES: *Effective Date:* May 15, 2008. FOR FURTHER INFORMATION CONTACT: David Bowden, Jr., Chief, USDA, AMS, PY, Standards, Promotion and Technology Branch
(202)690-3148. SUPPLEMENTARY INFORMATION: The docket provides correcting amendments to Marketing Orders 56 and 70, found respectively at 7 CFR part 56 and part 70. List of Subjects 7 CFR Part 56 Eggs and egg products, Food grades and standards, Food labeling, Reporting and recordkeeping requirements. 7 CFR Part 70 Food grades and standards, Food labeling, Poultry and Poultry products, Rabbits and rabbit products, Reporting and recordkeeping requirements. Accordingly, 7 CFR, parts 56 and 70 are corrected by making the following correcting amendments: PART 56—VOLUNTARY GRADING OF SHELL EGGS 1. The authority citation for part 56 continues to read as follows: Authority: 7 U.S.C. 1621-1627. § 56.54 [Amended] 2. In § 56.54, paragraph (a)(2) is amended by removing the figure “$260” and adding the figure “$275” in its place. PART 70—VOLUNTARY GRADING OF POULTRY PRODUCTS AND RABBIT PRODUCTS 3. The authority citation for part 70 continues to read as follows: Authority: 7 U.S.C. 1621-1627. § 70.76 [Amended] 4. In § 70.76, paragraph (a)(2) is amended by removing the figure “$260” and adding the figure “$275” in its place. § 70.77 [Amended] 5. In § 70.77, paragraph (a)(5) is amended by removing the figure “$260” and adding the figure “$275” in its place. Dated: May 9, 2008. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E8-10821 Filed 5-14-08; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 103 and 299 [CIS No. 2074-00; DHS Docket No. USCIS-2005-0013] RIN 1615—AB19 Establishment of a Genealogy Program AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule. SUMMARY: This rule establishes a fee-for-service Genealogy Program within U.S. Citizenship and Immigration Services (USCIS) to streamline and improve the process for acquiring historical records of deceased individuals. Currently, USCIS processes such requests through its Freedom of Information Act/Privacy Act (FOIA/PA) program, thereby adding unnecessary delays to the process. USCIS expects that this Genealogy Program will ensure a timely response to requests for genealogical and historical records and will relieve USCIS' FOIA/PA program of requests that do not require FOIA/PA expertise. It will put researchers in touch with the correct staff persons within USCIS, and it will create a dedicated queue for genealogists and other researchers seeking access to historical records. DATES: This rule is effective August 13, 2008. FOR FURTHER INFORMATION CONTACT: Marian L. Smith, Office of Records Services (ORS), U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., Washington, DC 20529, telephone
(202)272-8367. SUPPLEMENTARY INFORMATION: Table of Contents I. Background and Purpose II. Discussion of Comments A. Summary of Comments B. Response to Comments, Generally C. Response to Comments about Fees III. Regulatory Analyses A. Regulatory Flexibility Act B. Unfunded Mandates Reform Act of 1995 C. Small Business Regulatory Enforcement Fairness Act of 1996 D. Executive Order 12866 E. Executive Order 13132 F. Executive Order 12988 G. Paperwork Reduction Act I. Background and Purpose USCIS currently processes requests for historical records of deceased individuals (i.e., genealogical requests) under USCIS' FOIA/PA program. However, the demand for historical records by historical and genealogical researchers, as well as other members of the public, has grown dramatically over the past several years. The volume of genealogical requests has contributed to the USCIS FOIA/PA backlog. USCIS believes that removing genealogy research from the immense FOIA group of “all” requesters would improve service to historical researchers, genealogists, and other members of the public. It would also greatly reduce the number of FOIA requests and improve the ability of USCIS to respond to requests for other non-historical records and materials. On April 20, 2006, the Department of Homeland Security published a proposed rule in the **Federal Register** (71 FR 20357), soliciting comments from the public on the establishment of a fee-for-service Genealogy Program in USCIS. As discussed in the proposed rule, the Genealogy Program would accept genealogical research requests directly from requesters. There would be two types of requests:
(1)Requests for searching the index of records if the requester is unable to identify a specific historical record; and
(2)requests for making copies of historical records the requester can identify by file number. To make a request, the requester would need to submit to the Genealogy Program the appropriate request form, accompanied by any supporting documentation and the applicable fee. The Genealogy Program would handle the entire request/retrieval process. II. Discussion of Comments A. Summary of Comments The comment period for the April 20, 2006 proposed rule closed on June 19, 2006. USCIS received a total of thirty-three comments, including thirty-one comments from individuals identified as either hobbyists or professional genealogists. One of the comments came from an umbrella organization for numerous genealogical societies worldwide. There were twenty-eight positive remarks in favor of USCIS establishing a Genealogy Program. In addition, USCIS received three negative comments that objected to USCIS' establishment of a Genealogy Program. Of the positive comments, seven requested that the Genealogy Program have an online search capability with public access to the index. Nine supported USCIS' proposal to remove genealogy research from the FOIA program. One of the commenters, an umbrella organization for genealogical societies that was in favor of creating a dedicated fee-for-service Genealogy Program, noted the benefits of such a program. The program would permit individuals to make requests over the Internet, remove those requests from the FOIA program (thereby eliminating the excessive waiting time), and support the creation of a dedicated staff that the public can contact. This commenter noted that the organization and its members approved of a fee-based system and expressed hope that USCIS would balance the final fee range with the issue of affordability for individuals seeking records. Five commenters discussed the range of fees that USCIS proposed. One commenter stated that fees above $10 will limit access to the documents. A second commenter suggested that the proposed fees would make USCIS-held records “records of last resort,” because a researcher would only submit a request if it were impossible to find the naturalization or immigration information elsewhere. A third commenter opined that the proposed range of fees would substantially dampen people's interest in obtaining such records and stop people from continuing their genealogy research. This commenter further stated that most of the people who do genealogy research are over 50 years old or are senior citizens with finite financial resources. The fourth commenter wrote that the proposed fees were too high for the average genealogy researcher and suggested that fees in the $15 to $25 range would be more affordable. The fifth commenter expressed concern that the proposed fee range of $26 to $55 for a copy of textual documentation is much too high for the average person to afford. B. Response to Comments, Generally USCIS will establish the Genealogy Program as a fee-for-service program. USCIS will not expend any of its financial resources, which are dedicated to its overall mission for the administration of immigration and naturalization adjudication functions and establishing immigration services, policies, and priorities. In many cases, USCIS is the only government agency that will have certain historical records that provide the missing link for which genealogists or family historians are searching. An example is the Visa File packet, which contains the original arrival record of immigrants admitted for permanent residence under provisions of the Immigration Act of 1924. The packet contains information and documents of the immigrant's exact date and place of birth, names of parents and children, all places of residence for five full years prior to immigration, and photographs. In addition, some Visa packets contain birth, marriage, and military records. USCIS will join other Federal agencies that provide record search and document production services (for a fee) to family researchers and genealogists. C. Response to Comments About Fees In the proposed rule, USCIS provided a detailed analysis about fees and specifically requested comment on the issue of fees. 71 FR at 20363. Several commenters provided input on fees, and those comments are summarized above. In response, USCIS provides the following explanation on its basis for establishing fees and setting the amounts of the fees. In the proposed rule, USCIS proposed a fee range of $16 to $45 for an index search and $16 to $45 for a record/file services request. 71 FR at 20362. USCIS had calculated these proposed fees in accordance with Office of Management and Budget
(OMB)Circular A-25, which requires that user fees recover the full cost of services provided. OMB Circular A-25, User Charges (Revised), section 6, 58 FR 38142 (July 15, 1993) (OMB Circular A-25). Full cost under OMB Circular A-25 includes items such as management and personnel costs (salaries and benefits), physical overhead, consulting, materials and supplies, utilities, insurance, travel, and rent of building space and equipment. As was discussed in the proposed rule, the services to be provided under the USCIS Genealogy Program will be significantly enhanced from what is currently provided under existing FOIA/PA processing. The fees that USCIS will charge to provide services that are described in this rule will cover the costs of that enhanced service as well as overhead items as required by OMB Circular A-25. The full cost of this service will include the cost of research and information collection, a description of the document, suggestions of where to locate records from other federal or state agencies, establishment of procedures and standards, and the issuance of regulations. Thus, the fees must be established at a level that recovers these costs. OMB Circular A-25 also provides that, when costs are not known, such as when an agency is developing and implementing a new fee for a service program, an agency may establish fees based on a study and comparison of other comparable fee-based services provided by other governmental entities. Since the genealogy program is new, USCIS utilized this method of fee determination in addition to analyzing the actual costs projected to carry out the program. No other organization provides exactly the same service, because no other organization holds precisely the same variety or volume of records. USCIS, however, considered the fees charged by a few similar organizations. As stated in the proposed rule, USCIS considered the fees charged by the Social Security Administration, the National Archives and Records Administration, the Department of Interior's Bureau of Land Management, and a few state agencies. After considering the comments received on the proposed rule, the costs of providing this service, OMB requirements, and the fees charged for similar services, USCIS has decided to set the search and document reproduction fees for the Genealogy Program as follows: *Index Search:* $20. *Copy of Document from Microfilm:* $20. *Copy of Textual File:* $35. Chart 1 lists the records that the public would be able to request from the Genealogy Program versus the records that the public would be able to request from the FOIA/PA program. Chart 1 Genealogy program FOIA/PA program Files of deceased subjects. (Provided files are defined as historical records.) Files of living subjects. Naturalization Certificate Files (C-Files) from 9/27/1906 to 4/1/1956 Naturalization records on or after 4/1/1956. Visa Files from 7/1/1924 to 3/31/1944 and Visa records from 3/31/1944 to 5/1/1951 in A-files Visa records on or after 5/1/1951 in A-Files. A-Files below 8 million and documents therein dated prior to 5/1/1951 A-files above 8 million and documents therein dated on or after 5/1/1951. Registry Files from 3/2/1929 to 3/31/1944 and registry records from 4/1/1944 to 4/30/1951 in A-files Registry records on or after 5/1/1951 in A-Files. AR-2 Files from 8/1/1940 to 3/31/1944 and Alien Registration Forms from 3/31/1944 to 4/30/1951 in A-Files Alien Registration Forms on or after 5/1/1951 in A-Files. III. Regulatory Analyses A. Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), DHS certifies that this rule will not have a significant economic impact on a substantial number of small entities because of the following factors: This rule affects professional genealogists and other members of the public requesting historical records from USCIS. The main source of genealogy requests comes from individuals doing personal research, rather than from small entities, such as professional genealogists. “The Washington Post” reported that seventy-three percent of Americans have an interest in their family history, according to a 2005 study conducted by Market Strategies, Inc., a syndicated research firm based in Livonia, Michigan, and MyFamily.com, an online network of genealogical tools based in Provo, Utah. “The Wall Street Journal” described genealogy as a $200 million per year industry ranging from individual researchers to multi-million dollar companies. In addition, the growth of the Internet has spurred interest in genealogy and a rapidly growing number of hobbyists pursuing genealogy. According to the “Occupational Outlook Quarterly” (Bureau of Labor Statistics, Fall 2000), a 1997 survey of certified genealogists found that 57 percent work part-time, 34 percent work full-time, and 9 percent are hobbyists. In 2001, there were over 300 certified genealogists, and currently, the Association of Professional Genealogists has 1,600 members worldwide ( *http://www.apgen.org* ). The National Genealogical Society notes: Some professional genealogists are employed as librarians, archivists, editors or research assistants to established professionals; others work for genealogical firms. Most, however, choose self-employment-learning business principles to ensure the success of their genealogical practice. As with other entrepreneurial fields, most make the move gradually from their original field of employment, building a practice—be it a client base, writing outlets, or some other venue—before moving full-time into genealogy. Some make this career switch in mid-life. Others choose genealogy as a second career upon retirement from their first one. Because genealogical degree programs are still relatively rare, only a few enjoy the opportunity to make genealogy their first career. No accurate count exists for the number of individuals employed as genealogists, full-time and part-time ( *http://www.ngsgenealogy.org/articles/profession.cfm* ). With the growth of the Internet, the number of individuals and hobbyists has grown at a much faster rate. Much of the growth in genealogy as a sector arises from providing individuals with the means of conducting their own family history research through online databases and research tools. The growing dominance of individual hobbyists suggests that individuals rather than professionals are the primary requesters of historical records. Professional genealogists tend to be hired when individuals hit a “brick wall,” or encounter a particular problem that they cannot resolve. This suggests that professional researchers tend to focus on aspects of genealogy research other than the standard index searches or record requests that would be submitted to the USCIS Genealogy Program. In each of the past 4 years, USCIS has received an average of 10,000 combined index search and/or records requests for historical records through the FOIA program. For purposes of counting records, USCIS counts each request for a record search as one request. Based on an estimated increase in the demand for historical information and the fact that the Genealogy Program will treat index search requests and records requests as separate rather than combined requests, DHS expects the total number of genealogy requests to be significantly higher than when the FOIA Program handled genealogical requests. DHS estimates that it will receive a combined total of 26,597 genealogy requests, including 15,250 index search requests, 6,619 requests for microfilm records, and 4,728 requests for textual records. DHS has determined that individuals make requests for historical records. If professional genealogists and researchers have submitted such requests, they are not identifying themselves as commercial requesters and thus cannot be segregated in the data. Genealogists typically advise clients on how to submit their own requests. Reasons for this practice include the time required for a response to the request and the belief that records are more releasable to a relative rather than an unrelated third party. Based on discussions with professional genealogists, USCIS believes that professional genealogists and researchers who fall under the approved definition from the Small Business Association definition of a small entity in this category (i.e., All Other Professional, Scientific, and Technical Services with annual average receipts of $6 million or less) generate well below 5 percent of the total number of requests. If USCIS assumes that professional genealogists and researchers account for 5 percent of the requests, and these costs are borne exclusively by the 1,600 members of the Association of Professional Genealogists, the average impact would be $18.84 per year. This figure was derived by multiplying the total cost of the rule $602,860 by .5% (the percentage of small entities) and divided by 1,600 (the number of small entities.) These practices arise from the nature of the genealogy sector. Professional genealogists charge from $10 to $100 per hour, with an average of $30 to $60 per hour, according to the Association of Professional Genealogists ( *http://www.apgen.org/articles/hire.html* ). Expenses, such as record requests and copies, are often charged to the client as an additional expense. The fees established with this rule could be passed along as a direct expense to the professional genealogists' client, thus no significant economic impact would be borne by the professional genealogist. Specialists typically charge a relatively higher fee. ( *http://www.progenealogists.com/compare.htm* ). In addition, many professionals require a retainer of $300 to $500. See Sue P. Morgan, “What You Should Know Before Hiring a Professional Genealogist,” available at *http://www.genservices.com/docs/HiringAPro.htm* . Depending on the depth of the research, the fees for a genealogical study can be substantial. This does not suggest a substantial burden on researchers. Given the low number of professional genealogists and researchers that would be impacted by this rule, the resulting degree of economic impact would not require DHS to perform Regulatory Flexibility Analysis. B. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. C. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Act of 1996. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. D. Executive Order 12866 It has been determined that this rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review. Nonetheless, USCIS has assessed both the costs and benefits of this rule and has determined that the benefits of this regulation justify its costs. The anticipated benefits of this rule are:
(1)Relieve the FOIA/PA program from burdensome requests that require no FOIA/PA expertise;
(2)place requesters and the Genealogy staff in direct communication;
(3)provide a dedicated queue and point of contact for genealogists and other researchers seeking access to those records described as historical records;
(4)generate sufficient revenue to cover expenses as a fee for service program; and
(5)reduce the time it takes for USCIS to respond to these genealogy requests. The cost to the public of this rule will be $20 for a request for an index search, $20 for a request for a copy of a file on microfilm, and $35 for a request for a copy of a textual file. USCIS is authorized to charge a fee to recover the full costs of providing research and information services under section 286(t) of the Immigration and Nationality Act, 8 U.S.C. 1356(t). Other sources exist for many types of genealogical research, and it is not evident that every search by a genealogist would require access to the Genealogy Program at USCIS. Based upon these fees, it is possible to approximate the impact of fees on individual and professional genealogists and researchers. USCIS expects to receive approximately 15,250 genealogical
(name)index search requests per year, which, at $20 per search, would yield $305,000; in addition, there would be a total of 6,619 requests for microfilmed records, and 4,728 requests for textual records (i.e., hard copy files). The fee for microfilmed records would yield $132,380. The fee to pull textual records would yield $165,480. Therefore, the total fees collected by the Genealogy Program should yield $602,860. Establishing the Genealogy Program will benefit both individuals and researchers making genealogy requests for historical records as well as those seeking information under the current FOIA/PA program, because it will allow for a more timely response for both sets of requests. USCIS estimates that it received an average of 10,000 combined index search and record requests per year for genealogical information in each of the past 4 fiscal years through the existing FOIA/PA program. USCIS can release these records without redaction or withholding, eliminating the need for FOIA/PA analysis. A program specifically designed to handle these requests would expedite the process and improve services to historical researchers, genealogists and the general public. For example, the rule does not increase information collection requirements of the rule. In fact, the introduction of e-filing presents an opportunity to simplify the information collection process and expedite handling. At the same time, the resources of the FOIA/PA program could be applied more efficiently to requests more directly related to immigration, citizenship, or naturalization benefits that require more detailed FOIA/PA analysis. E. Executive Order 13132 This rule 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. Therefore, in accordance with section 6 of Executive Order 13132, USCIS has determined that this rule does not have federalism implications to warrant the preparation of a federalism summary impact statement. It provides for alternate document handling procedures that do not implicate state government. F. Executive Order 12988 This rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988. G. Paperwork Reduction Act The Office of Management and Budget approved the information collection requirements for the use of Forms G-1041, Genealogy Search Request, and G-1041A, Genealogy Records Request, contained in this rule. The OMB control number for this collection is 1615-0096. List of Subjects 8 CFR Part 103 Administrative practice and procedure, Authority delegations (Government agencies), Freedom of Information, Privacy, Reporting and recordkeeping requirements, Surety bonds. 8 CFR Part 299 Immigration, Reporting and recordkeeping requirements. Accordingly, chapter I of title 8 of the Code of Federal Regulations is amended as follows: PART 103—POWERS AND DUTIES; AVAILABILITY OF RECORDS 1. The authority citation for part 103 continues to read as follows: Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 9701; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 1 *et seq.* ), E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2. 2. Section 103.7 is amended by: a. Adding the entries “Form G-1041” and “Form G-1041A” in proper alpha/numeric sequence, in paragraph (b)(1); and by b. Revising the fifth sentence in paragraph (c)(1). The additions and revision read as follows: § 103.7 Fees.
(b)* * *
(1)* * * Form G-1041. For filing a request for a search of indices to historical records to be used in genealogical research—$20. The search fee is not refundable. Form G-1041A. For filing a request for a copy of historical records to be used in genealogical research—$20 for each file copy from microfilm or $35 for each file copy from a textual record. In some cases, the researcher may be unable to determine the fee, because the researcher will have a file number obtained from a source other than the USCIS Genealogy Program and therefore not know the format of the file (microfilm or hard copy). In this case, if USCIS locates the file and it is a textual file, the Genealogy Program will notify the researcher to remit the additional $15. The Genealogy Program will refund the records request fee only when it is unable to locate the file previously identified in response to the index search request.
(c)* * *
(1)* * * The fees for Form I-907, Request for Premium Processing Services, and for Forms G-1041 and G-1041A, Genealogy Program request forms, may not be waived. 3. Section 103.38 is added to read as follows: § 103.38 Genealogy Program.
(a)*Purpose.* The Department of Homeland Security, U.S. Citizenship and Immigration Services Genealogy Program is a fee-for-service program designed to provide genealogical and historical records and reference services to genealogists, historians, and others seeking documents maintained within the historical record systems.
(b)*Scope and limitations.* Sections 103.38 through 103.41 comprise the regulations of the Genealogy Program. These regulations apply only to searches for and retrieval of records from the file series described as historical records in 8 CFR 103.39. These regulations set forth the procedures by which individuals may request searches for historical records and, if responsive records are located, obtain copies of those records. 4. Section 103.39 is added to read as follows: § 103.39 Historical Records. Historical Records are files, forms, and documents now located within the following records series:
(a)*Naturalization Certificate Files (C-Files), from September 27, 1906 to April 1, 1956.* Copies of records relating to all U.S. naturalizations in Federal, State, county, or municipal courts, overseas military naturalizations, replacement of old law naturalization certificates, and the issuance of Certificates of Citizenship in derivative, repatriation, and resumption cases. The majority of C-Files exist only on microfilm. Standard C-Files generally contain at least one application form (Declaration of Intention and/or Petition for Naturalization, or other application) and a duplicate certificate of naturalization or certificate of citizenship. Many files contain additional documents, including correspondence, affidavits, or other records. Only C-Files dating from 1929 onward include photographs.
(b)*Microfilmed Alien Registration Forms, from August 1, 1940 to March 31, 1944.* Microfilmed copies of 5.5 million Alien Registration Forms (Form AR-2) completed by all aliens age 14 and older, residing in or entering the United States between August 1, 1940 and March 31, 1944. The two-page form called for the following information: Name; name at arrival; other names used; street address; post-office address; date of birth; place of birth; citizenship; sex; marital status; race; height; weight; hair and eye color; date, place, vessel, and class of admission of last arrival in United States; date of first arrival in United States; number of years in United States; usual occupation; present occupation; name, address, and business of present employer; membership in clubs, organizations, or societies; dates and nature of military or naval service; whether citizenship papers filed, and if so date, place, and court for declaration or petition; number of relatives living in the United States; arrest record, including date, place, and disposition of each arrest; whether or not affiliated with a foreign government; signature; and fingerprint.
(c)*Visa Files, from July 1, 1924 to March 31, 1944.* Original arrival records of immigrants admitted for permanent residence under provisions of the Immigration Act of 1924. Visa forms contain all information normally found on a ship passenger list of the period, as well as the immigrant's places of residence for 5 years prior to emigration, names of both the immigrant's parents, and other data. In most cases, birth records or affidavits are attached to the visa, and in some cases, marriage, military, or police records may also be attached to the visa.
(d)*Registry Files, from March 2, 1929 to March 31, 1944.* Original records documenting the creation of immigrant arrival records for persons who entered the United States prior to July 1, 1924, and for whom no arrival record could later be found. Most files also include documents supporting the immigrant's claims regarding arrival and residence (e.g., proofs of residence, receipts, and employment records).
(e)*Alien-Files numbered below 8 million (A8000000), and documents therein dated prior to May 1, 1951.* Individual alien case files (A-files) became the official file for all immigration records created or consolidated after April 1, 1944. The United States issued A-numbers ranging up to approximately 6 million to aliens and immigrants who were within or entered the United States between 1940 and 1945. The United States entered the 6 million and 7 million series of A-numbers between circa 1944 and May 1, 1951. Any documents dated after May 1, 1951, though found in an A-File numbered below 8 million, will remain subject to FOIA/PA restrictions. 5. Section 103.40 is added to read as follows: § 103.40 Genealogical Research Requests.
(a)*Nature of requests.* Genealogy requests are requests for searches and/or copies of historical records relating to a deceased person, usually for genealogy and family history research purposes.
(b)*Manner of requesting genealogical searches and records.* Requests must be submitted on Form G-1041, Genealogy Index Search Request, or Form G-1041A, Genealogy Records Request, and mailed to the address listed on the form. Beginning on August 13, 2008, USCIS will accept requests electronically through its Web site at *http://www.USCIS.gov* . A separate request on Form G-1041 must be submitted for each individual searched, and that form will call for the name, aliases, and all alternate spellings relating to the one individual immigrant. Form G-1041A may be submitted to request one or more separate records relating to separate individuals.
(c)*Information required to perform index search.* As required on Form G-1041, all requests for index searches to identify records of individual immigrants must include the immigrant's full name (including variant spellings of the name and/or aliases, if any), date of birth, and place of birth. The date of birth must be at least as specific as a year, and the place of birth must be at least as specific as a country (preferably the country name as it existed at the time of the immigrant's immigration or naturalization). Additional information about the immigrant's date of arrival in the United States, residence at time of naturalization, name of spouse, and names of children may be required to ensure a successful search.
(d)*Information required to retrieve records.* As required on Form G-1041A, requests for copies of historical records or files must identify the record by number or other specific data used by the Genealogy Program Office to retrieve the record. C-Files must be identified by a naturalization certificate number. Forms AR-2 and A-Files numbered below 8 million must be identified by Alien Registration Number. Visa Files must be identified by the Visa File Number. Registry Files must be identified by the Registry File Number (for example, R-12345).
(e)*Information required for release of records.* Subjects will be presumed deceased if their birth dates are more than 100 years prior to the date of the request. In other cases, the subject is presumed to be living until the requestor establishes to the satisfaction of the Genealogy Program Office that the subject is deceased. As required on Form G-1041A, primary or secondary documentary evidence of the subject's death will be required (including but not limited to death records, published obituaries or eulogies, published death notices, church or bible records, photographs of gravestones, and/or copies of official documents relating to payment of death benefits). All documentary evidence must be attached to Form G-1041A or submitted in accordance with instructions provided on Form G-1041A.
(f)*Processing of index search requests.* This service is designed for customers who are unsure whether USCIS has any record of their ancestor, or who suspect a record exists but cannot identify that record by number. Each request for index search services will generate a search of the indices to determine the existence of responsive historical records. If no record is found, USCIS will notify the customer accordingly. If records are found, USCIS will provide the customer with the search results, including the type of record found and the file number or other information identifying the record. The customer can use this information to request a copy of the record(s).
(g)*Processing of record copy requests.* This service is designed for customers who can identify a specific record or file to be retrieved, copied, reviewed, and released. Customers may identify one or more files in a single request. However, separate fees will apply to each file requested. Upon receipt of requests identifying specific records by number or other identifying information, USCIS will retrieve, review, duplicate, and then mail the record(s) to the requester. It is possible that USCIS will find a record that contains data that is not releasable to the customer. An example would be names and birth dates of persons who might be living. The FOIA/PA only permits release of this type of information when the affected individual submits a release authorization to USCIS. Therefore, the Genealogy Program Office will contact and inform the customer of this requirement. The customer will have the opportunity to submit the release authorization. The customer can also agree to the transfer of the document request to the FOIA/PA program for treatment as a FOIA/PA request as described in 6 CFR Part 5. Document retrieval charges will apply in all cases where documents are retrieved. 6. Section 103.41 is added to read as follows: § 103.41 Genealogy request fees.
(a)*Genealogy search fee.* See 8 CFR 103.7(b)(1).
(b)*Genealogy records fees.* See 8 CFR 103.7(b)(1).
(c)*Manner of submission.* When a request is submitted online, credit card payments are required. These payments will be processed through the Treasury Department's Pay.Gov financial management system. Cashier's checks or money orders in the exact amount must be submitted for requests submitted with Form G-1041 or Form G-1041A in accordance with 8 CFR 103.7(a)(1). Personal Checks will not be accepted. PART 299—IMMIGRATION FORMS 7. The authority citation for part 299 continues to read as follows: Authority: 8 U.S.C. 1101 and note, 1103; 8 CFR part 2. 8. Section 299.1 is amended in the table by adding “G-1041” and “G-1041A”, in proper alpha/numeric sequence, to read as follows: § 299.1 Prescribed forms. Form No. Edition date Title * * * * * * * G-1041 11/15/06 Genealogy Index Search Request. G-1041A 11/15/06 Genealogy Records Request. * * * * * * * 9. Section 299.5 is amended in the table by adding entries for Forms “G-1041” and “G-1041A”, in proper alpha/numeric sequence, to read as follows: § 299.5 Display of control numbers. Form No. Form title Currently assigned OMB control No. * * * * * * * G-1041 Genealogy Index Search Request 1615-0096 G-1041A Genealogy Records Request 1615-0096 * * * * * * * Michael Chertoff, Secretary. [FR Doc. E8-10651 Filed 5-14-08; 8:45 am] BILLING CODE 9111-97-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-0310; Airspace Docket No. 07-AEA-21] Amendment of Class E Airspace; Bradford, PA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule, confirmation of effective date. SUMMARY: This action confirms the effective date of a direct final rule published in the **Federal Register** (73 FR 9443) that modifies Class E Airspace at Bradford, PA. The modified controlled airspace from nearby Bradford Regional Airport will now adequately support the Area Navigation
(RNAV)Global Positioning System
(GPS)Special Instrument Approach Procedure
(IAP)developed for medical flight operations for the University of Pittsburgh. DATES: Effective 0901 UTC, June 05, 2008. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Melinda Giddens, System Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; Telephone
(404)305-5610; Fax
(404)305-5572. SUPPLEMENTARY INFORMATION: Confirmation of Effective Date The FAA published this direct final rule with a request for comments in the **Federal Register** on February 21, 2008 (73 FR 9443), Docket No. FAA-2007-031 0; Airspace Docket No. 07-AEA-21. The FAA uses the direct final rulemaking procedure for a non-controversial rule where the FAA believes that there will be no adverse public comment. This direct final rule advised the public that no adverse comments were anticipated, and that unless a written adverse comment, or a written notice of intent to submit such an adverse comment, were received within the comment period, the regulation would become effective on June 5, 2008. No adverse comments were received, and thus this notice confirms that effective date. Issued in College Park, Georgia, on April 21, 2008. Lynda G. Otting, Acting Manager, System Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. E8-10430 Filed 5-14-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-0277; Airspace Docket No. 07-AEA-17] Establishment of Class E Airspace; Seneca, PA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule, confirmation of effective date. SUMMARY: This action confirms the effective date of a direct final rule published in the **Federal Register** (73 FR 8595) that establishes Class E Airspace at Seneca, PA to support a new Area Navigation
(RNAV)Global Positioning System
(GPS)Special Instrument Approach Procedure
(IAP)that has been developed for medical flight operations into the University of Pittsburgh Medical Center
(UPMC)Northwest Heliport. DATES: Effective 0901 UTC, June 5, 2008. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Melinda Giddens, System Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone
(404)305-5610. SUPPLEMENTARY INFORMATION: Confirmation of Effective Date The FAA published this direct final rule with a request for comments in the **Federal Register** on February 14, 2008 (73 FR 8595), Docket No. FAA-2007 0277; Airspace Docket No. 07-AEA-17. The FAA uses the direct final rulemaking procedure for a non-controversial rule where the FAA believes that there will be no adverse public comment. This direct final rule advised the public that no adverse comments were anticipated, and that unless a written adverse comment, or a written notice of intent to submit such an adverse comment, were received within the comment period, the regulation would become effective on June 5, 2008. No adverse comments were received, and thus this notice confirms that effective date. Issued in College Park, Georgia, on April 21, 2008. Lynda G. Otting, Acting Manager, System Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. E8-10432 Filed 5-14-08; 8:45 am] BILLING CODE 4910-13-M NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 14 CFR Part 1210 [Notice (08-045)] RIN 2700-AC81 Development Work for Industry in NASA Wind Tunnels AGENCY: National Aeronautics and Space Administration. ACTION: Final rule. SUMMARY: The National Aeronautics and Space Administration
(NASA)is amending its regulations by removing part 1210. This amendment will allow Agency, Center, and wind tunnel facility operations manuals to provide guidance on project priority, facility utilization charges, and test preparation and conduct. DATES: Effective July 14, 2008. FOR FURTHER INFORMATION CONTACT: *Technical information:* Michael George, 650-604-5881. *Legal information:* Rebecca Gilchrist, 202-358-2072. SUPPLEMENTARY INFORMATION: The amendment of 14 CFR part 1210 will eliminate existing errors in reference to Agency policy, offices, and positions. The amendment will also eliminate redundancy and conflicts in guidance regarding the establishment of agreements with other government agencies, industry, academia, and foreign entities as outlined in 14 CFR 1210.1 thru 1210.5. Authority, regulation, and guidance for these types of agreements are provided by the following policies: 42 U.S.C. 2473(c)(1), section 203(c)(1) of the National Aeronautics and Space Act of 1958, as amended; NASA Financial Management Requirements Vol. 16 Reimbursable Agreements; NASA Policy Directive 1050.1H Authority to Enter Space Act Agreements; and NAII 1050-1A Space Act Agreement Manual. The amendment will eliminate existing errors in 14 CFR 1210.6 Test Preparation and Conduct which provides guidance in facility operational testing procedures. For example, the section does not address the implementation of NASA export control policy regarding data handling and transfer as required by the following: 50 U.S.C. Appendix, parts 2401-2420, the Export Administration Act of 1979 (Pub. L. 96-72), as amended, 15 CFR parts 730-774, Export Administration Regulations, 22 CFR parts 120-130, International Traffic in Arms Regulations. Facility-specific, day-to-day operational procedures will be, and currently are, dictated by Agency and Center policy which can be found in documents such as: APR 8800.7, R&D Facilities Services Core Processes, February 6, 2006. NASA TM-1999-208478/Rev1 Glenn 1X1 Supersonic Wind Tunnel User Manual. NASA TM 2004-21697 User Manual for 10X10 Supersonic Wind Tunnel. Standards Handbook for Planning and Conducting Wind Tunnel Tests at Glenn Research Center. The amendment will ensure Agency, Center, and facility policy to provide guidance where deemed appropriate and ease the process for changing and maintaining these documents by placing that responsibility at the appropriate management level. List of Subjects in 14 CFR Part 1210 Armed Forces, Classified information, Engineers, Federal buildings and facilities, Government contracts, Intergovernmental relations, National defense, and Utilities. PART 1210—[REMOVED] Under the authority of 42 U.S.C. 2473, The National Aeronautics and Space Administration amends 14 CFR Chapter V by removing and reserving part 1210. Michael D. Griffin, Administrator. [FR Doc. E8-10799 Filed 5-14-08; 8:45 am] BILLING CODE 7510-13-P SOCIAL SECURITY ADMINISTRATION 20 CFR Part 416 [Docket No. SSA 2007-0070] RIN 0960-AF96 Parent-to-Child Deeming From Stepparents AGENCY: Social Security Administration (SSA). ACTION: Final rule. SUMMARY: We are changing the Supplemental Security Income
(SSI)parent-to-child deeming rules so that we no longer will consider the income and resources of a stepparent when an eligible child resides in the household with a stepparent, but that child's natural or adoptive parent has permanently left the household. These rules respond to a decision by the United States Court of Appeals for the Second Circuit, codified in Social Security Acquiescence Ruling
(AR)99-1(2), and establish a uniform national policy. Also, we are making uniform the age at which we consider someone to be a “child” in SSI program regulations and are making other minor clarifications to our rules. DATES: This final rule is effective on June 16, 2008. FOR FURTHER INFORMATION CONTACT: Eric Skidmore, Office of Income Security Programs, 252 Altmeyer Building, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401,
(410)597-1833. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet site, Social Security Online, at *http://www.socialsecurity.gov.* SUPPLEMENTARY INFORMATION: Electronic Version The electronic file of this document is available on the date of publication in the **Federal Register** at *http://www.gpoaccess.gov/fr/index.html.* Background ** The basic purpose of the SSI program is to provide a minimum level of income to people aged 65 or older, or who are blind or disabled, and who have limited income and resources. Section 1611 of the Social Security Act (the Act) provides that SSI payments can only be made to people who have income and resources below specified amounts. When we determine SSI eligibility and benefit amounts, we always consider the individual's own income and resources. Through a process known as deeming, we also consider the income and resources of others who are responsible for the individual's welfare. Deeming is based on the concept that those with responsibility for others provide support to them. Section 1614(f)(2) of the Act requires the Commissioner of Social Security (the Commissioner) to deem the income and resources of eligible children to include the income and resources of a natural or adoptive parent and the spouse of a parent who are living in the same household as the eligible child. These income and resource amounts are deemed to the eligible child whether or not they are available to the child, except to the extent determined by the Commissioner to be inequitable under the circumstances. Existing regulations in 20 CFR part 416, subparts K, L, and R, apply to parents and stepparents equally for purposes of deeming income and resources to an eligible child who lives in the same household as the parent or stepparent. However, a 1998 decision by the United States Court of Appeals for the Second Circuit held that our regulations require that a stepparent live in the same household as the natural or adoptive parent, in addition to living with the child, in order for the stepparent's income to be deemed to the child. ( *Florez on behalf of Wallace* v. *Callahan,* 156 F.3d 438). In the case of a natural parent who abandoned the family home leaving her spouse, as stepparent, with sole physical custody of the eligible child, the Second Circuit found that deeming of a stepparent's income to the child was not supported by the regulations. The Second Circuit also disagreed with our position that the controlling regulation in the case was § 416.1806, which addresses who is a spouse for SSI purposes and, by extension, who is a spouse for purposes of deeming. Under that regulation, we deem the income and resources of a stepparent living in the same household as the eligible child when the stepparent is legally married under State law to that child's natural or adoptive parent, even if the natural or adoptive parent is not living in the household. Instead, the court held that § 416.1101, which defines a spouse as someone who lives with another person as that person's husband or wife, was the controlling regulation. The court found that §§ 416.1101 and 416.1806 created a two-part test for determining whether a stepparent who lives with the eligible child is an eligible parent for deeming purposes under § 416.1160. Under this test, the spouse must live with the child's natural or adoptive parent pursuant to § 416.1101, and the relationship must be as husband or wife, as defined at § 416.1806. The court concluded that both the plain language of these regulations and the legislative history of the Act required us to exclude a stepparent's income from deeming when the eligible child's natural parent no longer resided in the family home. As a result of this decision, we issued AR 99-1(2) on February 1, 1999, to apply the court's decision in the States in the Second Circuit. We apply the AR if an SSI beneficiary is an eligible child who resides in Connecticut, New York, or Vermont at the time of the determination (including all post-eligibility determinations) or decision at any level of the administrative review process. We continue to use § 416.1806 as the controlling regulation in similar cases for the rest of the nation. The new regulation will restore national uniformity by extending the policy set out in AR 99-1(2) to the rest of the nation. The regulation deems a child's income and resources to include the income and resources of the stepparent only if the stepparent lives in the same household as the child and the natural or adoptive parent. We will not deem the income and resources of a stepparent to an eligible child if the natural or adoptive parent is permanently absent from the household. We are publishing a notice in the **Federal Register** effective on the same day as this final rule to rescind AR 99-1(2). Generally, we believe this regulation will prove beneficial to SSI children because we will not deem income or resources from stepparents who assume sole responsibility for their well-being. We also believe the policy change embodied in the regulation will encourage stepparents to voluntarily accept responsibility for SSI eligible children who have been abandoned by their natural or adoptive parents. This regulatory change may affect a small number of children in the following circumstance: the stepparent no longer will be considered a parent for deeming purposes. However, the child will be considered living in another person's household and, therefore, possibly in receipt of income in the form of in-kind support and maintenance (ISM). ISM includes the value of food and shelter that an individual receives while in the household of someone who is not the individual's spouse or parent. Although we no longer will deem the stepparent's income and resources when the natural or adoptive parent has left the home, under the SSI living arrangement rules, we will consider the value of the ISM the child may receive. When the individual is living in the household of another, we determine the value of ISM by dividing the food and household expenses by the number of people in the household and then subtracting the individual's contribution, if any, toward those expenses. If the individual's contribution is less than the computed pro rata share of the expenses, the difference between the contribution and the pro rata share is counted as income to the individual. The amount of income charged to an eligible individual in such a situation is capped at one-third of the Federal Benefit Rate
(FBR)for an individual. We reduce the amount of ISM charged to the child if the child contributed a portion of his or her income (such as the child's SSI check) toward the household expenses. In no case can ISM alone cause a child to be ineligible for SSI benefits. In order to determine the effect of this change on eligible children, we tracked cases in the States in the Second Circuit for a 1-year period following issuance of AR 99-1(2). We found no other cases where the stepparent was the only person who remained in the household with the eligible child after the natural or adoptive parent left. Since there are generally other people in the household, we believe it is likely that the eligible child could pay his or her pro rata share of the household expenses and, therefore, the child would be charged with little or no ISM. In addition, if the computation results in countable ISM, it may be less than the amount of deemed income we would have counted under our prior rules in such a circumstance. As compared to our prior rules where we deem a stepparent's income, we believe these final rules likely will cause no adverse impact on the child. We considered the possibility of revising our regulations pertaining to ISM to not count ISM in this situation. However, we determined that this option was undesirable because of the inequities it would create. We could not justify not counting ISM where an eligible child lives with a non-deemor stepparent, but continuing to count ISM in similar situations, such as where an eligible child lives with a non-deemor such as a friend or other relative. In addition, we modified our regulations to clarify our longstanding policy of not deeming the income and resources of a stepparent who lives with an eligible child to the child when the natural or adoptive parent dies or divorces the stepparent. We also made one change and one clarification to our definition of “ineligible child.” First, we eliminated the age difference in our regulations between our definitions of “child” and “ineligible child.” For purposes of consistency and to make our rules more easily understood by the public, we revised the regulatory definition of “ineligible child” to mirror the regulatory definition of “child” with respect to the maximum age requirement. The new rule permits a child in the household to be considered an ineligible child for deeming purposes until attainment of age 22, assuming all other requirements are met. We modified our definition of “ineligible child” to make clear that we will provide an allocation even if that ineligible child's parent were to leave the household. In determining the amount of income to deem from a parent to an eligible child, we make an allocation for other ineligible children in the home: We consider what other ineligible children reside in the home and reduce the amount of income to be deemed accordingly. And, consistent with our current policy, the final rule clarifies that we use the definition of “spouse” at § 416.1806 when determining who meets the definition of “ineligible child” for SSI purposes. Finally, we updated our regulations to properly identify the United States Department of Homeland Security. This change is clerical in nature and has no substantive effect on our policies or procedures. Explanation of Proposed Changes We amended the regulations in 20 CFR, part 416, subparts K, L, and R, to implement policy changes and clarify existing policy as discussed above. In summary, we are: • Revising §§ 416.1160(a)(2) and (d), 416.1165(g)(4), 416.1202(b)(1), and 416.1851(c) to not deem income and resources from a stepparent when an eligible child lives with a stepparent but not with his or her natural or adoptive parent. This will make our national policy uniform with respect to the deeming of income and resources from stepparents to eligible children when the natural or adoptive parent has permanently left the household. • Updating § 416.1160(d) to replace “Immigration and Naturalization Service” with “U.S. Citizenship and Immigration Services” due to a change in the name of a government entity. This is a result of the creation of the Department of Homeland Security. • Revising the definition of ineligible child in § 416.1160(d) to remove the under 21 age standard so that the definition of “ineligible child” will cross-reference the definition of “child” in § 416.1101, which uses an age limit of 22. This change eliminates the distinction between an “ineligible child” for deeming purposes and a “child” for all other purposes. • Revising the definition of ineligible child in § 416.1160(d) to clarify how we decide who is a “spouse” when determining who is an “ineligible child.” The definition of “ineligible child” will cross-reference § 416.1806 defining how we determine if an individual is married and who is a spouse. The change clarifies our regulations, consistent with our policy, to provide an ineligible child allocation when the spouse of a parent leaves the household, but the spouse's children remain in the household with the eligible child and the parent of the eligible child. • Revising § 416.1165(g)(3) to clarify how we deem income to an eligible child when the ineligible parent dies. The changes to § 416.1165(g)(3) clarify our longstanding policy, consistent with § 416.1881(b), to not deem the income of the stepparent to the eligible child when the natural or adoptive parent dies or divorces the stepparent. • Updating § 416.1204 to replace “Immigration and Naturalization Service” with “U.S. Citizenship and Immigration Services” due to a change in the name of the government entity. This is a result of the creation of the Department of Homeland Security. Public Comments In the notice of proposed rulemaking we published at 72 FR 72641 (December 21, 2007), we provided the public with a 60-day period in which to comment on the proposed changes. That comment period ended on February 19, 2008. We received comments from one individual who supported the proposed changes. Regulatory Procedures Executive Order 12866, as Amended The Office of Management and Budget
(OMB)determined that the proposed rules met the requirements for a significant regulatory action under Executive Order 12866, as amended, and it reviewed those proposed rules. Because we are making no changes in the final rules from what we proposed, OMB agreed that it did not need to review the final rules. Regulatory Flexibility Act We certify that these rules will not have a significant economic impact on a substantial number of small entities because they affect only individuals. Accordingly, a regulatory flexibility analysis as provided in the Regulatory Flexibility Act, as amended, is not required. Paperwork Reduction Act These regulations will impose no additional reporting or recordkeeping requirements requiring OMB clearance. (Catalog of Federal Domestic Assistance Programs No. 96.006, Supplemental Security Income) List of Subjects in 20 CFR Part 416 Administrative practice and procedure, Aged, Blind, Disability benefits, Public assistance programs, Reporting and recordkeeping requirements, Supplemental Security Income (SSI). Dated: May 8, 2008. Michael J. Astrue, Commissioner of Social Security. For the reasons set out in the preamble, we are amending subparts K, L, and R of part 416 of chapter III of title 20 Code of Federal Regulations as set forth below: PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Subpart K—[Amended] 1. The authority citation for subpart K of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f), 1621, 1631, and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 1383, and 1383b); sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note). 2. Amend § 416.1160 by revising the section heading, paragraph (a)(2) and the definitions of “Date of admission to or date of entry into the United States” and “Ineligible child” in paragraph
(d)to read as follows: § 416.1160 What is deeming of income?
(a)* * *
(2)*Ineligible parent.* If you are a child to whom deeming rules apply (see § 416.1165), we look at your ineligible parent's income to decide whether we must deem some of it to be yours. If you live with both your parent and your parent's spouse (i.e., your stepparent), we also look at your stepparent's income to decide whether we must deem some of it to be yours. We do this because we expect your parent (and your stepparent, if living with you and your parent) to use some of his or her income to take care of your needs.
(d)* * * *Date of admission to* or *date of entry into the United States* means the date established by the U.S. Citizenship and Immigration Services as the date the alien is admitted for permanent residence. *Ineligible child* means your natural child or adopted child, or the natural or adopted child of your spouse, or the natural or adopted child of your parent or of your parent's spouse (as the term *child* is defined in § 416.1101 and the term *spouse* is defined in § 416.1806), who lives in the same household with you, and is not eligible for SSI benefits. 3. Amend § 416.1165 by revising paragraphs (g)(3) and (g)(4) to read as follows: § 416.1165 How we deem income to you from your ineligible parent(s).
(g)* * *
(3)*Ineligible parent dies.* If your ineligible parent dies, we do not deem that parent's income to you to determine your eligibility for SSI benefits beginning with the month following the month of death. In determining your benefit amount beginning with the month following the month of death, we use only your own countable income in a prior month, excluding any income deemed to you in that month from your deceased ineligible parent (see § 416.1160(b)(2)(iii)). If you live with two ineligible parents and one dies, we continue to deem income from the surviving ineligible parent who is also your natural or adoptive parent. If you live with a stepparent following the death of your natural or adoptive parent, we do not deem income from the stepparent.
(4)*Ineligible parent and you no longer live in the same household.* If your ineligible parent and you no longer live in the same household, we do not deem that parent's income to you to determine your eligibility for SSI benefits beginning with the first month following the month in which one of you leaves the household. We also will not deem income to you from your parent's spouse (i.e., your stepparent) who remains in the household with you if your natural or adoptive parent has permanently left the household. To determine your benefit amount if you continue to be eligible, we follow the rule in § 416.420 of counting your income including deemed income from your parent and your parent's spouse (i.e., your stepparent) (if the stepparent and parent lived in the household with you) in the second month prior to the current month. Subpart L—[Amended] 4. The authority citation for subpart L of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f), 1621, 1631, and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 1383, and 1383b); sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note). 5. Amend § 416.1202 by revising paragraph (b)(1) to read as follows: § 416.1202 Deeming of resources.
(b)Child—(1) *General.* In the case of a child (as defined in § 416.1856) who is under age 18, such child's resources shall be deemed to include any resources, not otherwise excluded under this subpart, of an ineligible parent of such child who is living in the same household with such child (as described in § 416.1851). Such child's resources also shall be deemed to include the resources of an ineligible spouse of a parent (stepparent), provided the stepparent lives in the same household as the child and the parent. The child's resources shall be deemed to include the resources of the parent and stepparent whether or not the resources of the parent and stepparent are available to the child, to the extent that the resources of such parent (or parent and stepparent), exceed the resource limits described in § 416.1205 except as provided in paragraph (b)(2) of this section. (If the child is living with only one parent, the resource limit for an individual applies. If the child is living with both parents, or the child is living with one parent and the stepparent, the resource limit for an individual and spouse applies.) In addition to the exclusions listed in § 416.1210, pension funds which the parent or spouse of a parent may have are also excluded. The term “pension funds” is defined in paragraph
(a)of this section. As used in this section, the term “parent” means the natural or adoptive parent of a child and the terms “spouse of a parent” and “stepparent” means the spouse (as defined in § 416.1806) of such natural or adoptive parent who is living in the same household with the child and parent. 6. Amend § 416.1204 by revising the first two sentences of the introductory text to read as follows: § 416.1204 Deeming of resources of the sponsor of an alien. The resources of an alien who first applies for SSI benefits after September 30, 1980, are deemed to include the resources of the alien's sponsor for 3 years after the alien's date of admission into the United States. The *date of admission* is the date established by the U.S. Citizenship and Immigration Services as the date the alien is admitted for permanent residence.* * * Subpart R—[Amended] 7. The authority citation for subpart R of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1612(b), 1614(b), (c), and (d), and 1631(d)(1) and
(e)of the Social Security Act (42 U.S.C. 902(a)(5), 1382a(b), 1382c(b), (c), and (d), and 1383(d)(1) and (e)). 8. Amend § 416.1851 by revising the first sentence of paragraph
(c)and adding a new second sentence to read as follows: § 416.1851 Effects of being considered a child.
(c)If you are under age 18 and live with your parent(s) who is not eligible for SSI benefits, we consider
(deem)part of his or her income and resources to be your own. If you are under age 18 and live with both your parent and your parent's spouse (stepparent) and neither is eligible for SSI benefits, we consider
(deem)part of their income and resources to be your own. * * * [FR Doc. E8-10800 Filed 5-14-08; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 522 Implantation or Injectable Dosage Form New Animal Drugs; Flunixin AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration
(FDA)is amending the animal drug regulations to reflect approval of a supplemental abbreviated new animal drug application (ANADA) filed by IVX Animal Health, Inc. The supplemental ANADA provides for the veterinary prescription use of flunixin meglumine solution by intravenous injection in lactating dairy cattle for control of pyrexia associated with acute bovine mastitis. DATES: This rule is effective May 15, 2008. FOR FURTHER INFORMATION CONTACT: John K. Harshman, Center for Veterinary Medicine (HFV-104), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-276-8197, e-mail: *john.harshman@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: IVX Animal Health, Inc., 3915 South 48th Street Ter., St. Joseph, MO 64503, filed supplemental ANADA 200-124 that provides for veterinary prescription use of Flunixin Meglumine Injection intravenously in lactating dairy cattle for control of pyrexia associated with acute bovine mastitis. The supplemental ANADA is approved as of April 24, 2008, and the regulations are amended in 21 CFR 522.970 to reflect the approval. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. FDA has determined under 21 CFR 25.33(a)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule“ in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 522 Animal drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is amended as follows: PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 522 continues to read as follows: Authority: 21 U.S.C. 360b. 2. In § 522.970, revise paragraphs (b)(2) and (b)(4) to read as follows: § 522.970 Flunixin.
(b)* * *
(2)See Nos. 057561 and 061623 for use as in paragraphs (e)(1), (e)(2)(i)(A), (e)(2)(ii)(A), and (e)(2)(iii) of this section.
(4)See Nos. 055529 and 059130 for use as in paragraphs (e)(1) and (e)(2) of this section. Dated: May 6, 2008. Bernadette Dunham, Director, Center for Veterinary Medicine. [FR Doc. E8-10856 Filed 5-14-08; 8:45 am] BILLING CODE 4160-01-S PENSION BENEFIT GUARANTY CORPORATION 29 CFR Parts 4022 and 4044 Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits AGENCY: Pension Benefit Guaranty Corporation. ACTION: Final rule. SUMMARY: The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in June 2008. Interest assumptions are also published on the PBGC's Web site ( *http://www.pbgc.gov* ). DATES: Effective June 1, 2008. FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Manager, Regulatory and Policy Division, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005, 202-326-4024. (TTY/TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4024.) SUPPLEMENTARY INFORMATION: The PBGC's regulations prescribe actuarial assumptions—including interest assumptions—for valuing and paying plan benefits of terminating single-employer plans covered by title IV of the Employee Retirement Income Security Act of 1974. The interest assumptions are intended to reflect current conditions in the financial and annuity markets. Three sets of interest assumptions are prescribed:
(1)A set for the valuation of benefits for allocation purposes under section 4044 (found in Appendix B to Part 4044),
(2)a set for the PBGC to use to determine whether a benefit is payable as a lump sum and to determine lump-sum amounts to be paid by the PBGC (found in Appendix B to Part 4022), and
(3)a set for private-sector pension practitioners to refer to if they wish to use lump-sum interest rates determined using the PBGC's historical methodology (found in Appendix C to Part 4022). This amendment
(1)adds to Appendix B to Part 4044 the interest assumptions for valuing benefits for allocation purposes in plans with valuation dates during June 2008,
(2)adds to Appendix B to Part 4022 the interest assumptions for the PBGC to use for its own lump-sum payments in plans with valuation dates during June 2008, and
(3)adds to Appendix C to Part 4022 the interest assumptions for private-sector pension practitioners to refer to if they wish to use lump-sum interest rates determined using the PBGC's historical methodology for valuation dates during June 2008. For valuation of benefits for allocation purposes, the interest assumptions that the PBGC will use (set forth in Appendix B to part 4044) will be 5.68 percent for the first 20 years following the valuation date and 4.75 percent thereafter. These interest assumptions represent a decrease (from those in effect for May 2008) of 0.13 percent for the first 20 years following the valuation date and 0.13 percent for all years thereafter. The interest assumptions that the PBGC will use for its own lump-sum payments (set forth in Appendix B to part 4022) will be 3.25 percent for the period during which a benefit is in pay status and 4.00 percent during any years preceding the benefit's placement in pay status. These interest assumptions represent no change from those in effect for May 2008. For private-sector payments, the interest assumptions (set forth in Appendix C to part 4022) will be the same as those used by the PBGC for determining and paying lump sums (set forth in Appendix B to part 4022). The PBGC has determined that notice and public comment on this amendment are impracticable and contrary to the public interest. This finding is based on the need to determine and issue new interest assumptions promptly so that the assumptions can reflect current market conditions as accurately as possible. Because of the need to provide immediate guidance for the valuation and payment of benefits in plans with valuation dates during June 2008, the PBGC finds that good cause exists for making the assumptions set forth in this amendment effective less than 30 days after publication. The PBGC has determined that this action is not a “significant regulatory action” under the criteria set forth in Executive Order 12866. Because no general notice of proposed rulemaking is required for this amendment, the Regulatory Flexibility Act of 1980 does not apply. See 5 U.S.C. 601(2). List of Subjects 29 CFR Part 4022 Employee benefit plans, Pension insurance, Pensions, Reporting and recordkeeping requirements. 29 CFR Part 4044 Employee benefit plans, Pension insurance, Pensions. In consideration of the foregoing, 29 CFR parts 4022 and 4044 are amended as follows: PART 4022—BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS 1. The authority citation for part 4022 continues to read as follows: Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344. 2. In appendix B to part 4022, Rate Set 176, as set forth below, is added to the table. Appendix B to Part 4022—Lump Sum Interest Rates for PBGC Payments Rate set For plans with a valuation date On or after Before Immediate annuity rate (percent) Deferred annuities (percent) i <sup>1</sup> i <sup>2</sup> i <sup>3</sup> n <sup>1</sup> n <sup>2</sup> * * * * * * * 176 06-1-08 07-1-08 3.25 4.00 4.00 4.00 7 8 3. In appendix C to part 4022, Rate Set 176, as set forth below, is added to the table. Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments Rate set For plans with a valuation date On or after Before Immediate annuity rate (percent) Deferred annuities (percent) i <sup>1</sup> i <sup>2</sup> i <sup>3</sup> n <sup>1</sup> n <sup>2</sup> * * * * * * * 176 06-1-08 07-1-08 3.25 4.00 4.00 4.00 7 8 PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS 4. The authority citation for part 4044 continues to read as follows: Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362. 5. In appendix B to part 4044, a new entry for June 2008, as set forth below, is added to the table. Appendix B to Part 4044—Interest Rates Used to Value Benefits For valuation dates occurring in the month— The values of i <sup>t</sup> are: i <sup>t</sup> for t = i <sup>t</sup> for t = i <sup>t</sup> for t = * * * * * * * June 2008 .0568 1-20 .0475 >20 N/A N/A Issued in Washington, DC, on this 9th day of May 2008. Vincent K. Snowbarger, Deputy Director, Pension Benefit Guaranty Corporation. [FR Doc. E8-10886 Filed 5-14-08; 8:45 am] BILLING CODE 7709-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2008-0323] Notice of Enforcement of Regulation AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. SUMMARY: The Coast Guard will enforce a safety zone for the Weymouth 4th of July fireworks event. This action is to ensure the safety of life and protection of property during the fireworks event. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port Boston. DATES: For the special local regulations described in 33 CFR 100.114, Fireworks Display Table entry 7.11, the zone will be enforced on June 28, 2008. FOR FURTHER INFORMATION CONTACT: Chief Eldridge McFadden at phone number 617-223-3000. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special local regulation in 33 CFR 100.114 for the annual Weymouth 4th of July Fireworks on June 28, 2008, from 9 p.m. through 11 p.m. Under the provisions of 33 CFR 100.114, a vessel may not enter the regulated area, unless it receives permission from the COTP. Additionally, no person or vessel may enter or remain within 500 yards around the fireworks barge. Spectator vessels may safely transit outside the regulated area but may not anchor, block, loiter in, or impede the transit of ship parade participants or official patrol vessels. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. This notice is issued under authority of 33 CFR 100.114 and 5 U.S.C. 552(a). In addition to this notice in the **Federal Register** , the Coast Guard will provide the maritime community with extensive advance notification of this enforcement period via the Local Notice to Mariners. If the COTP determines that the regulated area need not be enforced for the full duration stated in this notice, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. Dated: May 6, 2008. G.P. Kulisch, Captain, U.S. Coast Guard, Captain of the Port Boston. [FR Doc. E8-10804 Filed 5-14-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2008-0372] 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 re-establishing two temporary safety zones of 500 meter radii 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 May 7, 2008 through July 12, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG-2008-0372 and are available online at *http://www.regulations.gov.* They are also available for inspection or copying at two locations: 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, and the U.S. Coast Guard, Sector Boston, 427 Commercial Street, Boston, MA 02109 between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call Chief Petty Officer Eldridge McFadden, Waterways Management Division, U.S. 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 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, has been developed via separate rulemaking, and is available for review and comment at the Web site *http://www.regulations.gov* using a search term of USCG-2007-0087. These safety zones are needed pending implementation of a final regulatory scheme, proposed in a separate rulemaking docket, USCG-2007-0087, 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** . 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-southeast 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′38″ N, Longitude 070°35′31″ W and STL Buoy B, Latitude 42°23′56″ N, Longitude 070°37′00″ 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 LNG 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. In December 2007, the Coast Guard established a safety zone around the submerged turret loading buoys while regulations were developed to protect the buoys as well as passing vessels. See 73 FR 1274. That temporary safety zone expires May 7, 2007. The comment period for the permanent rulemaking project, docket number USCG-2007-0087, ends May 12, 2008. The temporary zone created by this rule ensures that there is no gap in authority to ensure safety around the submerged deepwater port infrastructure while comments on proposed permanent regulatory regime are analyzed, and that rulemaking project is completed. Discussion of Rule The Coast Guard is re-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 the safety zones. This rule is effective immediately through July 12, 2008. 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 would 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), in the NPRM we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. 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 effect 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 does not create 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 does 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.lD which guides 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 a 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, and Waterways. Words of Issuance and Regulatory Text 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; Public Law 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T01-0372 to read as follows: § 165.T01-0372 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′38″ N, 070°35′31″ W and 42°23′56″ N, 070°37′00″. 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. *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: May 7, 2008. Gail P. Kulisch, Captain, U.S. Coast Guard, Captain of the Port, Boston. [FR Doc. 08-1267 Filed 5-12-08; 3:11 pm]
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  • 5 CFR 733
  • 5 CFR 733.107(a)
  • 5 CFR 733.103-733
  • 5 CFR 733.107(c)
  • 5 CFR 733.103
  • 5 CFR 733.104
  • 5 CFR 733.105(a)
  • 5 CFR 733.105
  • Pub. L. 104-93
  • 109 Stat. 961
  • 7 CFR 56.54(a)(2)
  • 7 CFR 70.76(a)(2)
  • 7 CFR 70.77(a)(5)
  • 7 CFR 56
  • 7 CFR 70
  • 7 USC 1621-1627
  • 8 CFR 103
  • 8 CFR 299
  • Pub. L. 107-296
  • 116 Stat. 2135
  • 8 CFR 2
  • 8 CFR 103.39
  • 6 CFR 5
  • 8 CFR 103.7(b)(1)
  • 8 CFR 103.7(a)(1)
  • 14 CFR 71
  • 14 CFR 1210
  • 14 CFR 1210.1
  • 42 USC 2473(c)(1)
  • 14 CFR 1210.6
  • Pub. L. 96-72
  • 42 USC 2473
  • 20 CFR 416
  • 156 F.3d 438
  • Pub. L. 93-66
  • 87 Stat. 154
  • 21 CFR 522
  • 21 CFR 20
  • 5 USC 801-808
  • 29 CFR 4022
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F. App'x156 F.3d 438
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Cite5 CFR 733.107(a)
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