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Code · REGISTER · 2008-06-26 · NOTICES U.S · Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, · Unknown

Unknown. Interim rule

29,539 words·~134 min read·/register/2008/06/26/08-1390

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

--- schema: federal-register doc_type: fedreg source_file: FR-2008-06-26.xml --- 73 124 Thursday, June 26, 2008 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, E8-14426 36295-36296 E8-14505 Air Force Air Force Department NOTICES Meetings: US Air Force Academy Board of Visitors Meeting, 36302 E8-14481 Animal Animal and Plant Health Inspection Service NOTICES Meetings:
National Wildlife Services Advisory Committee, 36296 E8-14498 Pest Risk Analysis for Importation of Guavas from Mexico into the United States, 36296-36297 E8-14504 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 36328-36329 E8-14485 Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36329-36330 E8-14442 E8-14443 Children Children and Families Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 36330-36331 E8-14161 Unaccompanied Alien Children Shelter Care Facilities, 36331 E8-14429 Coast Guard Coast Guard RULES Safety Zone: Washington Township Summerfest, Ottawa River, Toledo, OH, 36274-36276 E8-14349 Safety Zones: Main Street Oceanside, Fireworks Display; Oceanside, CA, 36276-36278 E8-14509 Red Bull Flugtag, Seddon Channel Turning Basin, Tampa, FL, 36278-36280 E8-14506 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Commodity Commodity Futures Trading Commission NOTICES Meetings:
Global Markets Advisory Committee, 36302 E8-14551 Defense Defense Department See Air Force Department NOTICES U.S. Court of Appeals for the Armed Forces Proposed Rules Change; Correction, 36378 Z8-13997 Delaware Delaware River Basin Commission NOTICES Meetings: Commission Meeting and Public Hearing, 36302-36304 E8-14497 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36304-36305 E8-14540 Applications for New Awards; 2009 Fiscal Year:
Statewide Longitudinal Data Systems Grant Program, 36305-36309 E8-14534 Employment Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36357-36359 E8-14464 E8-14465 E8-14524 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Small Entity Compliance Guide: Lead-Based Paint Renovation, Repair, and Painting Program, 36281-36282 E8-14507 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 36318-36319 E8-14522 Clean Water Act Section 303(d): Availability of List Decisions, 36319 E8-14516 Science Advisory Board Staff Office; Clean Air Scientific Advisory Committee (CASAC): Ozone Review Panel Request for Nominations, 36319-36321 E8-14511 Tetrachloroethylene; In Support of Summary Information on the Integrated Risk Information System: Toxicological Review, 36321-36322 E8-14521 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Class E Airspace;
Amendment: Danville, KY, 36269 E8-14167 Class E Airspace; Establishment: Canon, GA, 36269-36270 E8-14168 Sunbury, PA, 36270-36271 E8-14163 Susquehanna, PA, 36270 E8-14165 Standard Instrument Approach Procedures; Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 36271-36274 E8-14162 PROPOSED RULES Airworthiness Directives: Airbus Model A330 and A340 Airplanes, 36288-36290 E8-14480 Bombardier Model DHC 8 400 Series Airplanes, 36285-36288 E8-14482 Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and ERJ 190 Airplanes, 36290-36293 E8-14476 NOTICES Waiver of Aeronautical Land-Use Assurance: MBS International Airport, Saginaw, MI, 36371 E8-14386 FCC Federal Communications Commission RULES DTV Consumer Education Initiative, 36282-36283 E8-14538 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36322-36323 E8-14424 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 36309-36310 E8-14451 Applcation Accepted for Filing and Soliciting Motions to Intervene and Protest: Richard Moss, 36310 E8-14453 Application Ready for Environmental Analysis and Solicitation of Comments, Recommendations, Terms and Conditions, and Prescriptions: Energy Northwest, 36310-36311 E8-14452 Combined Notice of Filings, 36311-36313 E8-14508 Complaint: Canandaigua Power Partners, LLC, et al., 36313 E8-14450 Filing: PJM Interconnection, L.L.C., 36313-36314 E8-14448 Venice Gathering System, LLC, 36314 E8-14447 WestConnect, 36314-36315 E8-14449 Intent to Prepare an Environmental Assessment, etc.:
Maritimes & Northeast Pipeline L.L.C., 36315-36317 E8-14454 Rate Proceeding; Extended Comment Period: Texas Gas Transmission, LLC, 36317 E8-14446 Request Under Blanket Authorization: Transcontinental Gas Pipe Line Corp., 36317-36318 E8-14455 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, E8-14406 36323-36324 E8-14502 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 36324 E8-14501 FTC Federal Trade Commission NOTICES Granting of Request for Early Termination of the Waiting Period Under The Premerger Notification Rules, 36324-36326 E8-14309 Fish Fish and Wildlife Service NOTICES Archie Carr National Wildlife Refuge, Brevard and Indian River Counties, FL, 36347-36350 E8-14478 Comprehensive Conservation Plan:
Sullys Hill; National Game Preserve, Fort Totten, ND, 36350-36352 E8-14483 Food Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36331-36332 E8-14515 Meetings: Hematology and Pathology Devices Panel of the Medical Devices Advisory Committee, 36332-36333 E8-14495 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES Foreign-Trade Zones: Amgen Manufacturing Limited, Juncos, PR, 36298 E8-14537 Forest Forest Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 36297-36298 E8-14552 GAO Government Accountability Office RULES Rules of Procedure of the Government Accountability Office Contract Appeals Board, 36257-36267 E8-14355 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Indian Health Service See National Institutes of Health PROPOSED RULES Office of Global Health Affairs;
Regulation on the Organizational Integrity of Entities Implementing Leadership Act Programs and Activities, 36293-36294 E8-14609 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36326-36328 E8-14425 E8-14428 E8-14430 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection NOTICES Meetings: Committee Management; Federal Advisory Council, 36343-36344 E8-14525 Housing Housing and Urban Development Department NOTICES HOPE VI Main Street Grants;
Funding Availability, 36380-36400 E8-14445 Indian Indian Health Service NOTICES Competitive Continuation and New Grants Funding, 36333-36337 E8-14457 Industry Industry and Security Bureau NOTICES Emerging Technology and Research Advisory Committee, 36298-36299 E8-14494 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Trade Administration NOTICES Antidumping Duty: Hand Trucks and Certain Parts Thereof from China;
Rescission, 36300 E8-14536 International International Trade Commission NOTICES Antidumping Investigations: Polyethylene Terephthalate Film, Sheet, and Strip from Brazil, China, Thailand, and the United Arab Emirates, 36353-36354 E8-14441 Commission Decision Not to Review Initial Determination: Certain Cigarettes and Packaging Thereof, 36354 E8-14434 Consolidated Enforcement and Advisory Opinion Proceedings: Certain Laminated Floor Panels, 36355-36356 E8-14462 Investigations:
Intermediate Bulk Containers, 36356-36357 E8-14439 Justice Justice Department NOTICES Lodging of Consent Decree Under the Clean Water Act, 36357 E8-14467 Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Extension of Call for Nominations: Pinedale Anticline Working Group and Task Groups, 36352 E8-14503 Shooting, Glass Container, and Vehicle Parking Closure; La Cienega Area of Critical Environmental Concern, Santa Fe County, New Mexico, 36352-36353 E8-14527 National Highway National Highway Traffic Safety Administration NOTICES Receipt of Petition for Decision of Inconsequential Noncompliance:
Continental Tire North America, Inc., 36371-36372 E8-14416 Goodyear Tire & Rubber Company, 36372-36373 E8-14422 Receipt of Petition for Decision that Nonconforming 2004 Land Rover Range Rover Multipurpose Passenger Vehicles are Eligible for Importation, 36373-36376 E8-14420 E8-14431 NIH National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36337-36338 E8-14436 Establishment: Board of Scientific Counselors, National Institute of Biomedical Imaging and Bioengineering (Committee), 36338 E8-14461 Meetings:
National Center for Complementary & Alternative Medicine, 36338 E8-14555 National Center for Complementary and Alternative Medicine, 36338 E8-14550 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 36340 E8-14460 National Institute of Child Health and Human Development, E8-14433 36339, 36341 E8-14437 E8-14548 National Institute of Dental and Craniofacial Research, 36340 E8-14458 National Institute of Diabetes and Digestive and Kidney Disease, 36340-36341 E8-14546 National Institute of Environmental Health Sciences, 36340 E8-14459 National Institute of Mental Health Special Emphasis Panel;
Services in Non-Specialty Settings, 36338-36339 E8-14432 National Institute of Neurological Disorders and Stroke, 36341 E8-14553 Public Consultation on a Proposed Framework for Oversight of Dual Use Life Sciences Research, 36341-36343 E8-14438 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by American Fisheries Act Catcher Processors Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area, 36283-36284 08-1390 NOTICES Meetings:
Magnuson-Stevens Act Provisions; Annual Catch Limits; etc., 36300-36301 E8-14517 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Commerce Spectrum Management Advisory Committee, 36301 E8-14544 Nuclear Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36360 E8-14487 Ohio State University Research Reactor; Issuance of Renewed Facility License, 36360 E8-14486 Presidential Presidential Documents ADMINISTRATIVE ORDERS International Criminal Court;
Waiving Prohibition on Use of Economic Support Funds to Parties of the Rome Statute (Presidential Determination) No. 2008-21 of June 20, 2008, 36401-36403 08-1393 Migration and Refugee Assistance Act of 1962; Availability of Funds (Presidential Determination) No. 2008-22 of June 20, 2008, 36405 08-1394 Rural Rural Housing Service RULES Housing Preservation Grants, 36267-36269 E8-14456 SEC Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36360-36361 E8-14404 Order Granting Registration of Realpoint LLC as a Nationally Recognized Statistical Rating Organization, 36361-36362 E8-14529 Order Granting Temporary Exemption of Realpoint LLC from the Conflict of Interest Prohibition, 36362-36363 E8-14530 Self-Regulatory Organizations;
Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 36363-36365 E8-14466 International Securities Exchange, LLC, 36366-36368 E8-14499 E8-14500 Surface Surface Transportation Board PROPOSED RULES Waybill Sample, 36294 E8-13677 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36368-36370 E8-14488 Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits, E8-14490 36370 E8-14492 Aviation Proceedings, Agreements Filed the Week Ending May 30, 2008, 36370-36371 E8-14489 Transportation Transportation Security Administration NOTICES Transportation Worker Identification Credential;
Enrollment Dates for the Ports of Longview, WA and Vancouver, WA, 36344 E8-14412 Treasury Treasury Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36376 E8-14435 MISSING FOR: U.S.-China Economic and Security Review Commission U.S.-China Economic and Security Review Commission NOTICES Meetings: U.S.-China Economic and Security Review Commission, 36377 E8-14533 MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 36344-36345 E8-14513 Customs U.S. Customs and Border Protection NOTICES Final Determinations: Concerning Fiber Optic Cable with End Connectors, 36345-36347 E8-14531 Veterans Veterans Affairs Department NOTICES Renewal of Four Federal Advisory Committees, 36377 E8-14341 Separate Parts In This Issue Part II Housing and Urban Development Department, 36380-36400 E8-14445 Part III Executive Office of the President, Presidential Documents, 36401-36403, 36405 08-1393 08-1394 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. 73 124 Thursday, June 26, 2008 Rules and Regulations GOVERNMENT ACCOUNTABILITY OFFICE 4 CFR Part 22 Rules of Procedure of the Government Accountability Office Contract Appeals Board AGENCY: Government Accountability Office. ACTION:
Interim rule. SUMMARY: This document contains the rules of procedures of the Government Accountability Office
(GAO)Contract Appeals Board (Board), which will govern all proceedings before the Board. The Board was established pursuant to sec. 1501 of title I of division H of the Consolidated Appropriations Act of 2008 to hear appeals from decisions of contracting officers with respect to any contract entered into by a legislative branch agency. The following rules of procedure are promulgated pursuant to sec. 1501(d) of that act and are applicable to all appeals filed with the Board on or after October 1, 2007. The Board invites comments on this interim rule and intends to publish a final rule after considering all comments received on or before the closing date for comments. DATES: Comments must be submitted on or before August 25, 2008. ADDRESSES: Comments may be submitted by e-mail at *cab@gao.gov* or by facsimile at 202-512-9749. Due to delivery delays, submission by regular mail is discouraged. Comments may be sent by Federal Express (FedEx) or United Parcel Service
(UPS)addressed to: James A. Spangenberg, Chairman, Government Accountability Office Contract Appeals Board, 441 G Street, NW., Room 7182, Washington, DC 20548. FOR FURTHER INFORMATION CONTACT: James A. Spangenberg (Chairman), David Ashen (Vice Chairman), or Sharon L. Larkin (Member), 202-512-3342, *cab@gao.gov* . Hearing or speech impaired individuals may contact the Board via TTY by calling the toll-free Federal Information Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: Background The Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals has been established to resolve appeals of contracting officers' decisions involving contracts with executive branch agencies, pursuant to the Contracts Disputes Act of 1978 (CDA), Public Law 95-563, 41 U.S.C. 601 *et seq.* However, no such permanent board has existed to resolve similar appeals involving contracts with legislative branch agencies. Previously, the GAO provided qualified attorneys to staff various contract appeals boards that were created on an ad hoc basis to consider appeals involving contracts of the Architect of the Capitol. These ad hoc boards were created under either direct appointment by congressional committees or by agreement with the Architect of the Capitol under the Economy Act, 31 U.S.C. 1535. In addition, an ad hoc contract appeals board staffed by qualified GAO attorneys was established in 2006 to consider appeals concerning contracts of the Government Printing Office pursuant to a memorandum of understanding between these agencies under the Economy Act. As a result of the Consolidated Appropriations Act of 2008, further described below, the GAO will no longer decide contract appeals through the various ad hoc boards, but will hear and resolve all newly filed appeals involving contracts with legislative branch agencies through a permanent Board that was established pursuant to the Act. Appeals that are filed on or after October 1, 2007, will be decided by the newly established Board. Appeals that were filed before October 1, 2007, and which are pending before various ad hoc boards, are not affected by this interim rule; the rules of procedure issued by those boards will remain in effect for those appeals. Statutory Authority Section 1501 of title I of division H of the Consolidated Appropriations Act of 2008, Public Law 110-161, 121 Stat. 1844, 2249-50 (Dec. 26, 2007) (to be codified at 31 U.S.C. 720 note (2008)), established a permanent Board within the GAO to consider appeals involving contracts with legislative branch agencies. Legislative branch agencies are defined to include the Architect of the Capitol; United States Botanic Gardens; GAO; Government Printing Office; Library of Congress; Congressional Budget Office; United States Capitol Police; and any other agency, board, or commissions established in the legislative branch of Government. Six members of the Board, including a Chairman and Vice Chairman, have been competitively appointed, all of whom are GAO attorneys with at least 5 years of public contract experience. The Board shall operate as an independent function within GAO's Office of General Counsel. With certain identified exceptions, sec. 1501 of title I of division H of the Consolidated Appropriation Act of 2008 applies the CDA to appeals filed with the Board. One notable exception to the CDA, contained within sec. 1501(d), is that contractors do not have a right to directly appeal a decision of a contracting officer to the Court of Federal Claims as is authorized under the CDA. Another exception under sec. 1501(d) is that contractors are required to certify claims exceeding $50,000, instead of the $100,000 required by the CDA, as a prerequisite to filing an appeal of a contracting officer's decision. The rules of procedure for the newly established Board are promulgated pursuant to sec. 1501(d) of title I of division H of the Consolidated Appropriations Act of 2008, which requires the Comptroller General to prescribe regulations for procedures for appeals to the Board that are consistent with procedures under the CDA. This authority has been delegated to the Chairman of the Board. These rules of procedure are based on rules previously issued by the GAO to govern procedures of the various ad hoc boards, as well as those promulgated by the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals, with adaptations to achieve greater efficiency in case management and resolution. Comments Invited The GAO is not subject to the Administrative Procedures Act and, accordingly, the Board is not required by law to seek comments before issuing a final rule. However, the Board has decided to invite interested persons to participate in this rulemaking by submitting written comments regarding the proposed revisions. Application of the Administrative Procedures Act to the GAO or the Board is not to be inferred from this invitation for comments. The Board will consider all comments received on or before the closing date for comments. The Board may revise the interim rule based on comments received. List of Subjects in 4 CFR Part 22 Administrative practice and procedure, Contract Appeals Board, Government contracts. For the reasons set out in this preamble, in title 4, chapter I, subchapter B of the Code of Federal Regulations, part 22 is added to read as follows: PART 22—RULES OF PROCEDURE OF THE GOVERNMENT ACCOUNTABILITY OFFICE CONTRACT APPEALS BOARD Sec. 22.1 Applicability of Rules [Rule 1]. 22.2 Board Consideration [Rule 2]. 22.3 Appeal—How Taken [Rule 3]. 22.4 Appeal File [Rule 4]. 22.5 Pleadings [Rule 5]. 22.6 Motions, Briefs, and Other Statements [Rule 6]. 22.7 Copies and Service Thereof [Rule 7]. 22.8 General Discovery Procedures [Rule 8]. 22.9 Subpoenas [Rule 9]. 22.10 Sanctions [Rule 10]. 22.11 Depositions [Rule 11]. 22.12 Interrogatories [Rule 12]. 22.13 Requests for Admission [Rule 13]. 22.14 Production of Documents, Electronically Stored Information, Other Tangible Things, or Entry Onto Land [Rule 14]. 22.15 Conferences and Orders [Rule 15]. 22.16 Hearings [Rule 16]. 22.17 Submission on the Record Without a Hearing [Rule 17]. 22.18 Closing the Record [Rule 18]. 22.19 Findings and Decisions of the Board [Rule 19]. 22.20 Mistakes and Corrections [Rule 20]. 22.21 Motion for Reconsideration [Rule 21]. 22.22 Accelerated and Small Claims Procedures [Rule 22]. 22.23 Suspension of Proceedings [Rule 23]. 22.24 Alternative Dispute Resolution [Rule 24]. 22.25 Protective Orders and In Camera Review [Rule 25]. 22.26 Representation of the Parties [Rule 26]. 22.27 Ex Parte Communications [Rule 27]. 22.28 Time [Rule 28]. 22.29 Inspection of the Record [Rule 29]. Authority: Sec. 1501, Public Law 110-161, 121 Stat. 2249. § 22.1 Applicability of Rules [Rule 1]. The Government Accountability Office Contract Appeals Board is authorized to hear appeals from decisions of contracting officers with respect to any contract entered into by a legislative branch agency. These rules shall apply to all appeals filed with the Board on or after October 1, 2007. § 22.2 Board Consideration [Rule 2].
(a)*Offices.* The office of the Board shall be at the Government Accountability Office, 441 G Street, NW., Washington, DC 20548, or in such other place as may from time to time hereafter be assigned for its use. All files and records of the Board shall be kept at such office. All communications, pleadings, and/or documents addressed to the Board shall be addressed or delivered to the Board at the Government Accountability Office, 441 G Street, NW., Room 7182, Washington, DC 20548; Telephone: 202-512-3342; Facsimile: 202-512-9749; E-mail: *cab@gao.gov* .
(b)*Three Member Panel.* Generally, all appeals will be assigned to a panel of three members of the Board appointed by the Chairman of the Board; said panel may or may not include the Chairman of the Board as a member. Each panel will include a presiding member who is responsible for case management, including scheduling, and who may, without participation of the other panel members, rule on non-dispositive motions and resolve procedural disputes. Hearings on appeals may be held by one or more of the panel members of the Board. Appeals resolved under the Board's small claims or accelerated procedures (see § 22.22 of this part [Rule 22]) may be decided by a single member of the Board. Requests for consideration of a matter by all members of the Contract Appeals Board will not be granted in any appeal filed under these rules.
(c)*Absence or Disability of Chairman.* The activities of the Board shall be performed under the supervision of the Chairman of the Board. In the absence of, or during the disability of, the Chairman, the Vice Chairman of the Board shall act as the Chairman. § 22.3 Appeals—How Taken [Rule 3].
(a)*Form.* An appeal by the contractor shall be filed with the Board in the form of a written notice of appeal. The notice shall identify the contract by number, the name of the government agency and/or department against which the claim is asserted, the contracting officer for the subject dispute, the decision from which the appeal is taken, an estimate of the amount of money in controversy, if any, and shall be signed personally by the appellant (the contractor making the appeal) or by his representative or attorney. The complaint referred to in § 22.5(a) of this part [Rule 5(a)] may be filed with the notice of appeal or the appellant may designate the notice of appeal as a complaint if it otherwise fulfills the requirements of a complaint. The appellant shall promptly provide a copy of the appeal and complaint to the contracting officer.
(b)*Timeliness.*
(1)For claims where a contracting officer has issued a final decision, the contractor may file an appeal no later than 90 days after it receives the contracting officer's final decision.
(2)For certified claims submitted to the contracting officer in excess of $50,000 where the contracting officer has not issued a final decision within a reasonable time, taking into account such factors as the size and complexity of the claim, the contractor may file a notice of appeal citing the failure of the contracting officer to issue a decision.
(3)For claims submitted to the contracting officer in the amount of $50,000 or less where the contracting officer has not issued a final decision within 60 days of the contractor's request that a final decision be issued within that time, the contractor may file a notice of appeal citing the failure of the contracting officer to issue a decision.
(4)In lieu of a notice of appeal filed under paragraphs (b)(2) or (b)(3) of this section [Rules 3(b)(2) or 3(b)(3)], the contractor may request that the Board direct a contracting officer to issue a decision within a specified period of time, as determined by the Board, in the event of undue delay by the contracting officer in issuing a decision.
(5)An appeal filed with the Board will be deemed “filed” on the date actually received by the Board if received by 5:30 p.m. Eastern Standard Time (EST), or on the next business day if received after 5:30 p.m. EST.
(c)*Service of the Appeal; Copies.* An original plus 3 copies of the appeal shall be filed with the Board by hand delivery, express or priority mail, approved commercial carrier ( *e.g.* , UPS or FedEx), facsimile, or e-mail, although e-mail is the preferred method of delivery in all Board matters. The use of first class or parcel post mail is strongly discouraged because the delivery delays and screening process for government mail could result in untimely filed appeals. If filed by e-mail or facsimile, the appellant shall provide the original plus 3 copies to the Board by hand delivery or commercial carrier within 2 business days of the e-mailed or facsimile transmitted filing. The appellant shall furnish a copy of the appeal to the contracting officer from whose decision, or failure to issue the decision, the appeal is taken using the same method or service as for the Board, or an equal or more expeditious method of service. For service of documents once an appeal has commenced, see § 22.7(b) of this part [Rule 7(b)].
(d)*Docketing.* When the Board receives a notice of appeal from the appellant, the Board will promptly docket the appeal and provide written notice of docketing to all parties, or their counsel, with a copy of these rules.
(e)*Consolidation.* The Board, in its discretion, may consolidate cases involving common issues of law or fact. § 22.4 Appeal File [Rule 4].
(a)*Duties of the Contracting Officer.*
(1)Within 30 days after receipt of the complaint, or within such other period of time as may be established by the Board, the contracting officer shall assemble and transmit to the Board an appeal file consisting of all documents pertinent to the appeal, including:
(i)The decision from which the appeal is taken;
(ii)The contract, including relevant specifications, amendments, plans, and drawings;
(iii)All correspondence between the parties relevant to the appeal, including the letter or letters of claim in response to which the decision was issued;
(iv)All documents and other tangible things on which the contracting officer relied in making the decision, and any correspondence relating thereto;
(v)Transcripts of any testimony taken during the course of proceedings, and affidavits or statements of any witnesses on the matter in dispute made prior to the filing of the notice of appeal with the Board; and
(vi)Any additional information or evidence considered relevant to the appeal.
(2)Within the same time specified above, the contracting officer shall furnish the appellant a copy of each document he or she transmits to the Board, except those in paragraph (a)(1)(ii) of this section [Rule 4(a)(1)(ii)]. As to the latter, a list furnished to the appellant indicating specific contractual documents transmitted will suffice. Documents filed under this rule, and any supplements, shall be organized and filed in accordance with paragraph
(d)of this section [Rule 4(d)].
(b)*Duties of the Appellant.* Within 30 days after receipt of a copy of the appeal file provided pursuant to paragraph
(a)of this section [Rule 4(a)], or within such other period of time as may be established by the Board, the appellant shall transmit to the Board for inclusion in the appeal file any documents not contained therein which the appellant considers to be relevant to the appeal. Within the same period of time, the appellant shall furnish a copy of such documents to the contracting officer or counsel for the government. Documents filed under this rule shall be organized and filed in accordance with paragraph
(d)of this section [Rule 4(d)].
(c)*Continuing Duty to Supplement the Record.* All parties have a continuing duty to supplement the record with relevant documents and tangible things, and the appeal file may be supplemented by any party at any time before the closing of the record. In cases where a hearing is requested, these supplements shall be provided well in advance of the pre-hearing conference so that objections to admissibility may be heard and resolved, to the maximum extent possible, in advance of the hearing. All supplements to the appeal file shall be organized and filed in accordance with paragraph
(d)of this section [Rule 4(d)].
(d)*Organization of Appeal File.* Only relevant documents and tangible things should be provided as part of the appeal file. Appeal file documents may be originals or true, legible, and complete copies or facsimiles. The appeal file shall be arranged in chronological order with the earliest documents first; bound in a 3-ring binder (or binders) or similar loose-leaf binder(s) no larger than 4 inches in width, except where size or shape makes such binding impracticable; numbered; tabbed; and indexed. Numbering of pages shall be consecutive and continuous from one page to the next ( *i.e.* , “Bates” numbered), so that the complete file, including any supplements, will consist of one set of consecutively numbered pages. Preceding each Bates number shall be a designation “A” for appellant or “R” for respondent, indicating which party provided the document. Multiple binders shall be consecutively numbered and include references on the outside cover and binding that state the range of tab numbers and Bates numbers contained therein. Within each binder, tabs shall separate each document; multiple documents shall not be placed behind a single tab, unless each document is separated by a divider. The appeal file shall include an index identifying each document included in the appeal file by date, brief description of the document, and the tab and Bates numbers where the document can be located in the appeal file. The Board may, in its discretion or upon request of a party, order an alternative organization of the appeal file. If an alternative organization of the appeal file is permitted, such as by document type or topic, documents within that grouping must be presented in chronological order to the extent possible. The Board may impose special requirements on the production of electronic documents and, if any portion of the § 22.4 [Rule 4] file or supplement contains electronic documents, the party submitting such documents shall contact the Board before submission for guidance.
(e)*Submissions on Order of the Board.* The Board may, at any time during the pendency of the appeal, require any party to file documents or tangible things as additional exhibits. The Board may also require a party to file printed versions of electronic records or, conversely, may require electronic versions of printed documents.
(f)*Status of Documents in the Record.* Documents contained in the appeal file are considered, without further action by the parties, as part of the record upon which the Board will render its decision. However, a party may object to consideration of a particular document or documents by filing a written objection. Such objections shall be raised by motion pursuant to § 22.6 of this part [Rule 6] and shall be filed as early as necessary to allow the Board, to the maximum extent possible, to resolve the objection in advance of a scheduled hearing, or before the record is closed if no hearing is held. § 22.5 Pleadings [Rule 5].
(a)*Complaint.* Within 15 days after receipt of the docketing notice from the Board, or within such other period of time as may be established by the Board, the appellant will file with the Board, if not previously filed with the notice of appeal, a complaint setting forth simple, concise, and direct statements of each of its claims showing that it is entitled to relief; identifying the contract provision or provisions under which relief is claimed; and stating the amount in controversy or an estimate thereof, if known, and/or the relief requested. The complaint shall be limited to those requests for relief which have been presented to the contracting officer and were either denied or not ruled upon by the contracting officer in accordance with § 22.3 of this part [Rule 3]. No technical form is required, but each claim should be separately identified. In the event that the complaint is not filed within the time stated above, the appeal may be dismissed by the Board for lack of prosecution.
(b)*Answer.* Within 30 days after receipt of the complaint, or within such other period of time as may be established by the Board, the contracting officer or counsel for the government shall prepare and file with the Board an answer thereto. The answer shall set forth simple, concise, and direct statements of the government's defenses to each claim asserted by the appellant. Each defense shall be stated with as much particularity as is practicable. Defenses which go to the Board's jurisdiction may be included in the answer, or may be raised by motion pursuant to the provisions of § 22.6 of this part [Rule 6]. Motions in lieu of an answer may be filed only with the advance permission of the Board.
(c)*Small Claims and Accelerated Procedures.* When an appellant elects to use the small claims or accelerated procedures described in § 22.22 of this part [Rule 22], the Board may shorten the time for filing the complaint and answer.
(d)*Amendment of Pleadings.* At any time before a hearing on the merits, or before the closing of the record when a hearing is not held, the Board in its discretion may permit a party to amend its complaint or answer concerning matters that are within the proper scope of the appeal, upon conditions that are just to both parties. The Board, upon its own initiative or upon application by a party, may in its discretion order a party to make a more definite statement of its complaint or answer, or to reply to an answer. When issues within the proper scope of the appeal, but not raised by the complaint and answer, are determined by express or implied consent of the parties as having been raised, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the complaint and answer as may be necessary to cause them to conform to the evidence may be made upon motion at any time, but failure to so amend does not affect the result of the hearing of these issues. If evidence is objected to at the hearing on the ground that it is not within the issues raised by the complaint and answer, the Board may allow the pleadings to be amended within the proper scope of the appeal and shall do so freely when the presentation of the merits of the action will be served thereby and the objecting party fails to satisfy the Board that the admission of such evidence would prejudice it in maintaining its appeal or defense on the merits. The Board may, however, grant a continuance to enable the objecting party to respond to such evidence. § 22.6 Motions, Briefs, and Other Statements [Rule 6].
(a)*Motions, Generally.* Motions shall be made in writing, indicate the relief sought and include the grounds therefor, and be filed with the Board as soon as practicable after the grounds therefor are known and as early as necessary to allow the Board to rule on the motion in advance of a scheduled hearing. Except for motions submitted under paragraph
(d)of this section [Rule 6(d)], any party may respond to a motion by submitting a written response to the motion within 10 days of receipt of the motion, and the moving party may reply to the response within 5 days of receipt of the response, except that the Board, in its discretion, may shorten or lengthen the time for the response and reply based on the nature of the motion, the nature and timing of the case, and the scheduling needs of the Board. The Board may request additional submissions from the parties and may decide motions on the written submissions without oral argument. The Board shall decide all motions before the hearing on the merits unless the Board determines that a ruling be deferred pending a hearing on both the merits and the motion. Jurisdictional and procedural defenses may be raised at any time by motion, but should be raised as soon as the grounds therefor are known; and the Board, at any time and on its own initiative, may raise an issue of jurisdiction and may decline to proceed with an appeal in which it lacks authority to decide the issues. All motions, responses, replies, and additional submissions required by the Board shall be filed in accordance with paragraphs
(b)and
(c)of this section [Rules 6(b) and 6(c)].
(b)*Briefs and Citations.* In addition to submissions required by these rules, the Board may require the parties to file legal or factual briefs concerning any matter that may aid in the disposition of the appeal. When such briefs or submissions are required (by rule or by the Board), the brief or submission shall contain citations to the record and legal authority as appropriate, and follow such other format as may be directed by the Board. Citations to the record must be specific ( *i.e.* , to Bates number or other similar designation) so that the Board can locate the exact proposition or matter to which the party is referring. The parties should not expect the Board to search the record for evidence in support of either party's position. Briefs and submissions that are not submitted in the required format, or which do not contain adequate citations to the record or legal authority, may be rejected by the Board or returned to the party with an order that the party resubmit the brief or submission with appropriate revisions.
(c)*Declarations, Affidavits, or Other Statements.* Any declaration, affidavit, or other statement that is submitted to explain the record must, to the maximum extent possible, include citations to the record in support of the statement, argument, or analysis made. Citations to the record must be specific ( *i.e.* , to Bates number or similar designation). Declarations, affidavits, or other statements containing inadequate citations may be returned to the party with an order that the party resubmit the statement with appropriate revisions.
(d)*Motions for Summary Judgment* —(1) *Generally.* Motions for summary judgment or partial summary judgment shall be filed only when a party believes, based on uncontested material facts, that it is entitled to relief, in whole or in part, as a matter of law. Such motions shall be filed as soon as practicable to allow the Board to rule on the motion in advance of a scheduled hearing. In considering a motion, or partial motion, for summary judgment, the Board will consider the pleadings, depositions, answers to interrogatories, admissions of record, and affidavits provided, and will grant such motion if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. In deciding motions for summary judgment, the Board will look to Rule 56 of the Federal Rules of Civil Procedure for guidance.
(2)*Requirements.* Where both parties agree that disposition by summary judgment or partial summary judgment is appropriate, they shall file a stipulation of all material facts necessary for the Board to rule on the motion. Otherwise, the moving party shall file with its motion a “Statement of Undisputed Material Facts” setting forth the claimed undisputed material facts in separately numbered paragraphs, each of which shall be supported by citations to the § 22.4 [Rule 4] file or other evidence establishing the facts. The non-moving party shall file a “Statement of Genuine Issues of Material Facts,” responding to each numbered paragraph, demonstrating the existence of genuine issues of material facts where appropriate, and including for each fact citations to the § 22.4 [Rule 4] file or other evidence in support. A fact properly proposed by one party may be accepted by the Board as undisputed unless the opposing party properly responds and establishes that the fact is in dispute. An opposing party may not rely on mere allegations or denials in its pleadings to demonstrate the existence of a genuine issue of material fact. Either party may rely on affidavits, depositions, answers to interrogatories, or admissions of record to establish the existence of, or to dispute, a material fact. The moving party and non-moving party each shall submit a memorandum of law supporting or opposing summary judgment, and the moving party may file a reply to the non-moving party's opposition of the motion.
(3)*Time.* Generally, the non-moving party shall file its opposition to a motion for summary judgment or partial summary judgment within 20 days of receipt of the motion, and the moving party's reply is due within 10 days of receipt of the opposition, except that the Board, in its discretion, may shorten or lengthen the time for opposition and reply based on the nature of the motion, the nature and timing of the case, and the scheduling needs of the Board.
(4)*Citations.* All motions for summary judgment, oppositions to such motions, briefs, and statements in support of the motions or opposition to the motions shall be filed in conformance with paragraphs
(b)and
(c)of this section [Rules 6(b) and 6(c)]. § 22.7 Copies and Service Thereof [Rule 7].
(a)*Rule 4 File.* For documents provided pursuant to § 22.4 of this part [Rule 4], the original and one copy shall be provided to the Board, and one copy shall be provided to each party. Documents shall be provided by hand delivery, express or priority mail, or approved commercial carrier ( *e.g.* , UPS or FedEx); first class and parcel post mail are not permitted unless authorized by the Board.
(b)*Other Submissions Filed with the Board.* Except as otherwise authorized by the Board, all correspondence and submissions, other than documents provided pursuant to § 22.4 of this part [Rule 4] and appeals filed under § 22.3(c) of this part [Rule 3(c)], shall be provided to the Board by e-mail at *cab@gao.gov* , with a courtesy copy of the submission provided by e-mail to each of the members of the Board. All e-mails to *cab@gao.gov* must identify the case name and docket number in the subject line of the e-mail. In addition, unless the Board directs otherwise, the original plus 3 copies of the e-mailed submission also shall be provided to the Board by hand delivery, express or priority mail, or approved commercial carrier ( *e.g.* , UPS or FedEx) within 2 business days of the e-mailed filing (except that the original and one copy are required for appeals involving small claims or using accelerated procedures). Delivery to the Board by first class or parcel post mail is not permitted. However, the Board may at any time modify the number of copies required or authorize alternative methods of delivery to the Board.
(c)*Service on Parties.* All correspondence and submissions to the Board must be provided to all other parties using the same method of service as used for the Board, or an equal or more expeditious method of service. Except for documents provided pursuant to § 22.4 of this part [Rule 4], e-mail service is preferred. However, where the parties agree to other methods of service, such other methods of service to parties are permitted.
(d)*Proof of Service.* A party sending a document to the Board must represent to the Board that a copy has been sent to the other parties, identify the date on which service was made, and identify the method of delivery used. This may be done by certificate of service, by notation of a photostatic copy (cc:), or by any other means that can reasonably be expected to show the Board that the other party has been provided a copy, the date on which the copy was provided, and the method of delivery used to provide the copy. Proof of service must be provided to the Board at the time of filing. If proof of service is not provided, the Board may decline to consider the document in the appeal. § 22.8 General Discovery Procedures [Rule 8].
(a)*General Policy and Methods of Discovery.* The parties are encouraged to engage in voluntary discovery procedures and may obtain discovery by one or more of the following methods: Depositions; written interrogatories; requests for admissions; and requests for production of documents, electronically stored information, other tangible things, or entry onto land.
(b)*Scope of Discovery.* Except as otherwise limited by order of the Board, the parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involving the pending appeal, whether it relates to a claim or defense of a party, including the existence, description, nature, custody, condition, and location of any books, documents, electronically stored information, or other tangible things, and the identity and location of persons having knowledge of any discoverable matter. It is not a ground for objection that the information sought will be inadmissible if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.
(c)*Discovery Plan, Conferences, and Orders.* Within 30 days of the initial filing of documents in accordance with § 22.4(a) of this part [Rule 4(a)], the parties shall confer and file with the Board a proposed discovery plan, which shall include estimated time frames and proposed dates for completing discovery and when the parties anticipate that a hearing can be scheduled. Upon request of a party or on its own initiative, the Board may at any time hold an informal meeting or telephone conference with the parties to identify outstanding issues relating to discovery; establish a plan and schedule for discovery; set limitations on discovery; compel compliance with discovery; and issue such orders or determine such other matters as are necessary for the proper management of discovery, including imposing sanctions on the parties as may be appropriate.
(d)*Discovery Limits.* On motion or on its own initiative, the Board may make any order necessary to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. Such order may impose limitations on the scope, method, time and place for discovery, and include provisions for protecting the secrecy of confidential information or documents.
(e)*Discovery Objections.* Unless otherwise ordered by the Board, any objection to a discovery request must be filed with the Board within 15 days of receipt of the request. Objections must be filed in writing and state with specificity the grounds therefor. Upon receipt, the Board will establish a schedule for resolving the objections, which may include additional briefing by the parties or oral argument, and will determine the extent to which discovery will be permitted. A party shall fully respond to any discovery request to which it does not file a timely objection, in accordance with paragraph
(f)of this section [Rule 8(f)]. The parties are required to make a good faith effort to resolve objections to discovery requests informally prior to seeking relief from the Board.
(f)*Discovery Responses.* Unless otherwise ordered by the Board, a party is required to respond to written interrogatories, requests for admission, and requests for production of documents, electronically stored information, other tangible things, or entry onto land within 30 days of receipt.
(g)*Duty to Supplement Discovery Responses.* A party that has responded to written interrogatories, requests for admission, or requests for production of documents, electronically stored information, or other tangible things, upon becoming aware of deficiencies or inaccuracies in its original responses, or upon acquiring additional information or documents relevant thereto, shall, as quickly as practicable, and as often as necessary, supplement its responses to the requesting party with correct and sufficient additional information and such additional documents as are necessary to give a complete and accurate response to the request.
(h)*Voluntary Cooperation.* Each party is expected to cooperate by making available witnesses and evidence under its control when requested by another party, and to secure the voluntary attendance of third-party witnesses and production of evidence by third parties, when practicable.
(i)*Motions to Compel Discovery.* If a party refuses to comply with a discovery request, or a party's response to a discovery request is incomplete or entirely absent, any other party may file a motion to compel a response. However, such motion must include a representation that the moving party has tried in good faith, prior to filing the motion, to resolve the matter informally. The motion to compel shall include a copy of each discovery request at issue and the response, if any.
(j)*Sanctions.* If, after being properly served with such discovery request, a party fails to appear for deposition, respond to interrogatories or requests for admissions, or respond to a request for production of documents, electronically stored information, other tangible things, or entry onto land, the party seeking discovery may move the Board to impose sanctions under § 22.10 of this part [Rule 10]. § 22.9 Subpoenas [Rule 9].
(a)*Issuance.* Upon the written request of any party, or on the initiative of the Board, a subpoena may be issued that commands the person to whom it is directed to attend and give testimony at a deposition or hearing, and/or produce documents or electronically stored information (including writings, papers, books, accounts, photographs, drawings, graphs, charts, recordings, and other data or data compilations) or other tangible things designated in the subpoena, or to permit entry onto designated premises for inspection or other purposes. Requests for subpoenas shall identify the Board and state the name and docket number of the appeal; identify the name of the person to whom the subpoena is directed; command the person to whom the subpoena is directed to, at a specific place and time, appear and testify, or produce designated documents, electronically stored information, or other tangible things, or permit the inspection of designated premises; and state the scope and relevance of the requested testimony or evidence to the appeal. All requests for subpoenas shall be filed at least 15 days before the testimony or evidence is to be provided, except that the Board may, in its discretion, honor requests for subpoenas not made within this time limitation.
(b)*Service.* The party requesting the subpoena shall cause the subpoena to be served upon the person named in the subpoena as soon as practicable after the subpoena has been issued and shall provide proof of service to the Board. Service shall be made by any person who is not a party and not less than 18 years of age by personal delivery to the person named in the subpoena, and shall include tender of the fees for one day attendance and the mileage allowed by 28 U.S.C. 1821 or other applicable law; however, where the subpoena is issued on behalf of the government, money payments need not be tendered in advance of attendance.
(c)*Motions to Quash.* Upon written motion of the person named in the subpoena or a party, the Board may quash or modify the subpoena if it is unreasonable and oppressive or for other good cause shown, or the Board may require the party in whose behalf the subpoena was issued to advance the reasonable costs of producing subpoenaed evidence. Motions to quash or modify a subpoena must be filed within 10 days of service of the subpoena or by the date and time specified in the subpoena for compliance, whichever is earlier.
(d)*Contumacy.* In the case of contumacy or refusal to obey a subpoena by a person who resides, is found, or transacts business within the jurisdiction of a United States district court, the Board may apply to the court through the Attorney General of the United States for an order requiring the person to appear before the Board to give testimony, produce evidence, or both. § 22.10 Sanctions [Rule 10].
(a)*Standards.* All parties and their representatives, attorneys, and any experts/consultants retained by them or their attorneys, must obey directions and orders prescribed by the Board and adhere to standards of conduct applicable to such parties and persons. As to an attorney, the standards include the rules of professional conduct and ethics of the jurisdictions in which an attorney is licensed to practice, to the extent that those rules are relevant to conduct affecting the integrity of the Board, its process, and its proceedings. The Board will also look to professional guidelines in evaluating an individual's conduct.
(b)*Imposition of Sanctions.*
(1)When a party or its representative or attorney or any expert/consultant fails to comply with any direction or order issued by the Board (including an order to provide or permit discovery), or engages in misconduct affecting the Board, its process, or its proceedings, the Board may make such orders as are just, including the imposition of appropriate sanctions. The sanctions may include:
(i)Taking the facts pertaining to the matter in dispute to be established for the purpose of the appeal in accordance with the contention of the party submitting the discovery request;
(ii)Forbidding challenge of the accuracy of any evidence;
(iii)Refusing to allow the noncompliant party to support or pose designated claims or defenses;
(iv)Prohibiting the noncompliant party from introducing in evidence designated documents or items of testimony;
(v)Striking pleadings or parts thereof, or staying further proceedings until the order is obeyed;
(vi)Dismissing the appeal or any part thereof; and/or
(vii)Imposing such other sanctions as the Board deems appropriate.
(2)Prior to imposing sanctions, the Board will provide the noncompliant party with notice and an opportunity to be heard on the issue of whether sanctions should be imposed. The opportunity to be heard does not mean that the party is entitled to a hearing; the opportunity to provide written argument shall satisfy this requirement.
(c)*Disciplinary Proceedings.* In addition to the above procedures, the Board may discipline individual party representatives, attorneys, and experts/consultants for a violation of any Board order or direction or standard of conduct applicable to such individual where the violation affects the integrity of the Board's process or proceedings. Sanctions may be public or private and may include admonishment, disqualification from a particular matter, referral to an appropriate licensing authority, or such other action as circumstances may warrant. The Board, in its discretion, may suspend an individual from appearing before the Board as a party representative, attorney, or expert/consultant if, after affording such individual notice and an opportunity to be heard, a majority of all members of the Contact Appeals Board determines that such sanction is warranted. § 22.11 Depositions [Rule 11].
(a)*When Depositions May Be Taken.* After an appeal has been docketed by the Board and a complaint has been filed, either party may take the testimony of any person by deposition upon oral examination or written questions, for the purpose of discovery or for use as evidence in the appeal proceedings, or for both purposes.
(b)*Time, Place, and Manner of Taking.* The time, place, and manner of taking depositions shall be as mutually agreed to by the parties or, failing such agreement, be governed by order of the Board.
(c)*Limits.* The number of depositions taken shall not be limited except as the Board may require to protect a party from annoyance, burden, or harassment.
(d)*Use as Evidence.* No testimony taken by deposition shall be considered as part of the evidence in the hearing of an appeal unless and until such testimony is offered and received in evidence at the hearing. Depositions ordinarily will not be received in evidence if the deponent is present and can testify personally at the hearing; however, depositions may be used to contradict or impeach the testimony of a deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require the offering party to introduce any other part which in fairness ought to be considered with the part introduced. In any case, the Board, upon the agreement of the parties, may permit the introduction of relevant portions of depositions as designated by the parties. If no hearing has been conducted and the appeal has been submitted on the record pursuant to § 22.17 of this part [Rule 17], the Board, in its discretion, may receive depositions in evidence to supplement the record. § 22.12 Interrogatories [Rule 12].
(a)*When Interrogatories May Be Served.* After an appeal has been docketed by the Board and a complaint has been filed, a party may serve on an adverse party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer or agent who shall furnish such information as is available to the party.
(b)*Answers.* The interrogatories shall be answered separately and fully in writing, signed under oath by the person answering them, and served on the party submitting the interrogatories. Objections to the interrogatories shall be signed by counsel for the party responding to the interrogatories. An interrogatory is not necessarily objectionable merely because an answer to the interrogatory may involve an opinion or contention that relates to fact or the application of law to fact; however, the Board may order that such interrogatory need not be answered until after discovery has been completed or some other event has occurred.
(c)*Scope and Use as Evidence.* Interrogatories may relate to any matters which can be inquired into under § 22.11 of this part [Rule 11] (Depositions), and the answers may be used to the same extent as provided for the use of the deposition of a party.
(d)*Limits.* The number of interrogatories or sets of interrogatories to be served shall not be limited except as the Board may require to protect a party from annoyance, burden, or harassment.
(e)*Option to Produce Business Records.* Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon which the interrogatory has been served, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the record(s) from which the answer may be derived or ascertained and to afford the party serving the interrogatory a reasonable opportunity to examine, audit, or inspect such records and to make copies thereof. Such specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the record(s) from which the answer may be ascertained. § 22.13 Requests for Admission [Rule 13].
(a)*When Requests for Admission May Be Served.*
(1)After an appeal has been docketed by the Board and a complaint has been filed, a party may serve on the opposing party a written request for the admission by the latter of the genuineness of any relevant documents described in and exhibited with the request, or of the truth of any relevant matters of fact set forth in the request. Each of the matters for which an admission is requested shall be deemed admitted unless, within the period designated in § 22.8(c) and § 22.8(f) of this part [Rules 8(e) and 8(f)] for responding to discovery requests, the party to whom the request is directed serves upon the party requesting the admission either:
(A)A sworn statement denying specifically the matters for which an admission is requested or setting forth in detail the reasons why he or she cannot truthfully admit or deny those matters, or
(B)Written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part.
(2)If written objections to a part of the request are made, the remainder of the request shall be answered within the period designated in Rule 8(f). A denial shall fairly meet the substance of the requested admission and, when good faith requires that a party deny only a part of a matter for which an admission is requested, he or she shall specify so much of it as is true and deny only the remainder.
(b)*Limits.* The number of requests for admissions served shall not be limited except as the Board may require to protect a party from annoyance, burden, or harassment.
(c)*Use as Evidence.* Any matter admitted is conclusively established for the purpose of the pending action, unless the Board, on motion, permits withdrawal or amendment of the admission. § 22.14 Production of Documents, Electronically Stored Information, Other Tangible Things, or Entry Onto Land [Rule 14].
(a)*When Documents, Electronically Stored Information, Other Tangible Things, or Entry Onto Land May Be Requested.* After an appeal has been docketed by the Board and a complaint has been filed, any party may serve on any other party a request—
(1)To produce and permit the inspection, copying, or photographing of any designated documents or electronically stored information (including writings, papers, books, accounts, photographs, drawings, graphs, charts, recordings, and other data or data compilations), or other tangible things, not privileged, which are in his, her, or its possession, custody, or control and which are within the scope of discovery as described in § 22.8(b) of this part [Rule 8(b)]; or
(2)To permit entry onto designated land or other property in his or its possession or control for the purpose of inspecting, measuring, surveying, filming, or photographing the property or any designated object or operation thereon which is within the scope of discovery as described in § 22.8(b) of this part [Rule 8(b)].
(b)*Time, Place, and Manner.* The request shall specify the time, place, and manner of making the inspection and taking the copies and photographs. The Board may make an order that the inspection, copying, measuring, surveying, filming, or photographing shall be limited to certain matters; or the Board may make any other order which, in its discretion, it deems appropriate to protect the party from annoyance, burden, or harassment. § 22.15 Conferences and Orders [Rule 15].
(a)*Status Conferences and Reports.* At any time during the appeal, the Board, upon its own initiative or upon the request of one of the parties, may call upon the parties or their attorneys or representatives to appear before the Board (or one or more members thereof) for a status conference to consider or report on whatever matters are necessary to aid in the disposition of the appeal. Such matters may include, for example, the simplification or clarification of issues, the necessity or desirability of amendments to the pleadings, agreements and rulings to facilitate discovery, progress reports during discovery, and pre-hearing procedures and scheduling. Status conferences may be conducted in person or by telephone, and the Board generally will make an order which recites the action taken at the conference(s). From time to time, the Board also may require one or more of the parties, either jointly or individually, to provide status reports concerning any matter that aids in the disposition of the appeal.
(b)*Rulings, Orders, and Directions* . The Board may make such rulings and issue such orders and directions as are necessary to secure the informal, expeditious, and inexpensive resolution of every case before the Board. Any ruling, order, or direction that the Board may make or issue pursuant to the rules of this Board may be made on the motion of any party or on the initiative of the Board. The Board may also amend, alter, or vacate a ruling, order, or direction upon such terms as it deems appropriate. In making rulings and issuing orders and directions, the Board will take into consideration those Federal Rules of Civil Procedure and Federal Rules of Evidence which address matters not specifically covered herein. § 22.16 Hearings [Rule 16].
(a)*Election of Hearing or Record Submission* . Each party shall inform the Board, in writing, whether it elects a hearing or submission of the case on the record pursuant to § 22.17 of this part [Rule 17]. Such election shall occur no later than 15 days after the conclusion of discovery, unless the Board directs otherwise. In the event that only one party waives a hearing and submits its case on the record, the Board may proceed with a hearing attended by the remaining parties.
(b)*Pre-Hearing Schedule* .
(1)Within 30 days of the conclusion of discovery, the parties shall meet and confer and provide the Board with a joint proposed schedule for pre-hearing and hearing disclosures, submissions, and key events. In the absence of agreement, each party shall submit its own proposed schedule. The schedule shall address, at a minimum, deadlines for submitting the following:
(i)Dispositive motions, motions for summary judgment, and motions in limine, which allow sufficient time for the Board to resolve the motions before the hearing;
(ii)Pre-hearing briefs or statements of the case;
(iii)The identification of lay and expert witnesses for hearing, the general substance of testimony to be offered by each witness, and any depositions that will be used in lieu of witness testimony;
(iv)The exchange of expert reports and statements (if not done during discovery);
(v)Proposed stipulations of fact;
(vi)The exchange of hearing exhibit books;
(vii)The production of any additional documents to be used at the hearing that are not already part of the § 22.4 [Rule 4] file;
(viii)Objections to proposed evidence or § 22.4 [Rule 4] file submissions;
(ix)Date for conducting a pre-hearing conference;
(x)Dates and duration of the hearing; and
(xi)Any other matter necessary for resolution before the hearing.
(2)As soon as practicable after receipt of the parties' proposed schedule(s), the Board will issue an order establishing a schedule for pre-hearing submissions and events, taking into account the parties' proposed schedule, the nature of the case, and the scheduling needs of the Board.
(c)*Pre-Hearing Conference* . Prior to the hearing, the Board will conduct a pre-hearing conference to discuss such matters as may be necessary to conduct an orderly and efficient hearing. Objections to evidence may be resolved during the pre-hearing conference or at such other time as established by the Board.
(d)*Pre-Hearing Briefs* . At least 20 days before a scheduled hearing, each party shall file, in accordance with § 22.6(b) of this part [Rule 6(b)], a pre-hearing statement of the case, which shall include the party's legal and factual analysis of the relevant issues, and how the party intends to prove its case.
(e)*Location of Hearing* . Hearings will be held at 441 G Street, NW., Washington, DC 20548, unless otherwise ordered by the Board. The Board will consider a request for a hearing at another location if compelling reasons are timely presented.
(f)*Notice of Hearing* . The parties, or their counsel, will be given at least 15 days notice of the time and place of a hearing on the merits, provided that the parties may, with the approval of the Board, waive notice and fix a mutually satisfactory time for the hearing. Continuances will not be granted except upon written request and for good cause.
(g)*Nature of Hearing* . Hearings may be held by one or more of the panel members of the Board and shall be as informal as may be reasonable and appropriate under the circumstances. Each party may offer the testimony of witnesses, who shall be subject to cross-examination by the opposing party, and such relevant and material evidence as they deem appropriate and as would be admissible under paragraph
(h)of this section [Rule 16(h)], subject, however, to the sound discretion of the presiding Board member in supervising the extent and manner of presentation of such evidence. Stipulations of fact agreed upon by the parties must be in writing, must be filed with the Board, and may be used as evidence at the hearing. The parties may also stipulate to the testimony that would be given by a witness if the witness were present. The Board may at any time during the hearing require evidence or argument in addition to that put forth by the parties.
(h)*Admissibility and Weight of Evidence* . In general, any relevant and material evidence that would be admissible under the Federal Rules of Evidence will be admitted to the record. However, evidence which may not be admissible under the Federal Rules of Evidence, including hearsay, may be admitted at the discretion of the presiding Board member. The Board may also exclude evidence to avoid unfair prejudice, confusion of the issues, undue delay, waste of time, or needless presentation of cumulative evidence. The weight to be attached to evidence and credibility to be accorded witnesses will be determined by the Board, in its discretion.
(i)*Examination of Witnesses* . Witnesses before the Board will be examined orally under oath or affirmation, unless the facts are stipulated or the Board shall otherwise order. If the testimony of a witness is not given under oath, the Board may warn the witness that his or her statements may be subject to the provisions of title 18, United States Code, secs. 287 and 1001, and any other provisions of law imposing penalties for knowingly making false representations in connection with claims against the United States or in any matter within the jurisdiction of any department or agency thereof.
(j)*Availability of Witnesses, Documents, and Other Tangible Things* . It is the responsibility of a party desiring to call any witness, or to use any document or other tangible thing as an exhibit in the course of a hearing, to ensure that whoever it wishes to call and whatever it wishes to use is available at the hearing. In the event that a witness does not appear or refuses to answer a question, or evidence requested by the Board is not produced, the Board may draw an adverse inference of the fact in question against the party responsible for providing the witness or evidence.
(k)*Issues Not Raised by the Pleadings* . If evidence is objected to at a hearing on the ground that it is not within the issues raised by the pleadings, it may nevertheless be admitted by the Board, in its discretion, if it is within the proper scope of the appeal. If such evidence is admitted, the pleadings may be amended to conform to the evidence. The Board may also grant the objecting party a continuance to enable it to respond to the evidence.
(l)*Delay by the Parties* . If the Board determines that the hearing is being unreasonably delayed by the failure of a party to produce evidence, or by the undue prolongation of the presentation of evidence, it may, by written order or by ruling from the bench, prescribe a time or times within which the presentation of evidence must be concluded, establish time limits on the direct or cross-examination of witnesses, and enforce such order or ruling by appropriate sanctions.
(m)*Exhibits* . Unless otherwise directed by the Board, each party shall prepare (jointly or individually) hearing exhibit books for use during the hearing, and shall provide such books to the Board and opposing counsel at least 3 days before the hearing commences. The books shall consist of documents (or relevant excerpts from documents) placed in a 3-ring binder or similar loose-leaf binder bound on the left margin, separated by numbered tabs, with an index of the documents in the front of each binder. The index shall identify the document by name and, where applicable, the § 22.4 [Rule 4] file citation (tab and Bates numbers). Each document page included in the exhibit books must be marked with the corresponding Bates number or applicable numerical markings used in the § 22.4 [Rule 4] file. Documents not contained within the hearing books shall be marked by the Board during the hearing. Documents contained in the hearing book that are not admitted into evidence during the hearing will not become part of the record unless already part of the § 22.4 [Rule 4] file, or unless their inclusion in the record is requested by the presenting party and permitted by the Board.
(n)*Copies* . Copies of documents may be offered and received into evidence as exhibits, provided that they are of equal legibility and quality as the originals, and such copies shall have the same force and effect as if they were the originals. If the Board so directs, the party offering a copy of a document as an exhibit shall have the original available at the hearing for examination by the Board and any other party. When the original of a document has been received in evidence, an accurate copy thereof may be substituted in evidence for the original by leave of the Board at any time.
(o)*Absence of Parties or Counsel* . The unexcused absence of a party or his authorized representative at the time and place set for the hearing will not be occasion for delay. In such event, the hearing will proceed and the case will be regarded as submitted by the absent party unless he or she appears before the conclusion of the hearing and offers additional evidence.
(p)*Transcripts* . Unless the Board orders otherwise, all hearings will be stenographically or electronically recorded and transcribed. Other conferences and proceedings may be recorded or transcribed by order of the Board. Generally, the Board will arrange for the stenographer to record and transcribe the proceeding. Each party is responsible for purchasing its own copy of the transcript(s) or recording(s). Waiver of recordation and transcription may be especially suitable for appeals resolved under the small claims procedure prescribed in § 22.22(c) of this part [Rule 22(c)].
(q)*Post-Hearing Briefs* . The Board may require the submission of post-hearing briefs. In such case, briefs shall be filed within 30 days after receipt of the transcript of the hearing, and reply briefs shall be filed within 15 days after receipt of the initial post-hearing briefs, unless such other time period has been established by the Board. Post-hearing briefs shall be filed in accordance with the requirements of § 22.6(b) of this part [Rule 6(b)].
(r)*Post-Hearing Evidence* . No evidence shall be submitted by any party after the hearing has concluded, including but not limited to post-hearing declarations, unless authorized by the Board in its discretion. § 22.17 Submission on the Record Without a Hearing [Rule 17].
(a)*General Requirements* . Pursuant to § 22.16(a) of this part [Rule 16(a)], either party may elect to submit its case on the record without a hearing. Submission of a case without a hearing does not relieve the parties from the necessity of proving the facts supporting their claims or defenses.
(b)*Conference in Lieu of Hearing* . If neither side desires a hearing, either party may request that a conference be held in lieu of a hearing with one or more members of the panel designated to decide the appeal, and such request may be granted at the discretion of the Board. The purpose of the conference is not to introduce new matters or evidence, but to permit explanations and argument of matters of record. If any new matter is introduced at the conference by either party, consideration of the appeal will be deferred until the opposing party has been apprised thereof and has had an opportunity to reply. Both parties will be afforded the right to be present at any such conference. At the request of a party, or on the Board's initiative, the conference may be stenographically or electronically recorded and transcribed pursuant to § 22.16(p) of this part [Rule 16(p)].
(c)*Statement of the Case* . The Board, at its discretion, may order a party that submits its case on the record without a hearing to submit a written statement of the case, including a legal and factual analysis of the relevant issues, within such period of time as the Board allows. The Board may also order parties to submit reply briefs. Briefs will be filed in accordance with the requirements of § 22.6(b) of this part [Rule 6(b)]. § 22.18 Closing the Record [Rule 18].
(a)*Closing the Record* . The record will be closed on a date announced by the Board by written notice.
(b)*Supplementing the Record After the Record is Closed* . Except as the Board may otherwise order in its discretion, no evidence shall be received after the record is closed. However, at any time after the closing of the record and prior to a decision of the appeal by the Board, at the request of a party or upon its own initiative, the Board may reopen the record for the purpose of receiving newly discovered evidence or for such other reason as may appear to the Board to be appropriate. § 22.19 Findings and Decisions of the Board [Rule 19].
(a)*Generally* . All proceedings shall be concluded and appeals disposed of as expeditiously as possible, commensurate with sound adjudicatory procedure. The findings and decision in each appeal shall be made by the members of the panel which considered that appeal, and the findings and decision of the majority thereof shall constitute the findings and decision of the Board. The absence or withdrawal of one member of the panel which considered that appeal shall not invalidate the proceedings, and the decision of the remaining panel members shall constitute the decision of the Board. All decisions and findings of the Board shall be made in writing and copies thereof shall be forwarded to the parties or their counsel.
(b)*Record Upon Which Findings and Decisions are Based* .
(1)The record upon which any decision of the Board will be rendered consists of the following:
(i)Notice of appeal;
(ii)Pleadings, motions, written briefs and statements, and responses thereto;
(iii)Rule 4 file and any supplements other than those to which an objection has been sustained;
(iv)Hearing exhibits other than those to which an objection has been sustained;
(v)Orders, rulings, and directions to the parties issued by the Board;
(vi)Written transcripts and electronic recordings of proceedings;
(vii)Stipulations, party admissions, depositions or parts thereof received in evidence, and written interrogatories and responses received in evidence;
(viii)Anything else that the Board may designate.
(2)All other documents and electronically stored information are part of the administrative record of the proceedings and are not included in the record upon which the Board's decision will be rendered. § 22.20 Mistakes and Corrections [Rule 20].
(a)*To Decisions and Orders* . Clerical mistakes in decisions or orders of the Board may be corrected at any time on the Board's own initiative or upon motion of a party, except that if an appeal has been filed with another tribunal, such mistakes may be corrected only with leave of that tribunal.
(b)*To the Official Transcript* . Corrections to an official transcript of a hearing will be made only when they involve errors affecting its substance. The Board may order such corrections on motion or on its own initiative and only after notice to the parties giving them an opportunity to object. Such corrections will ordinarily be made either by hand with pen and ink or by the appending of an errata sheet, or the Board may require that the reporter provide substitute or additional pages. § 22.21 Motion for Reconsideration [Rule 21]. A motion for reconsideration, if filed by either party, shall set forth specifically the ground or grounds relied upon to sustain the motion, and shall be filed within 15 days of receipt of a copy of the Board's decision. Mere disagreement with a decision, re-argument of points already made, or the presentation of new evidence that could have been presented during the appeal but was not, are not sufficient grounds for reconsideration. A motion pending under § 22.21 [Rule 21] does not affect the finality of a decision or suspend its operation. § 22.22 Accelerated and Small Claims Procedures [Rule 22].
(a)*Variation from Standard Proceedings* . The ultimate purpose of any Board proceeding is to resolve fairly and expeditiously any dispute properly before the Board. The Board may at any time during an appeal modify the procedures contained in these rules if it is deemed feasible and furthers the resolution of the issue(s) in controversy.
(b)*Accelerated Procedure* . The accelerated procedure is available solely at the appellant's election, and only when the monetary amount in dispute is $100,000 or less. Such election shall be made no later than 15 days after receipt of the government's answer to the complaint, unless the Board enlarges the time for good cause shown. Promptly after receiving a timely filed election, the Board shall establish a schedule of proceedings that will allow for the timely resolution of the appeal. Pleadings may be simplified, discovery and other pre-hearing activities may be restricted or eliminated, and the appeal may be decided by a single member of the Board. Either party's failure to adhere to the Board's schedule may result in the Board drawing evidentiary inferences adverse to the party at fault. Whenever possible, the Board shall resolve an appeal under this procedure within 180 days from the Board's receipt of the election.
(c)*Small Claims Procedure* . The small claims procedure is available solely at the appellant's election, and only when the monetary amount in dispute is $50,000 or less (or in the case of a small business concern is $150,000 or less). Such election shall be made no later than 15 days after receipt of the government's answer to the complaint, unless the Board enlarges the time for good cause shown. Promptly after receiving a timely filed election, the Board shall establish a schedule of proceedings that will allow for the timely resolution of the appeal. Pleadings may be simplified, discovery and other pre-hearing activities may be restricted or eliminated, and the appeal may be decided by a single member of the Board. Either party's failure to adhere to the Board's schedule may result in the Board drawing evidentiary inferences adverse to the party at fault. Whenever possible, the Board shall resolve an appeal under this procedure within 120 days from the Board's receipt of the election. § 22.23 Suspension of Proceedings [Rule 23]. At any time, the Board may suspend the proceedings by agreement of the parties for settlement discussions, or for good cause shown. § 22.24 Alternative Dispute Resolution [Rule 24].
(a)*Docketed Appeals* . The Board considers Alternative Dispute Resolution
(ADR)to be an efficient way to timely resolve many contract disputes, and therefore encourages the parties to use ADR as an effective means to resolve their contract dispute. ADR with Board participation is available at the initiative of the Board or upon the joint motion of both parties. Guidelines, procedures, and requirements for implementing ADR will be prescribed by agreement of the parties and the Board. Ordinarily, ADR will be performed by a Board member, designated by the Chairman of the Board, that is not one of the three panel members deciding the dispute.
(b)*Other Matters* . Upon request and in the Board's discretion, the Board can make an ADR neutral available for an ADR proceeding, even if the contracting officer's decision has not been issued or is not contemplated. Such a request should be directed to the Chairman of the Board. § 22.25 Protective Orders and In Camera Review [Rule 25].
(a)*Protective Orders* . Upon motion of any party, or on the Board's initiative, the Board may issue a protective order to hold materials under conditions that would limit access to them on the ground that such documents are privileged or confidential, or sensitive in some other way. Any motion filed under this rule must state with specificity the grounds for such limited access. The manner in which such materials will be held, the persons that shall have access to them, and the conditions under which such access will be allowed will be specified in an order of the Board.
(b)*In Camera Review* . Generally, all documents and evidence provided to the Board must also be provided to all other parties to the appeal or their legal counsel or representative. However, in limited circumstances, such as in deciding matters of privilege, it may be appropriate for the Board to review documents or evidence in camera. In camera review may be requested upon motion to the Board, or on the Board's initiative. Any motion filed under this rule must state with specificity the grounds for seeking in camera review. § 22.26 Representation of Parties [Rule 26].
(a)*The Appellant* . Any appellant may appear before the Board represented by an attorney duly licensed in any State, Commonwealth, Territory, or in the District of Columbia. An individual appellant may appear before the Board in person; a corporation may be represented by an officer thereof; a partnership or joint venture may be represented by a member thereof. Under special circumstances, the Board may authorize a contractor to appear before the Board represented by a duly authorized representative other than those mentioned herein for the purposes of that appeal only.
(b)*The Respondent* . The respondent may appear before the Board represented by an attorney duly licensed in any State, Commonwealth, Territory, or in the District of Columbia. Such attorney shall be designated with authority to represent the government's interests before the Board. Alternatively, if not otherwise prohibited, the respondent may appear before the Board represented by the contracting officer or the contracting officer's authorized representative.
(c)*Others* . The Board may, on motion, in its discretion, permit a special or limited appearance, such as by amicus curiae. Permission to appear, if granted, will be for such purposes and in such manner as established by the Board.
(d)*Notice of Appearance* . An attorney or other duly authorized representative representing a party before the Board shall file a notice of appearance. Such notice shall provide the person's name, address, direct dial telephone number, fax number, and e-mail address. If multiple attorneys or law firms represent a party, the contact information for each attorney shall be provided to the Board. In such instances, the party shall designate a single attorney or individual as the primary point of contact for the party. Notices of appearance shall be filed at the commencement of the appeal and shall be updated as necessary during the appeal. § 22.27 Ex Parte Communications [Rule 27]. No member of the Board shall entertain, nor shall any person directly or indirectly involved in an appeal submit to the Board, any evidence, explanation, analysis, or advice, whether written or oral, regarding any matter at issue in an appeal without the knowledge and consent of the adverse party. This provision does not apply to consultation among Board members or to ex parte communications concerning the Board's administrative functions or procedures. § 22.28 Time [Rule 28]. In computing any period of time described in these rules, “days” refer to calendar days, unless otherwise specified in these rules. The first day from which the period begins to run is not counted, and when the last day of the period is Saturday, Sunday, or a Federal holiday, the period extends to the next day that is not a Saturday, Sunday, or a Federal holiday. Documents shall be deemed “filed” on the date and time received by the Board if received before 5:30 p.m. EST, or the next business day if received after 5:30 p.m. EST. § 22.29 Inspection of the Record [Rule 29]. The notice of appeal, the complaint, the answer, the documents required to be filed therewith pursuant to § 22.4 of this part [Rule 4], all papers filed by the parties with the Board pursuant to these rules, and all correspondence exchanged between the Board and the parties or their attorneys shall be available for inspection at the offices of the Board. Prior arrangements for inspection of the file should be made with a member of the Board. Dated: June 20, 2008. James A. Spangenberg, Chairman, Government Accountability Contract Appeals Board. [FR Doc. E8-14355 Filed 6-25-08; 8:45 am] BILLING CODE 1610-02-P DEPARTMENT OF AGRICULTURE Rural Housing Service 7 CFR Part 1944 RIN 0575-AC76 Housing Preservation Grants AGENCY: Rural Housing Service, USDA. ACTION: Direct final rule. SUMMARY: The Rural Housing Service (RHS), hereafter referred to as U.S. Department of Agriculture Rural Development is amending its regulations for the Housing Preservation Grants Program to include faith-based and community organizations. Faith-based and community organizations receiving Housing Preservation Grants
(HPG)Program funding for the purpose of repairing and rehabilitating housing will operate within the guidance of the 7 CFR 1944, subpart N, as well as, comply with the terms specified in the HPG grant agreement. The intended effect is to improve the delivery and operation of the HPG Program. DATES: This rule is effective September 9, 2008, unless we receive written adverse comments or written notices of intent to submit adverse comments on or before August 25, 2008. If we receive such comments or notice, we will publish a timely document in the **Federal Register** withdrawing the rule. ADDRESSES: You may submit adverse comments or notice of intent to submit adverse comments by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the instructions for submitting comments. • *Mail:* Submit written comments via the U.S. Postal Service to the Branch Chief, Regulations and Paperwork Management Branch, USDA Rural Development, STOP 0742, 1400 Independence Avenue, SW., Washington, DC 20250-0742. • *Hand Delivery/Courier:* Submit written comments via Federal Express Mail or another mail courier service requiring a street address to the Branch Chief, Regulations and Paperwork Management Branch, USDA Rural Development, 300 7th Street, SW., Washington, DC 20024. All written comments will be available for public inspection during regular work hours at the 300 7th Street, SW., address listed above. FOR FURTHER INFORMATION CONTACT: Bonnie Edwards-Jackson, Senior Loan Specialist, Multi-Family Housing Processing Division, USDA Rural Development, USDA, STOP 0781, 1400 Independence Avenue, SW., Washington, DC 20250-0781, telephone:
(202)690-0759. SUPPLEMENTARY INFORMATION: Classification This rule has been determined to be not significant and has not been reviewed by the Office of Management and Budget
(OMB)under Executive Order 12866. Civil Justice Reform This rule has been reviewed under Executive Order 12988, Civil Justice Reform. In accordance with this order:
(1)All state and local laws and regulations that are in conflict with this rule will be preempted;
(2)no retroactive effect will be given to this rule; and
(3)administrative proceedings in accordance with 7 CFR part 11, must be exhausted before bringing suit in court challenging action taken under this rule unless those regulations specifically allow bringing suit at an earlier time. Executive Order 13132 The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Nor does this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995
(UMRA)Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local and tribal governments and the private sector. Under section 202 of the UMRA, 2 U.S.C. 1532, USDA Rural Development generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, or tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. When such statement is needed for a rule, section 205 of the UMRA generally requires USDA Rural Development to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, more cost effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates (under the provisions of Title II of the UMRA) for State, local, and tribal Governments or the private sector. Therefore, this rule is not subject to the requirements of section 202 and 205 of the UMRA. Programs Affected The program affected by this rule is listed in the Catalog of Federal Domestic Assistance under Number 10.433, Rural Housing Preservation Grants. Intergovernmental Consultation The program is subject to Executive Order 12372, which requires intergovernmental consultation with state and local officials. Intergovernmental consultation has been conducted in accordance with RD Instruction 1940-J. Environmental Impact Statement This document has been reviewed in accordance with 7 CFR part 1940, subpart G, “Environmental Program.” It is the determination of RHS that this action does not constitute a major Federal action significantly affecting the quality of the human environment and in accordance with the National Environmental Policy Act of 1969, Public Law 91-190, an Environmental Impact Statement is not required. Regulatory Flexibility Act This rule has been reviewed with regard to the requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612). The undersigned has determined and certified by signature of this document that this rule will not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act of 1995 The information collection requirements contained in this regulation have been approved by OMB under the provisions of 44 U.S.C. chapter 35 and have been assigned OMB control number 0575-0172, in accordance with the Paperwork Reduction Act
(PRA)of 1995. This rule does not impose any new or modified information collection requirements. E-Government Act Compliance The USDA Rural Development is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. Background The HPG program is a grant program, which provides qualified public agencies, private nonprofit organizations, and other eligible entities grant funds to assist very low- and low-income homeowners in repairing and rehabilitating their homes in rural areas. In addition, the HPG program assists rental property owners and cooperative housing complexes in repairing and rehabilitating their units if they agree to make such units available to low- and very low-income persons. The regulation governing the HPG program is being amended to provide clarification for the public regarding the eligibility of faith-based and community organizations for the HPG Program. The reason for the revision is the present regulation lacks language referencing faith-based and community organizations. Revising the regulation will further clarify the definition of “Organization” to include faith-based and community organizations. As a result, this will enable more faith-based and smaller community based organizations to apply for the HPG funding. List of Subjects in 7 CFR Part 1944 Grant programs—Housing and community development, Home improvement, Loan programs, Housing and community development, Nonprofit organizations, Rural housing. For the reasons set forth in the preamble, chapter XVIII, title 7, Code of Federal Regulations is amended as follows: CHAPTER XVIII—RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE SERVICE, RURAL UTILITIES SERVICE, AND FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE PART 1944—HOUSING 1. The authority citation for part 1944 continues to read as follows: Authority: 5 U.S.C. 301; 42 U.S.C. 1480. Subpart N—Housing Preservation Grants 2. Section 1944.656 is amended by revising the definition for “Organization” to read as follows. § 1944.656 Definitions. *Organization* . An organization is defined as one of the following:
(1)A State, commonwealth, trust territory, other political subdivision, or public nonprofit corporation authorized to receive and administer HPG funds;
(2)An American Indian tribe, band, group, nation, including Alaskan Indians, Aleuts, Eskimos and any Alaskan Native Village, of the United States which is considered an eligible recipient under the Indian Self-Determination and Education Assistance Act (Pub. L. 93-638) or under the State and Local Fiscal Assistance Act of 1972 (Pub. L. 92-512);
(3)A private nonprofit organization, including faith-based and community organizations, that is owned and controlled by private persons or interests for purposes other than making gains or profits for the corporation, is legally precluded from distributing any gains or profits to its members, and is authorized to undertake housing development activities; or
(4)A consortium of units of government and/or private nonprofit organizations, including faith-based and community organizations, which is otherwise eligible to receive and administer HPG funds and which meets the following conditions:
(i)Be comprised of units of government and/or private nonprofit corporations that are close together, located in the same state, and serve areas eligible for USDA Rural Development assistance; and
(ii)Have executed an agreement among its members designating one participating unit of government or private nonprofit corporation as the applicant or designating a legal entity (such as a Council of Governments) to be the applicant. § 1944.679 [Amended] 3. Section 1944.679 is amended as follows: A. By removing the number “2” and adding the words “at least one” in its place in paragraphs (b)(3)(i) and (ii), and B. By removing the words “, including FmHA or its successor agency under Public Law 103-354's HPG program” in paragraph (b)(3)(i). Appendix—Exhibit D to Subpart N of Part 1944 [Amended] 4. In the appendix, Exhibit D to Subpart N of Part 1944, paragraph 3(a) and
(b)are amended by removing the word “two” and adding the words “at least one” in its place. Dated: June 14, 2008. Russell T. Davis, Administrator, Rural Housing Service. [FR Doc. E8-14456 Filed 6-25-08; 8:45 am] BILLING CODE 3410-XV-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-0246; Airspace Docket No. 07-ASO-26] Amendment of Class E Airspace; Danville, KY 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 15058) that amends the Class E airspace area to support Area Navigation
(RNAV)Global Positioning System
(GPS)Standard Instrument Approach Procedures
(IAPs)that were developed to serve the Stuart Powell Field Airport. Additionally, the direct final rule made a technical amendment addressing the airport's name change from Goodall Field Airport to Stuart Powell Field Airport. DATES: Effective 0901 UTC, September 25, 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: Daryl Daniels, Airspace Specialist, System Support, AJA-E3B.12, FAA Eastern Service Center, 1701 Columbia Ave., College Park, GA 30337; telephone
(404)305-5581; 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 March 21, 2008 (73 FR 15058), Docket No. FAA-2007-0246; Airspace Docket No. 07-ASO-26. The FM 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 September 25, 2008. No adverse comments were received, and thus this notice confirms that effective date. Issued in College Park, GA, on June 5, 2008. Mark D. Ward, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. E8-14167 Filed 6-25-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0154; Airspace Docket No. 08-ASO-10] Establishment of Class E Airspace; Canon, GA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class E Airspace at Canon, GA, to accommodate the new Area Navigation
(RNAV)Global Positioning System
(GPS)Standard Instrument Approach Procedures (SIAPs) that have been developed for Franklin County Airport. Controlled airspace extending upward from 700 feet Above Ground Level
(AGL)is needed to contain the SIAP and for Instrument Flight Rule
(IFR)operations at Franklin County Airport. The operating status of the airport will change from Visual Flight Rules
(VFR)to include IFR operations concurrent with the publication of the SIAP. DATES: *Effective Date:* 0901 UTC, September 25, 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: History On March 21, 2008, the FAA proposed to amend Title 14 Code of Federal Regulations (14 CFR) part 71 by establishing Class E airspace at Canon, GA, (73 FR 14949). This action provides adequate Class E airspace for IFR operations at Franklin County Airport. Designations for Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in FAA Order 74009R, dated August 15. 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR part 71.1. The Class E designations listed in this document will be published subsequently in the Order. Interested persons were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments objecting to the proposal were received. The Rule This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E airspace at Canon, GA, to provide controlled airspace required to support the Area Navigation
(RNAV)Global Positioning System
(GPS)Standard Instrument Approach Procedures (SlAPs) that have been developed for Franklin County Airport. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore,
(1)is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (Air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, effective September 15, 2007, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet or More Above the Surface of the Earth. ASO GA E5 Canon, GA [New] Franklin County Airport, GA (Lat. 34°20′25″ N., long. 83°07′51″ W.) That airspace extending upward from 700 feet above the surface of the Earth within a 6.6-mile radius of the Franklin County Airport. Issued in College Park, Georgia, on June 5, 2008. Mark D. Ward, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. E8-14168 Filed 6-25-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0161; Airspace Docket No. 08-AEA-14] Establishment of Class E Airspace; Susquehanna, 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 14679) that establishes Class E Airspace at Susquehanna, 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 Susquehanna High School Heliport. DATES: Effective 0901 UTC, September 25, 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 March 19, 2008 (73 FR 14679), Docket No. FAA 2008-0161; Airspace Docket No. 08-AEA-14. 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 September 25, 2008. No adverse comments were received, and thus this notice confirms that effective date. Issued in College Park, Georgia, on June 4, 2008. Mark D. Ward, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. E8-14165 Filed 6-25-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0162; Airspace Docket No. 08-AEA-15] Establishment of Class E Airspace; Sunbury, 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 14677) that establishes Class E Airspace at Sunbury, 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 Sunbury Community Hospital Airport. DATES: Effective 0901 UTC, September 25, 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: Daryl Daniels, Airspace Specialist, System Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone
(404)305-5581. SUPPLEMENTARY INFORMATION: Confirmation of Effective Date The FAA published this direct final rule with a request for comments in the **Federal Register** on March 19, 2008 (73 FR 14677), Docket No. FAA-2008-0162; Airspace Docket No. 08-AEA-15. 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 September 25, 2008. No adverse comments were received, and thus this notice confirms that effective date. Issued in College Park, Georgia, on June 4, 2008. Mark D. Ward, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organizations. [FR Doc. E8-14163 Filed 6-25-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION 14 CFR Part 97 [Docket No. 30614; Amdt. No. 3275] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective June 26, 2008. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of June 26, 2008. ADDRESSES: Availability of matter incorporated by reference in the amendment is as follows: *For Examination* — 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which the affected airport is located; 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. The National Archives and Records Administration (NARA). For Information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . *Availability* —All SIAPs are available online free of charge. Visit *nfdc.faa.gov* to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from: 1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure Standards Branch (AFS-420) Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK. 73169 ( *Mail Address:* P.O. Box 25082 Oklahoma City, OK 73125) *telephone:*
(405)954-4164. SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and § 97.20 of Title 14 of the Code of Federal Regulations. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the **Federal Register** expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained in FAA form documents is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAP and the corresponding effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number. The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP as modified by FDC/P-NOTAMs. The SIAPs, as modified by FDC P-NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these changes to SIAPs, the TERPS criteria were applied only to specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for all these SIAP amendments requires making them effective in less than 30 days. Because of the close and immediate relationship between these SIAPs and safety in air commerce, I find that notice and public procedure before adopting these SIAPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making these SIAPs effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under DOT Regulatory Order 12866;
(2)is not a “significant rule” under DOT regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, and Navigation (Air). Issued in Washington, DC on June 13, 2008. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97, 14 CFR part 97, is amended by amending Standard Instrument Approach Procedures, effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722. 2. Part 97 is amended to read as follows: §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, and 97.35 [Amended] By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and § 97.35 COPTER SIAPs, Identified as follows: Effective Upon Publication FDC date State City Airport FDC No. Subject 6/4/08 FL Punta Gorda Charlotte County 8/0327 RNAV
(GPS)Rwy 4, Orig. 6/4/08 FL Punta Gorda Charlotte County 8/0328 VOR Rwy 4, Amdt 1. 6/5/08 ME Bangor Bangor Intl 8/0730 Radar-1, Amdt 4. 6/5/08 NC Morganton Foothills Regional 8/0774 RNAV
(GPS)Rwy 21, Orig. 6/5/08 MT Billings Billings Logan Intl 8/0791 RNAV
(GPS)Rwy 7, Orig-A. 6/6/08 AR Walnut Ridge Walnut Ridge Regional 8/0839 RNAV
(GPS)Rwy 18, Orig. 6/6/08 AR Walnut Ridge Walnut Ridge Regional 8/0840 RNAV
(GPS)Rwy 36, Orig. 6/6/08 AR Walnut Ridge Walnut Ridge Regional 8/0841 LOC Rwy 18, Amdt 3. 6/6/08 AR Walnut Ridge Walnut Ridge Regional 8/0842 VOR/DME Rwy 22, Amdt 13. 6/6/08 AR Walnut Ridge Walnut Ridge Regional 8/0843 VOR A, Amdt 16. 6/6/08 AR Walnut Ridge Walnut Ridge Regional 8/0844 RNAV
(GPS)Rwy 22, Orig-A. 6/6/08 NC New Bern Craven County Regional 8/0861 Takeoff Minimums and Obstacle DP, Amdt 3. 6/6/08 MS Philadelphia Philadelphia Muni 8/0957 RNAV
(GPS)Rwy 36, Orig-A. 6/6/08 MS Philadelphia Philadelphia Muni 8/0958 RNAV
(GPS)Rwy 18, Orig. 6/6/08 NC New Bern Craven County Regional 8/0996 RNAV
(GPS)Rwy 22, Orig. 6/6/08 ND Fargo Hector Intl 8/1009 VOR/DME or TACAN Rwy 18, Amdt 1A. 6/6/08 IN Terre Haute Terre Haute Intl-Hulman Field 8/1010 RNAV
(GPS)Rwy 14, Orig. 6/9/08 TN Murfreesboro Murfreesboro Muni 8/1310 RNAV
(GPS)Rwy 18, Orig. 6/9/08 TN Murfreesboro Murfreesboro Muni 8/1311 NDB Rwy 18, Orig-C. 6/9/08 TN Murfreesboro Murfreesboro Muni 8/1312 RNAV
(GPS)Rwy 36, Orig. 6/9/08 TN Millington Millington Regional Jetport 8/1364 RNAV
(GPS)Rwy 22, Amdt 1. 6/11/08 CA Bakersfield Meadows Field 8/1393 RNAV
(GPS)Rwy 12L, Orig. 6/10/08 NC Albemarle Stanly County 8/1395 NDB or GPS Rwy 22L, Orig-E. 6/10/08 CO Grand Junction Grand Junction Rgnl 8/1417 RNAV
(GPS)Rwy 11, Orig. 6/10/08 PA Latrobe Arnold Palmer Regional 8/1419 RNAV
(GPS)Rwy 5, Orig. 6/10/08 PA Latrobe Arnold Palmer Regional 8/1420 ILS or LOC Rwy 23, Amdt 16. 6/10/08 PA Latrobe Arnold Palmer Regional 8/1421 RNAV
(GPS)Rwy 23, Orig. 6/10/08 IN Elkhart Elkhart Muni 8/1526 ILS or LOC Rwy 27, Amdt 2A. 6/10/08 SC Charleston Charleston Executive 8/1597 ILS or LOC Rwy 9, Amdt 1. 6/10/08 TN Fayetteville Fayetteville Muni 8/1598 NDB Rwy 20, Amdt 4A. 6/10/08 TN Fayetteville Fayetteville Muni 8/1601 GPS Rwy 2, Orig-A. 6/11/08 VT Morrisville Morrisville-Stowe State 8/1740 NDB or GPS-B, Amdt 1B. 6/11/08 VT Burlington Burlington Intl 8/1797 ILS or LOC/DME Rwy 15, Amdt 23A. 6/11/08 MA Beverly Beverly Muni 8/1809 Takeoff Minimums and Obstacle DP, Amdt 2A. 6/11/08 AZ St Johns St Johns Industrial Air Park 8/1975 Takeoff Minimums and Obstacle DP, Amdt 1A. 6/9/08 TX Dallas-Ft Worth Dallas-Fort Worth Intl 8/8879 ILS or LOC Rwy 17L, Amdt 5, ILS Rwy 17L (CAT II) Amdt 5, ILS Rwy 17L (CAT III) Amdt 5. 5/31/08 TX Dallas-Ft Worth Dallas-Fort Worth Intl 8/8880 Converging ILS Rwy 35C, Amdt 1. 5/31/08 TX Dallas-Ft Worth Dallas-Fort Worth Intl 8/8881 Converging ILS Rwy 31R, Amdt 7. 5/31/08 KY Ashland Ashland Rgnl 8/9016 SDF Rwy 10, Amdt 6A. 5/31/08 KY Ashland Ashland Rgnl 8/9018 VOR or GPS Rwy 10, Amdt 10A. 5/31/08 ME Portland Portland Intl Jetport 8/9031 RNAV
(GPS)Rwy 11, Amdt 2A. 5/31/08 IN Terre Haute Terre Haute Intl-Hulman Field 8/9042 VOR/DME Rwy 5, Amdt 17B. 5/31/08 IN Terre Haute Terre Haute Intl-Hulman Field 8/9043 ILS or LOC Rwy 5, Amdt 22D. 5/31/08 IN Terre Haute Terre Haute Intl-Hulman Field 8/9044 RNAV
(GPS)Rwy 32, Orig. 5/31/08 IN Terre Haute Terre Haute Intl-Hulman Field 8/9045 VOR Rwy 23, Amdt 20. 5/31/08 CA La Verne Brackett Field 8/9062 VOR or GPS-A, Amdt 5B. 5/31/08 MT Great Falls Great Falls Intl 8/9063 NDB Rwy 34, Amdt 16A. 5/31/08 MT Great Falls Great Falls Intl 8/9064 VOR Rwy 21, Amdt 9A. 5/31/08 MT Great Falls Great Falls Intl 8/9066 GPR Rwy 21, Orig. 5/31/08 NV Las Vegas North Las Vegas 8/9072 GPS Rwy 30L, Orig-A. 5/31/08 NV Las Vegas North Las Vegas 8/9073 GPS Rwy 12R, Orig-C. 5/31/08 NV Las Vegas North Las Vegas 8/9076 ILS or LOC Rwy 12L, Orig-A. 5/31/08 IN Richmond Richmond Muni 8/9127 VOR or GPS Rwy 6, Amdt 11A. 5/31/08 IA Harlan Harlan Muni 8/9134 GPS Rwy 33, Orig. 5/31/08 IL Alton/St Louis St Louis Rgnl 8/9181 RNAV
(GPS)Rwy 29, Orig. 5/31/08 NV Las Vegas North Las Vegas 8/9213 ILS or LOC Rwy 12L, Orig-A. 5/31/08 TX Devine Devine Muni 8/9232 NDB or GPS Rwy 35, Amdt 2A. 5/31/08 KS Junction City Freeman Field 8/9325 RNAV
(GPS)Rwy 36, Orig-A. 5/31/08 NM Hobbs Lea County Rgnl 8/9424 RNAV
(GPS)Rwy 21, Orig. 5/31/08 MI Saginaw Saginaw County H.W. Browne 8/9533 RNAV
(GPS)Rwy 9, Orig. 5/31/08 MI Saginaw Saginaw County H.W. Browne 8/9534 ILS or LOC/DME Rwy 27, Orig. 5/31/08 MI Saginaw Saginaw County H.W. Browne 8/9535 RNAV
(GPS)Rwy 27, Amdt 1. 5/31/08 AR Flippin Marion County Regional 8/9604 VOR or GPS A, Amdt 13. 5/31/08 AR Flippin Marion County Regional 8/9605 VOR/DME RNAV or GPS Rwy 22, Orig. 5/31/08 TX Madisonville Madisonville Muni 8/9636 RNAV
(GPS)Rwy 18, Orig. 5/31/08 CO Denver Denver Intl 8/9666 ILS or LOC Rwy 8, Amdt 4. 5/31/08 CO Denver Denver Intl 8/9667 ILS or LOC Rwy 17L, Amdt 3. 5/31/08 NY Albany Albany Intl 8/9706 RNAV
(GPS)Rwy 19, Orig. 5/31/08 NY Albany Albany Intl 8/9709 ILS or LOC Rwy 19, Amdt 22. 5/31/08 NY Albany Albany Intl 8/9712 ILS or LOC Rwy 1, Amdt 10A. 5/31/08 NY Albany Albany Intl 8/9715 ILS or LOC Rwy 19, Amdt 22. 5/31/08 NY Albany Albany Intl 8/9716 RNAV
(GPS)Rwy 19, Orig. 6/2/08 MO Fort Leonard Wood Waynesville Rgnl Arpt at Forney Field 8/9804 NDB/DME Rwy 14, Amdt 1A. 6/2/08 VA Manassas Manassas Rgnl/Harry P Davis Fld 8/9887 RNAV
(GPS)Rwy 16R, Orig. 6/2/08 VA Manassas Manassas Rgnl/Harry P Davis Fld 8/9888 RNAV
(GPS)Rwy 16L, Orig-A. 6/2/08 VA Manassas Manassas Rgnl/Harry P Davis Fld 8/9889 ILS Rwy 16L, Amdt 4B. 6/2/08 NY Johnstown Fulton County 8/9918 NDB Rwy 28, Amdt 1. 6/2/08 NY Johnstown Fulton County 8/9921 NDB Rwy 10, Amdt 1. [FR Doc. E8-14162 Filed 6-25-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2008-0492] RIN 1625-AA00 Safety Zone; Washington Township Summerfest, Ottawa River, Toledo, OH AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone at Fred C. Young Bridge, Ottawa River, Toledo, Ohio. This zone is intended to restrict vessels from a portion of Ottawa River during the Washington Township Summerfest fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. DATES: This rule is effective from 9:30 p.m. until 10:30 p.m. on June 28, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket, are parts of docket [USCG-2008-0492] 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 Marine Safety Unit Toledo, 420 Madison Ave., Suite 700, Toledo, Ohio 43604 between 9:30 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call Lieutenant Jay Michalczak, Chief of Port Operations, Marine Safety Unit, 420 Madison Ave., Suite 700, Toledo, Ohio 43604;
(419)418-6050. 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 permit application was not received in time to publish an NPRM followed by a final rule before the effective date. 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.** Delaying this rule would be contrary to the public interest of ensuring the safety of spectators and vessels during this event, and immediate action is necessary to prevent possible loss of life and property. Background and Purpose This temporary safety zone is necessary to ensure the safety of vessels and spectators from hazards associated with a fireworks display. Based on accidents that have occurred in other Captain of the Port zones and the explosive hazards of fireworks, the Captain of the Port Detroit has determined fireworks launches in close proximity to watercraft pose significant risk to public safety and property. The likely combination of large numbers of recreation vessels, congested waterways, darkness punctuated by bright flashes of light, alcohol use, and debris falling into the water could easily result in serious injuries or fatalities. Establishing a safety zone to control vessel movement around the location of the launch platform will help ensure the safety of persons and property at these events and help minimize the associated risks. Discussion of Rule A temporary safety zone is necessary to ensure the safety of spectators and vessels during the setup, loading, and launching of a fireworks display in conjunction with the Washington Township Summerfest fireworks display. The fireworks display will occur between 9:30 p.m. and 10:30 p.m., June 28, 2008. The safety zone for the June 28, 2008 fireworks will encompass all waters of Ottawa River within a six hundred foot radius of the fireworks launch location at the Fred C. Young Bridge, Toledo, OH (41°43′29″ N, 083°28′47″ W). All geographic coordinates are North American Datum of 1983 (NAD 83). All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on scene representative. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Detroit or his designated on scene representative. The Captain of the Port or his designated on scene representative may be contacted via VHF Channel 16. 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. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. This determination is based on the minimal time that vessels will be restricted from the zone and the zone is an area where the Coast Guard expects insignificant adverse impact to mariners from the zones' activation. 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 will affect the following entities, some of which may be small entities: The owners and operators of vessels intending to transit or anchor in a portion of Ottawa River near the Fred C. Young Bridge (41°43′29″ N, 083°28′47″ W) between 9:30 p.m. and 10:30 p.m. on June 28, 2008. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule will be in effect for only 1 hour. Vessel traffic can pass safely around the safety zone. In the event that this temporary safety zone affects shipping, commercial vessels may request permission from the Captain of the Port Detroit to transit through the safety zone. The Coast Guard will give notice to the public via a Broadcast Notice to Mariners that the regulation is in effect. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), 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. 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 expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not concern an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments The Coast Guard recognizes the treaty rights of Native American Tribes. Moreover, the Coast Guard is committed to working with Tribal Governments to implement local policies and to mitigate tribal concerns. We have determined that these special local regulations and fishing rights protection need not be incompatible. We have also determined that 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. Nevertheless, Indian Tribes that have questions concerning the provisions of this Proposed Rule or options for compliance are encourage to contact the point of contact listed under FOR FURTHER INFORMATION CONTACT . 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. This event establishes a safety zone, therefore paragraph (34)(g) of the Instruction applies. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” is 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. 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, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. A new temporary § 165.T09-0492 is added as follows: § 165.T09-0492 Safety zone; Washington Township Fireworks, Ottawa River, Toledo, OH.
(a)*Location:* The following area is a temporary safety zone: All waters of Ottawa River within a six hundred foot radius of the fireworks launch area at the Fred C. Young Bridge, Toledo, OH (41°43′29″ N, 083°28′47″ W) (NAD 83).
(b)*Effective period.* This regulation is effective from 9:30 p.m. until 10:30 p.m., June 28, 2008.
(c)*Regulations.*
(1)In accordance with the general regulations in section 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Detroit, or his designated on-scene representative.
(2)This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Detroit or his designated on-scene representative.
(3)The “on-scene representative” of the Captain of the Port is any Coast Guard commissioned, warrant, or petty officer who has been designated by the Captain of the Port to act on his behalf. The on-scene representative of the Captain of the Port will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or his designated on scene representative may be contacted via VHF Channel 16.
(4)Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Detroit or his on-scene representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port or his on-scene representative. Dated: June 11, 2008. P.W. Brennan, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. E8-14349 Filed 6-25-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2008-0270] RIN 1625-AA00 Safety Zone; Main Street Oceanside, Fireworks Display; Oceanside, CA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone on the navigable waters of Oceanside Harbor in support of the Main Street Oceanside fireworks display. The safety zone is necessary to provide for the safety of the spectators, participants of the event, participating vessels and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. DATES: This rule is effective from 8:30 p.m. until 10 p.m. on July 4, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG-2008-0270 and are available online at *http://www.regulations.gov* . They are also available for inspection or copying in 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 at Coast Guard Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101-1064 between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Petty Officer Kristen Beer, Waterways Management, U.S. Coast Guard Sector San Diego, CA at telephone
(619)278-7233. 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. Final approval and permitting of this event were not issued in time to engage in full notice and comment rulemaking. Publishing an NPRM and delaying the effective date would be contrary to the public interest since the event would occur before the rulemaking process was complete. Under 5 U.S.C. 553(d)(3), the Coast Guard also finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . In addition, it would be contrary to the public interest not to publish this rule because the event has been permitted and participants and the public require protection. Background and Purpose The Coast Guard is establishing a temporary safety zone on the navigable waters of Oceanside in support of the Main Street Oceanside, Fireworks Display. This temporary safety zone is necessary to provide for the safety of the show's crew, spectators, and participants of the event, participating vessels and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. Discussion of Rule The Coast Guard establishes this temporary rule, pursuant to 33 U.S.C. 1225, to provide for the safety of the participants, spectators and other users of the waterways. This safety zone will be enforced from 8:30 p.m. until 10 p.m. on July 04, 2008. The safety zone is necessary to ensure the safety of participants and spectators of the Main Street Oceanside, Fireworks Display. The duration of the show is expected to be approximately 15-20 minutes. The limits of this temporary safety zone are set at an 800 foot radius around the anchored barge. The anchoring location is 900 feet from southern part of Oceanside pier. This temporary safety zone is necessary to provide for the safety of the crews, spectators, participants of the event, participating vessels and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. U.S. Coast Guard personnel will enforce this safety zone. Other Federal, State, or local agencies may assist the Coast Guard, including the Coast Guard Auxiliary. Section 165.23 of Title 33, Code of Federal Regulations, prohibits any unauthorized person or vessel from entering or remaining in a safety zone. Vessels or persons violating this section will be subject to the penalties set forth in 33 U.S.C. 1232. 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. Due to the temporary safety zone's short duration of one and a half hours, its limited scope of implementation, and because vessels will have an opportunity to request authorization to transit through the zone or the vessels may safely travel around the zone, the Coast Guard expects the economic impact of this rule to be so minimal that full regulatory evaluation under paragraph 10(e) of the regulatory policies and procedures of the DHS is unnecessary. 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 entities. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit or anchor in a portion of Oceanside from 8:30 p.m. to 10 p.m. on July 4, 2008. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: The safety zone only encompasses a small portion of the waterway, it is short in duration at a late hour when commercial traffic is low, vessels may safely travel around the safety zone, and the Captain of the Port may authorize entry into the zone, if necessary. Assistance for Small Entities 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 your small business or organization is affected by this rule and you have questions concerning its provisions or options for compliance, please contact Petty Officer Kristen Beer, U.S. Coast Guard Sector San Diego at
(619)278-7233. 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 and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have concluded, under the Instruction, 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 because it establishes a safety zone. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” are 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. 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. 1225, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T11-043 to read as follows: § 165.T11-043 Safety Zone: Main Street Oceanside, Fireworks Display; Oceanside, CA.
(a)*Location.* The limits of the temporary safety zone are set at an 800 foot radius around the anchored barge. The anchoring location is 900 feet from the southern part of Oceanside pier.
(b)*Effective Period.* This safety zone will be in effect from 8:30 p.m. until the end of the fireworks show on July 04, 2007. The event is scheduled to conclude no later than 10 p.m. However, if the display concludes prior to the scheduled termination time, the Captain of the Port will cease enforcement of this safety zone and will announce that fact via Broadcast Notice to Mariners.
(c)*Regulations.* In accordance with the general regulations in § 165.23 of this part, entry into, transit through, or anchoring within this zone by all vessels is prohibited, unless authorized by the Captain of the Port, or his designated representative. Mariners requesting permission to transit through the safety zone may request authorization to do so from the U.S. Coast Guard Patrol Commander. The U.S. Coast Guard Patrol Commander may be contacted via VHF-FM Channel 16.
(d)*Enforcement.* All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene patrol personnel. Patrol personnel can be comprised of commissioned, warrant, and petty officers of the Coast Guard onboard Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels. Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. The Coast Guard may be assisted by other federal, state, or local agencies. Dated: June 10, 2008. C.V. Strangfeld, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. E8-14509 Filed 6-25-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2008-0093] RIN 1625-AA00 Safety Zone; Red Bull Flugtag, Seddon Channel Turning Basin, Tampa, FL AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone on the waters of Seddon Channel Turning Basin, Tampa, Florida. This temporary safety zone is intended to restrict non participant vessels from entering the waters in the vicinity of the Flugtag event ramp unless specifically authorized by the Captain of the Port St. Petersburg or a designated representative. This rule is necessary to protect participants and spectators from the hazards associated with the launching of human powered flying craft over the navigable waters of the United States. DATES: This rule is effective from 9 a.m. until 5 p.m. on July 19, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG-2008-0093 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 Coast Guard Sector St. Petersburg, Prevention Department between 7:30 a.m. and 3:30 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: BM1 Charles Voss at Coast Guard Sector St. Petersburg,
(813)228-2191 Ext 8307. SUPPLEMENTARY INFORMATION: Regulatory Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act
(APA)(5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking
(NPRM)with respect to this rule because information regarding the event was not provided with sufficient time to publish an NPRM. Publishing an NPRM and delaying its effective date would be contrary to the public interest since immediate action is needed to minimize potential danger to the public during the Red Bull Flugtag event. 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** . The Coast Guard will issue a broadcast notice to mariners to advise mariners of the restriction. Background and Purpose Red Bull Corp. is sponsoring a Flugtag Event on July 19 from the Seddon Channel turning basin. The Flugtag is an event where participants build and then launch homemade human powered flying crafts, from a ramp that is 100-feet long and 30-feet high. The event is scheduled to commence at approximately 11 a.m. local and end at approximately 4 p.m. local. This rule is needed to protect participant and spectator craft in the vicinity of the event from the hazards associated with the launching of human powered flying craft. Discussion of Rule The safety zone encompasses the following: All waters from surface to bottom, within the Seddon Channel Turning Basin. The exact location of the ramp and accompanying barges, which is needed to determine the exact location of the safety zone, is not yet known. However, once the final plans are set, the Coast Guard will publish the exact location of the safety zone in the District Seven Local Notice to Mariners. The safety zone will be 250-ft wide and extend out 300-ft. from the end of the ramp. Vessels are prohibited from anchoring, mooring, or transiting within this safety zone, unless authorized by the Captain of the Port St. Petersburg or a designated representative. The safety zone will be effective from 9 a.m. through 5 p.m. on July 19, 2008. Enforcement of the safety zone will commence approximately two hours prior to the event and will conclude approximately one hour after the completion of the event. The two-hour period prior to the event will enable the Coast Guard and/or local law enforcement vessels to conduct a sweep of the zone to ensure that it is clear and to position spectators in the proper locations. An additional 60-minute period has been added at the end of the event for possible delays. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Regulatory Planning and Review 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. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. The rule will only be in effect for a short period of time. Moreover, two transit lanes have been established that will remain clear, to allow the unobstructed transit of vessels through the area. 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 will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit the Seddon Channel turning basin in Tampa, Florida. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: This rule will be effective for a limited time; and traffic will be allowed to transit through the area in the designated transit lanes. Assistance for Small Entities 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 could better evaluate its effects on them and participate in the rulemaking process. 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 and Department of Homeland Security Management Directive 5100.1, 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 under the Instruction, 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. A final environmental analysis checklist and a final categorical exclusion determination are 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. 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, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. A new temporary § 165.T08-0093 is added to read as follows: § 165.T08-0093 Safety Zone; Redbull Flugtag, Seddon Channel turning basin, Tampa, Florida.
(a)*Regulated area.* The Coast Guard is establishing a temporary safety zone on the waters of Seddon Channel turning basin, Tampa, FL. The safety zone will be 250-ft wide and extend out 300-ft from the end of the launch ramp. The exact location of the ramp is not yet known, however the Coast Guard will publish the location in the District Seven Local Notice to Mariners. The zone will be marked on the effective date.
(b)*Definitions.* The following definition applies to this section: *Designated representative* means Coast Guard Patrol Commanders including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and federal, state, and local officers designated by or assisting the Captain of the Port, St. Petersburg, Florida, in the enforcement of regulated navigation areas and safety and security zones.
(c)*Regulations.* In accordance with the general regulations in § 165.23 of this part, no person or vessel may anchor, moor, or transit the Regulated Area without permission of the Captain of the Port St. Petersburg, Florida, or a designated representative. The Coast Guard will publish the safety zone in the Local Notice to Mariners and will issue a broadcast notice to mariners to advise mariners of the restriction.
(d)*Dates.* This rule is in effect from 9 a.m. until 5 p.m. on July 19, 2008. Dated: June 11, 2008. J.A. Servidio, Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg, Florida. [FR Doc. E8-14506 Filed 6-25-08; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 745 [EPA-HQ-OPPT-2005-0049; FRL-8368-9] RIN 2070-AC83 Small Entity Compliance Guide to Renovate Right: EPA’s Lead-Based Paint Renovation, Repair, and Painting Program; Notice of Availability AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of availability. SUMMARY: EPA is issuing a notice of availability of its *Small Entity Compliance Guide to Renovate Right: EPA’s Lead-Based Paint Renovation, Repair, and Painting Program* (hereinafter referred to as the “small entity compliance guide”). This small entity compliance guide is for contractors, painters, property managers, maintenance personnel, and other professionals that disturb painted surfaces while working in homes and child-occupied facilities, such as child care centers and schools, built before 1978. The small entity compliance guide was developed by EPA to help small entities comply with the new Lead-Based Paint Renovation, Repair, and Painting Program requirements published in the April 22, 2008 **Federal Register** . This document is published by the EPA as the official compliance guide for small entities, pursuant to section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), as amended. FOR FURTHER INFORMATION CONTACT: *For general information contact* : Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . *For technical information contact* : Mike Wilson, National Program Chemicals Division (7404T), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)566-0521; e-mail address: *wilson.mike@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you perform renovations of target housing or child-occupied facilities for compensation. ‘‘Target housing’’ is defined in section 401 of the Toxic Substances Control Act
(TSCA)as any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child under age 6 resides or is expected to reside in such housing) or any 0-bedroom dwelling. “Child-occupied facility” is defined by the Lead-Based Paint Renovation, Repair, and Painting Program as a building or a portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least 2 different days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may be located in public or commercial buildings or in target housing. The definition of child-occupied facilities also includes common areas routinely used by children under age 6 and portions of the exterior that are immediately adjacent to the child-occupied facility or covered common area. Potentially affected entities may include, but are not limited to: • Building construction (NAICS code 236), e.g., single family housing construction, multi-family housing construction, residential remodelers. • Specialty trade contractors (NAICS code 238), e.g., plumbing, heating, and air-conditioning contractors, painting and wall covering contractors, electrical contractors, finish carpentry contractors, drywall and insulation contractors, siding contractors, tile and terrazzo contractors, glass and glazing contractors. • Real estate (NAICS code 531), e.g., lessors of residential buildings and dwellings, residential property managers. • Child day care services (NAICS code 624410). • Elementary and secondary schools (NAICS code 611110), e.g., elementary schools with kindergarten classrooms. • Other technical and trade schools (NAICS code 611519), e.g., training providers. • Engineering services (NAICS code 541330) and building inspection services (NAICS code 541350), e.g., dust sampling technicians. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in the Lead; Renovation, Repair, and Painting Program final rule (40 CFR part 745, subpart E). If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Get Copies of the Compliance Guide and Other Related Information? 1. *Docket* . EPA has established a docket for this action under docket identification
(ID)number EPA-HQ-OPPT-2005-0049. All documents in the docket are listed in the docket's index available at *http://www.regulations.gov* . Although listed in the index, some information is not publicly available, e.g., Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number of the EPA/DC Public Reading Room is
(202)566-1744, and the telephone number for the OPPT Docket is
(202)566-0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . 3. *Small entity compliance guide* . The small entity compliance guide is available on EPA's website at *http://www.epa.gov/lead/pubs/renovation* and may be reproduced by an individual or corporation without permission from EPA. II. Background In the **Federal Register** of April 22, 2008 (73 FR 21692) (FRL-8355-7), EPA issued the Lead; Renovation, Repair, and Painting Program final rule (40 CFR part 745, subpart E) that applies to renovations performed for compensation in target housing and child-occupied facilities built before 1978 by requiring, among other things: • Training for renovators. • Certification of renovators and firms. • Accreditation of training providers. • Use of renovation work practice standards, such as posting warning signs; containing work areas so that no dust or debris leaves the work area while the renovation is being performed; prohibiting certain high dust-generating work practices; and a cleanup and cleaning verification protocol. The final rule is effective June 23, 2008. However, certain provisions of the final rule, such as requiring the use of the work practices, do not become effective until April 22, 2010. EPA examined the economic implications of that final rule as required by the Regulatory Flexibility Act (5 U.S.C. 601-602). The Agency concluded that a substantial number of small entities will be affected by the final rule. Pursuant to section 212 of SBREFA (Public Law 104-121, as amended), EPA is making available a small entity compliance guide, summarizing in plain language the requirements of the final rule. The small entity compliance guide represents the Agency's current thinking on the subject. It does not create or confer any rights for or on any person and does not operate to bind EPA or the public. List of Subjects in 40 CFR Part 745 Environmental protection, Child-occupied facility, Housing renovation, Lead, Lead-based paint, Renovation, Reporting and recordkeeping requirements. Dated: June 20, 2008. James B. Gulliford, Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. E8-14507 Filed 6-25-08; 8:45 am] BILLING CODE 6560-50-S FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 07-148; FCC 08-153] DTV Consumer Education Initiative AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: The Commission revised the location for filing Form 388, DTV Quarterly Activity Station Report. In the *DTV Consumer Education Order* the Commission sought to ensure widespread consumer understanding of the benefits and mechanics of the transition by promoting a coordinated, national DTV consumer education campaign. One facet of this campaign was the establishment of a requirement that broadcasters provide on-air information to their viewers about the DTV transition, by compliance with one of three alternative sets of rules, and report those efforts to the Commission and the public. DATES: Effective June 26, 2008. ADDRESSES: Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information, please contact Lyle Elder, Lyle.Elder@fcc.gov, 202-418-2120, or Eloise Gore, *Eloise.Gore@fcc.gov* , 202-418-7200. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order in MB Docket No. 07-148, FCC 08-153, adopted June 12, 2008 and released June 16, 2008. The full text of this document is available for public inspection and copying during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street, SW., CY-A257, Washington, DC 20554. These documents will also be available via ECFS ( *http://www.fcc.gov/cgb/ecfs/* ). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) The complete text may be purchased from the Commission's copy contractor, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to *fcc504@fcc.gov* or call the Commission's Consumer and Governmental Affairs Bureau at
(202)418-0530 (voice),
(202)418-0432 (TTY). Summary of the Order I. Background 1. In this Order, we revise the location for filing Form 388, DTV Quarterly Activity Station Report. In the *DTV Consumer Education Order* , 73 FR 15431 (March 24, 2008), the Commission sought to ensure widespread consumer understanding of the benefits and mechanics of the transition by promoting a coordinated, national DTV consumer education campaign. One facet of this campaign was the establishment of a requirement that broadcasters provide on-air information to their viewers about the DTV transition, by compliance with one of three alternative sets of rules, and report those efforts to the Commission and the public. In particular, we required that the efforts be recorded on Form 388 and filed with the Commission via the Electronic Comment Filing System (ECFS). II. Discussion 2. The first filing under these rules was due on April 10, 2008. Based on broadcaster and Commission experience with that filing, we find that the Consolidated DataBase System
(CDBS)is a better database in which to file these forms. CDBS is more commonly used by broadcasters to file forms of this nature, and the electronic filing format simplifies both data entry by filers and review by the Commission. Therefore, in order to facilitate the reporting and review of broadcaster education efforts, this *Order* makes a procedural change to the consumer education rules and the instructions to Form 388. Beginning with the reports covering the second quarter of 2008, due July 10, 2008, Form 388 must be filed in CDBS, instead of ECFS. The change in the filing database creates no additional burden on broadcasters and all other requirements remain the same. III. Procedural Matters A. Paperwork Reduction Act Analysis 3. This Order was analyzed with respect to the Paperwork Reduction Act of 1995
(PRA)and does not contain a substantive or material modification to an information collection. Therefore, it does not require resubmission to the Office of Management and Budget. In addition, therefore, it does not contain any new or modified “information collection burden for small business concerns with fewer than 25 employees.” B. Additional Information 4. For more information on this *Report and Order* , please contact Lyle Elder, *Lyle.Elder@fcc.gov* of the Media Bureau, Policy Division, 202-418-2120, or Eloise Gore, *Eloise.Gore@fcc.gov* of the Media Bureau, 202-418-7200. IV. Ordering Clause *It is ordered* that, pursuant to the authority contained in sections 1, 4, and 303 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154, and 303, this Order *is adopted* and the Commission's rules and Form 388 *are hereby amended* as set forth in Appendices A and B, respectively. The non-substantive revisions to the rules in this Order will be effective June 25, 2008. List of Subjects in 47 CFR Part 73 Television. Federal Communications Commission. Marlene H. Dortch, Secretary. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336, and 339. 2. Section 73.3526 is amended by revising paragraph (e)(ii)(iv) to read as follows: § 73.3526 Local public inspection file of commercial stations.
(e)*Contents of the file* . (11)(iv) *DTV Transition Education Reports* . For full-power commercial TV broadcast stations, both analog and digital, on a quarterly basis, a completed Form 388, DTV Consumer Education Quarterly Activity Report. The Report for each quarter is to be placed in the public inspection file by the tenth day of the succeeding calendar quarter. By this date, a copy of the Report for each quarter must be filed electronically using the Commission's Consolidated DataBase System (CDBS). Stations electing to conform to the requirements of § 73.674(b) must also provide the form on the station's public Web site, if such exists. The Report shall be separated from other materials in the public inspection file. The first Report, covering the first quarter of 2008, must be filed no later than April 10, 2008. The Reports must continue to be included up to and including the quarter in which a station concludes its education campaign. These Reports shall be retained in the public inspection file for one year. Licensees and permittees shall publicize in an appropriate manner the existence and location of these Reports. 3. Section 73.3527 is amended by revising paragraph (e)(13) to read as follows: § 73.3527 Local public inspection file of noncommercial educational stations.
(e)*Contents of the file* .
(13)*DTV Transition Education Reports* . For full-power noncommercial educational TV broadcast stations, both analog and digital, on a quarterly basis, a completed Form 388, DTV Consumer Education Quarterly Activity Report. The Report for each quarter is to be placed in the public inspection file by the tenth day of the succeeding calendar quarter. By this date, a copy of the Report for each quarter must be filed electronically using the Commission's Consolidated DataBase System (CDBS). Stations electing to conform to the requirements of § 73.674(b) must also provide the form on the station's public Web site, if such exists. The Report shall be separated from other materials in the public inspection file. The first Report, covering the first quarter of 2008, must be filed no later than April 10, 2008. The Reports must continue to be included up to and including the quarter in which a station concludes its education campaign. These Reports shall be retained in the public inspection file for one year. Licensees and permittees shall publicize in an appropriate manner the existence and location of these Reports. [FR Doc. E8-14538 Filed 6-25-08; 8:45 am] BILLING CODE 6712-01-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106673-8011-02] RIN 0648-XI64 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by American Fisheries Act Catcher Processors Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by American Fisheries Act
(AFA)trawl catcher processors in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2008 Pacific cod total allowable catch
(TAC)specified for AFA trawl catcher processors in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 23, 2008, though 1200 hrs, A.l.t., December 31, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area
(FMP)prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2008 Pacific cod TAC allocated to AFA trawl catcher processors in the BSAI is 3,506 metric tons
(mt)as established by the 2008 and 2009 final harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2008 Pacific cod TAC allocated to AFA catcher processors in the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 0 mt, and is setting aside the remaining 3,506 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by AFA trawl catcher processors in the BSAI. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and
(f)apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of Pacific cod by AFA trawl catcher processors in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of June 20, 2008. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: June 23, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08-1390 Filed 6-23-08; 2:54 pm]
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31 references not yet in our index
  • 4 CFR 22
  • Pub. L. 95-563
  • 41 USC 601
  • Pub. L. 110-161
  • 121 Stat. 1844
  • 121 Stat. 2249
  • 7 CFR 1944
  • 7 CFR 11
  • Pub. L. 104-4
  • 7 CFR 1940
  • Pub. L. 91-190
  • 5 USC 601-612
  • Pub. L. 93-638
  • Pub. L. 92-512
  • Pub. L. 103-354
  • 14 CFR 71
  • 14 CFR 97
  • 1 CFR 51
  • 33 CFR 165
  • Pub. L. 104-121
  • 44 USC 3501-3520
  • 2 USC 1531-1538
  • 42 USC 4321-4370f
  • Pub. L. 107-295
  • 33 USC 1225
  • 33 USC 1232
  • 40 CFR 745
  • 5 USC 601-602
  • 47 CFR 73
  • 50 CFR 679
  • 50 CFR 600
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U.S.C.§ 1532
Fed. Reg.Notices
U.S.C.§ 301
Cite4 CFR 22
Pub. L.Pub. L. 95-563
Cite41 USC 601
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