Unknown. Notice of effective date

36,880 words·~168 min read·/register/2008/07/22/08-1457

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-2008-07-22.xml --- 73 141 Tuesday, July 22, 2008 Contents Agriculture Agriculture Department See Forest Service See Natural Resources Conservation Service Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, E8-16720 E8-16721 E8-16722 42576-42577 E8-16725 Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 42577-42579 E8-16777 E8-16778 Coast Guard Coast Guard RULES Annual Kennewick, Washington, Columbia Unlimited Hydroplane Races, 42526 E8-16677 Celebrate Milwaukie Fireworks Display, Portland, OR, 42526 E8-16676 Safety Zones: Festival of Sail San Francisco, San Francisco, CA., 42526-42529 E8-16674 NOTICES Meetings: Houston / Galveston Navigation Safety Advisory Committee, 42585-42586 E8-16769 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 42552 E8-16789 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 42552-42553 08-1457 Employment Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42597-42598 E8-16666 Energy Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration EPA Environmental Protection Agency RULES National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing, 42529-42532 E8-16746 National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List, 42533-42536 E8-16478 PROPOSED RULES National Oil and Hazardous Substances Pollution Contingency Plan: National Priorities List, 42539-42540 E8-16477 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42570-42571 E8-16739 Draft NPDES General Permits; Availability; Massachusetts And New Hampshire: Dewatering General Permit, 42571-42573 E8-16740 raft Demonstration of Alternative Asbestos Control Method Demolition, 42573-42574 E8-16745 Farm Farm Credit Administration RULES Eligibilities and Scopes of Financing;

Processing and Marketing; Effective Dates, 42517 E8-16772 FAA Federal Aviation Administration RULES Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 42520-42522 E8-16529 NOTICES Meetings: Cancellation; Executive Committee of the Aviation Rulemaking Advisory, 42650-42651 E8-16715 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42553-42555 E8-16709 Application:

Columbia Gas Transmission Corporation, 42555 E8-16695 Applications: Coastal Power, Inc., 42555-42556 E8-16701 PPL Montana, LLC, 42556-42557 E8-16704 Tennessee Gas Pipeline Co., 42557 E8-16693 Whitman River Dam, Inc., 42557-42558 E8-16702 E8-16703 Blanket Authorization: Arlington Wind Power Project LLC, 42558 E8-16707 Cloud County Wind Farm, 42558-42559 E8-16710 Green Energy Partners LLC, 42559 E8-16699 Huntrise Energy Fund LLC, 42559-42560 E8-16698 Rail Splitter Wind Farm LLC, 42560 E8-16708 Red Hills Wind Project, L.L.C., 42560 E8-16697 Wheat Field Wind Power Project LLC, 42560-42561 E8-16700 Combined Notice of Filings, 42561-42562 E8-16734 Eastern Shore Natural Gas Company:

Request Under Blanket Authorization, 42562 E8-16696 Environmental Impact Statements; Availability, etc.: Floridian Natural Gas Storage Company, LLC, 42562-42563 E8-16705 Filings: North American Electric Reliability Corp., 42563 E8-16694 Preliminary Permit Applications Accepted for Filing, Soliciting Comment, Motions to Intervene, and Competing Applications: FFP Ohio River 3, LLC et al., 42563-42564 E8-16691 FFP Ohio River 5, LLC et al., 42564 E8-16692 Self-Certification of Qualifying Status of a Cogeneration Facility, 42564 E8-16690 Technical Conference:

Columbia Gas Transmission Corp., 42565 E8-16706 Federal Housing Federal Housing Finance Board NOTICES Meetings; Sunshine Act, 42574 08-1453 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 42574 E8-16719 Formations of, Acquisitions by, and Mergers of Bank Holding Companies: WebFive, MHC and WebFive Financial Services, Inc. et al., 42574-42575 E8-16718 Fish Fish and Wildlife Service NOTICES Issuance of Permits, 42592-42593 E8-16711 Receipt of an Application for an Incidental Take Permit for Commercial Construction in Charlotte County, Florida, 42593 E8-16727 Receipt of Applications for Permit, 42593-42594 E8-16712 Forest Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 42542-42543 E8-16785 Meetings: Information on Proposed Rule for Management of Roadless Areas in Colorado, 42543 E8-16783 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Findings of Scientific Misconduct, 42575-42576 E8-16741 Health Health Resources and Services Administration NOTICES Advisory Commission of Childhood Vaccines:

Requests for Nominations for Voting Members, 42579 E8-16773 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42579-42583 E8-16774 E8-16779 E8-16780 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection NOTICES Meetings: Critical Infrastructure Partnership Advisory Council, 42585 E8-16659 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 42591-42592 E8-16754 Industry Industry and Security Bureau NOTICES Action Affecting Export Privileges: Ankair, et al., 42544-42545 E8-16425 Interior Interior Department See Fish and Wildlife Service IRS Internal Revenue Service RULES Farmer and Fisherman Income Averaging, 42522-42526 E8-16665 PROPOSED RULES Farmer and Fisherman Income Averaging, 42538-42539 E8-16664 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42651-42658 E8-16641 E8-16661 E8-16662 E8-16663 Meetings:

Ad Hoc IRS Forms and Publications/Language Services Issue Committee of the Taxpayer, 42658 E8-16653 Area 1 Taxpayer Advocacy Panel, 42658 E8-16648 Area 2 Taxpayer Advocacy Panel, 42658-42659 E8-16655 Area 3 Taxpayer Advocacy Panel, 42659 E8-16654 Area 4 Taxpayer Advocacy Panel, 42659 E8-16678 Area 5 Taxpayer Advocacy Panel, 42659 E8-16679 Area 6 Taxpayer Advocacy Panel, 42660 E8-16657 Area 7 Taxpayer Advocacy Panel, 42660 E8-16651 Joint Committee of the Taxpayer Advocacy Panel, 42660 E8-16670 Small Business/Self Employed - Taxpayer Burden Reduction Issue Committee of the Taxpayer Advocacy Panel, 42660-42661 E8-16649 Taxpayer Advocacy Panel Earned Income Tax Credit Issue Committee, 42661 E8-16650 Taxpayer Advocacy Panel Volunteer Income Tax Assistance

(VITA)Issue Committee, 42661 E8-16672 Taxpayer Assistance Center Committee of the Taxpayer Advocacy Panel, 42661 E8-16656 Wage & Investment Reducing Taxpayer Burden (Notices) Issue Committee of the Taxpayer, 42662 E8-16652 International International Trade Administration NOTICES Amended Final Affirmative Countervailing Duty Determinations and Countervailing Duty Orders: Circular Welded Carbon Quality Steel Pipe from People's Republic of China, 42545-42547 E8-16753 Antidumping Duty Orders: Circular Welded Carbon Quality Steel Pipe from People's Republic of China, 42547-42549 E8-16767 Applications for Duty-Free Entry of Scientific Instruments, 42549 E8-16763 Extensions of Time Limits for Final Results of Antidumping Duty Administrative Reviews: Circular Welded Carbon Steel Pipes and Tubes from Thailand, 42549-42550 E8-16768 Partial Rescissions of Antidumping Duty Administrative Reviews: Certain Activated Carbon from People's Republic of China, 42550-42551 E8-16765 International International Trade Commission NOTICES Revised Schedules for Subject Investigations: Certain Off-The-Road Tires From China, 42594 E8-16764 Justice Justice Department See National Institute of Corrections NOTICES Lodging of Consent Decrees Under the Safe Drinking Water Act: United States v. City of Middletown, NY; Civil Action No. 08 Civ. 6369

(SCR)(LMS), 42594-42595 E8-16736 Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration Millennium Millennium Challenge Corporation NOTICES Entering into a Compact with the Government of Burkina Faso, 42601-42626 E8-16755 Mine Mine Safety and Health Administration NOTICES Petitions for Modification, 42598-42601 E8-16669 National Institute National Institute of Corrections NOTICES Solicitation for a Cooperative Agreement to Develop a Series of Papers on Parole, 42595-42597 E8-16684 NIH National Institutes of Health NOTICES Meetings: Special Emphasis Panels— Center for Scientific Review; DNA Replication, Repair and Transcription, 42583-42584 E8-16510 National Eye Institute; Institutional Training Grant Applications, 42584 E8-16511 NOAA National Oceanic and Atmospheric Administration RULES Fisheries Off West Coast States: Modifications of West Coast Commercial Salmon Fishery; (Inseason Action 3 and 4), 42536-42537 E8-16784 PROPOSED RULES Fisheries in the Western Pacific: Western Pacific Pelagic Fisheries; Control Date; Hawaii Pelagic Charter Fishery, 42540-42541 E8-16786 NOTICES Issuance of Permits: Marine Mammals; (File No. 10045), 42551 E8-16781 Marine Mammals; (File No. 13392), 42551-42552 E8-16787 National Science National Science Foundation NOTICES Privacy Act; Systems of Records, 42626-42627 E8-16683 NRCS Natural Resources Conservation Service NOTICES Determination; Secretary of Agriculture: Primary Purpose of Pennsylvania's Upper Makefield Township Riparian Restoration and Preservation Grant Program, 42543-42544 E8-16748 Nuclear Nuclear Regulatory Commission NOTICES Draft Regulatory Guide; Issuance, Availability, 42627-42628 E8-16729 Intent To Prepare An Environmental Impact Statement: Prairie Island Nuclear Generating Plant, Units 1 And 2, 42628-42630 E8-16731 Meetings: Advisory Committee On Reactor Safeguards; CRS Subcommittee On ESBWR, 42630 E8-16728 Meetings; Sunshine Act, 42630-42631 08-1458 Railroad Railroad Retirement Board NOTICES Meetings: Actuarial Advisory Committee with Respect to the Railroad Retirement Account, 42631 E8-16587 SEC Securities and Exchange Commission NOTICES Filings: Options Price Reporting Authority, 42631-42634 E8-16750 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 42634-42638 E8-16747 International Securities Exchange, LLC, 42638-42640 E8-16686 NYSE Arca, Inc., 42640-42641 E8-16751 Philadelphia Stock Exchange, Inc., 42641-42645 E8-16685 The Depository Trust Co., 42645-42646 E8-16717 The Options Clearing Corporation, 42646-42648 E8-16687 Suspension of trading order: Typhoon Touch Technologies, Inc., 42648 08-1460 SBA Small Business Administration RULES Small Business Size Standards: Fuel Oil Dealers Industries, 42517-42520 E8-16658 NOTICES Disaster Declarations: Iowa, 42648 E8-16680 Small Business Size Standards: Waiver of the Nonmanufacturer Rule, 42648-42650 E8-16681 State State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Captured Emotions; Baroque Painting in Bologna 1575-1725, 42650 E8-16770 “Transcendent Art; Icons from Yaroslavl, Russia”, 42650 E8-16771 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42584-42585 E8-16726 Surface Surface Transportation Board NOTICES Abandonment Exemptions: Sault Ste. Marie Bridge Co.; Dickinson County, MI, 42651 E8-16735 Senior Executive Service Performance Review Board, 42651 E8-16682 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See United States Mint MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Domestic Violence Guidance Pamphlet for K Nonimmigrants, 42586-42590 E8-16521 Customs U.S. Customs and Border Protection NOTICES Accreditation and Approval of Camin Cargo Control, Inc, 42591 E8-16714 Accreditation and Approval of Intertek Usa, Inc., 42591 E8-16716 U.S. Mint United States Mint NOTICES Privacy Act; Systems of Records, 42662-42670 E8-16742 Western Western Area Power Administration NOTICES Washoe Project-Rate Order No. Wapa-136, 42565-42570 E8-16744 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. 73 141 Tuesday, July 22, 2008 Rules and Regulations FARM CREDIT ADMINISTRATION 12 CFR Part 613 RIN 3052-AC33 Eligibility and Scope of Financing; Processing and Marketing; Effective Date AGENCY: Farm Credit Administration. ACTION: Notice of effective date. SUMMARY: The Farm Credit Administration (FCA or Agency), through the FCA Board (Board), issued a final rule under part 613 on May 28, 2008 (73 FR 30460) amending our regulation governing financing of processing and marketing operations by Farm Credit System institutions under titles I and II of the Farm Credit Act of 1971, as amended. In accordance with 12 U.S.C. 2252, the effective date of the final rule is 30 days from the date of publication in the **Federal Register** during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulations is July 17, 2008. DATES: *Effective Date:* The regulation amending 12 CFR part 613 published on May 28, 2008 (73 FR 30460) is effective July 17, 2008. FOR FURTHER INFORMATION CONTACT: Barry Mardock, Associate Director, Office of Regulatory Policy, Farm Credit Administration, McLean, Virginia 22102-5090,

(703)883-4456, TTY

(703)883-4434, or Michael J. Duffy, Senior Policy Analyst, Office of Regulatory Policy, Farm Credit Administration, McLean, Virginia 22102-5090,

(952)854-7151, TTY

(952)854-2239, or Howard I. Rubin, Senior Counsel, Office of General Counsel, Farm Credit Administration, McLean, Virginia 22102-5090,

(703)883-4029, TTY

(703)883-4020. (12 U.S.C. 2252(a)(9) and (10)) Dated: July 17, 2008. Roland E. Smith, Secretary, Farm Credit Administration Board. [FR Doc. E8-16772 Filed 7-21-08; 8:45 am] BILLING CODE 6705-01-P SMALL BUSINESS ADMINISTRATION 13 CFR Parts 121 RIN 3245-AF67 Small Business Size Standards: Fuel Oil Dealers Industries AGENCY: U.S. Small Business Administration (SBA). ACTION: Final rule. SUMMARY: This rule revises the small business size standard for the Heating Oil Dealers industry (North American Industry Classification System (NAICS) code 454311) from $11.5 million in average annual receipts to 50 employees, and the size standard for the Liquefied Petroleum Gas (Bottled Gas) Dealers industry (NAICS code 454312) from $6.5 million in average annual receipts

(AAR)to 50 employees. These revised size standards stabilize the definition of the size of a small business in these industries based on a review of the latest available data on industry characteristics and other relevant information. DATES: *Effective Date:* This rule is effective on August 21, 2008. FOR FURTHER INFORMATION CONTACT: Diane Heal, Office of Size Standards,

(202)205-6618 or *sizestandards@sba.gov* . SUPPLEMENTARY INFORMATION: On October 31, 2007, SBA published in the **Federal Register** (72 FR 61574) a proposed change in the measure of the small business size standards for the Heating Oil Dealers from $11.5 million in AAR to 50 employees, and for the Liquefied Petroleum Gas

(LPG)(bottled gas) Dealers from $6.5 million in AAR to 50 employees. Based on SBA's evaluation of the public comments received to its October 31, 2007 proposed rule and on SBA's size standards analysis described in the proposed rule, SBA concludes that the proposed change to 50 employees is appropriate. Accordingly, this final rule adopts the proposed size standard of 50 employees for the heating oil and LPG dealers industries. Evaluation of Comments In response to its proposed rule, SBA received comments from one individual and three advocacy groups for the affected industries. One commenter recommended that SBA use an annual volumetric delivery to measure a heating oil dealer's size instead of revenues or employees. The commenter believes that not applying the same standard for all industries could potentially fail the disparate treatment justification, result in equal protection clause challenges, and encourage employment reductions by some businesses to remain an eligible small business for reduced hazardous material transportation registration fees. SBA is concerned that using a volumetric delivery measure would require heating oil dealers to keep separate records for size determination purposes. Also, that type of information is not independently verifiable in the case of an SBA size determination. The only data collected by government agencies regarding heating oil dealers are average weekly costs obtained from a random survey by state energy agencies and provided to the U.S. Department of Energy. Businesses in other industries where SBA uses size measures other than receipts or employees (e.g., megawatt hours for electric utilities, assets for financial institutions, and barrels of refined petroleum products for petroleum refineries) are legally required to report these data using those measures to an appropriate Federal agency. The use of volumetric delivery measure would also fail to capture other activities of the business and affiliation with other businesses in determining size. Because of these concerns, SBA believes that number of employees is a better measure of size than volumetric delivery and, therefore, does not adopt this recommendation. Comments from three advocacy groups for these two industries supported the conversion of the size measure from average annual receipts to average number of employees. Two of these advocacy groups, however, recommended that the size standard for heating oil dealers be increased from the proposed 50 employees to 100 employees. They believe that heating oil dealers with up to 100 employees are small given the labor-intensive operations of heating oil dealers and the need for multiple branch offices to serve their customers. However, these two groups did not provide any evidence or statistical data to support their assertion. The purpose of this rule is to convert the size standard to employees from the current measure in receipts, not increase the size standard. As explained in the proposed rule, the current size standard of $11.5 million for the heating oil dealers industry converts to 50 employees. Furthermore, at that size, more than 90 percent of heating oil dealers are classified as small and they account for approximately 53 percent of total industry sales. SBA concludes that a 50-employee size standard for heating oil dealers is a viable size standard and, therefore, declines to adopt the recommended 100-employee size standard. SBA will give further consideration to the heating oil and LPG dealers' size standards when it receives more current industry data from the U.S. Bureau of the Census in 2009. Compliance With Executive Orders 12866, 12988, and 13132, the Paperwork Reduction Act (44 U.S.C. Ch. 35), and the Regulatory Flexibility Act (5 U.S.C. 601-612) For purposes of Executive Order 12866, the Office of Management and Budget

(OMB)has determined that this rule is not a significant regulatory action. In addition, this rule is not a major rule under the Congressional Review Act, 5 U.S.C. 800. For purposes of Executive Order 12988, SBA has determined that this rule is drafted, to the extent practicable, in accordance with the standards set forth in that Order. For purposes of Executive Order 13132, SBA has determined that this rule does not have any federalism implications warranting the preparation of a federalism assessment. For purposes of the Paperwork Reduction Act, 44 U.S.C. Ch. 35, SBA has determined that this rule does not impose new reporting or recordkeeping requirements. Although the measure of size changes from receipts to number of employees, business concerns must maintain records on employees (such as payroll records) in the course of business. Providing information to SBA on the number of employees would occur only as a result of a request for a size determination related to an application for small business assistance. Final Regulatory Flexibility Analysis Under the Regulatory Flexibility Act, this rule may have a significant impact on a substantial number of small entities in the heating oil and LPG dealers industries. This rule may affect the eligibility of heating oil and LPG dealers seeking SBA 7(a) Loans, SBA Economic Impact Disaster Loans, reduced U.S. Department of Transportation's Hazardous Materials (HAZMAT) Registration Program fees, and assistance from other Federal small business programs. Immediately below, SBA sets forth a final regulatory flexibility analysis of this final rule addressing the following questions:

(1)What is the reason for this action,

(2)what are the objectives and legal basis for the rule,

(3)what are SBA's description and estimate of the number of small entities to which the rule will apply,

(4)what are the significant issues raised by the public in response to the Initial Regulatory Flexibility Analysis in the October 31, 2005 proposed rule,

(5)will this rule impose any additional reporting or recordkeeping requirements on small business entities,

(6)what are the relevant Federal rules which may duplicate, overlap or conflict with the rule, and

(7)what alternatives did SBA consider? 1. *What is the reason for this action?* Significant increases and fluctuations in crude oil costs render a receipts-based size standard for the heating oil and LGP dealers industries an unsuitable measure of a dealer's level of business activity. Converting the existing receipts-based size standard to an employee-based size standard provides a more accurate measure of the operations of a heating oil dealer and LPG dealer, ensuring a more stable small business designation to dealers of these fuel products. 2. *What are the objectives and legal basis for the rule?* The purpose of this rule is to convert the existing receipts-based size standard to an employee-based size standard to provide a more stable designation and accurate measure of the operations of a heating oil dealer and LPG dealer. Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) gives SBA the authority to establish and change size standards. Under the current measure, heating oil or LPG dealers are abruptly exceeding the size standard due to large and unpredictable increases in crude oil costs, even though they continue to deliver the same quantity of fuel products. This occurs because dealers pass through the increased costs to their customers in the form of higher prices. Therefore, dealers' receipts are considerably increased through outside forces. 3. *What are SBA's description and estimate of the number of small entities to which the rule will apply?* Based on data from the SBA's special tabulation of the U.S. Bureau of the Census's 2002 Economic Census, there were 3,729 small heating oil dealers and 2,005 small LPG dealers under the existing size standards. Taking into account historical trends of residential heating oil and propane prices between 2002 and 2007, 349 heating oil dealers and 269 LPG dealers may exceed the existing size standard due solely to higher receipts generated by higher prices. Establishing the employee-based size standard for these two industries will restore the small business eligibility of those dealers. 4. *What are the significant issues raised by the public in response to the Initial Regulatory Flexibility Analysis in the October 31, 2007, proposed rule?* The public raised no significant issues in response to the Initial Regulatory Flexibility Analysis in the October 31, 2007, proposed rule. There were four commenters to the proposed rule. Three commenters supported the conversion of the size standard from receipts-based to employee-based. SBA has summarized the comments above in the supplemental information. 5. *Will this rule impose any additional reporting or recordkeeping requirements on small business entities?* Establishing an employee-based size standard for heating oil and LPG dealers does not impose any additional reporting, recordkeeping, or compliance requirements on small entities. Although the measure of size changes from receipts to number of employees, business concerns must maintain records on employees in the course of business. In response to a request for a size determination related to an application for small business assistance, small businesses must provide information on receipts or number of employees. This final rule does not create a new requirement to provide size information, only what type of information that is requested in reviewing a business concern's size. Section 212 of the Small Business Regulatory Fairness Act (Pub. L. 104-121) requires an agency to publish one or more “small entity compliance guides” to assist small entities in complying with its rules. Although there are not new compliance requirements associated with small business size standards, there may be some small businesses not acquainted with small business size standards and their application to Federal procurement and other Federal government programs. Therefore, SBA has published both its “Small Business Size Regulations” and its “Guide to Size Standards” to provide this assistance. Both of these are available on SBA's Web site at *http://www.sba.gov/size* by selecting on the right hand side of the page “Size Regulations” and “Guide to Size Standards.” 6. *What are the relevant Federal rules that may duplicate, overlap, or conflict with the rule?* This rule does not overlap with other Federal rules that use SBA's size standards to define a small business. Under Section 3(a)(2)(C) of the Small Business Act, 15 U.S.C. 632(a)(2)(c), unless specifically authorized by statute, Federal agencies must use SBA's size standards to define a small business. The Federal Acquisition Regulation (FAR), Part 19, governs Federal procurement and the use of the various available small business programs. All Federal agencies must follow FAR Part 19 in their procurement activities, in the absence of statutory authority to do otherwise. In 1995, SBA published in the **Federal Register** a list of statutory and regulatory size standards that identified the application of SBA's size standards as well as other size standards used by Federal agencies (60 FR 57988-57991, dated November 24, 1995). SBA is not aware of any Federal rule that would duplicate or conflict with establishing size standards. Other Federal agencies also may use SBA size standards for a variety of regulatory and program purposes. If such a case exists where an SBA size standard is not appropriate, an agency may establish its own size standards with the approval of the SBA Administrator (see 13 CFR 121.902-903). For purposes of a regulatory flexibility analysis, agencies must consult with SBA's Office of Advocacy when developing size standards for its programs. (13 CFR 121.903(3)). 7. *What alternatives did SBA consider?* As discussed in the proposed rule, SBA considered using the already established 500-employee size standard for the manufacturing sector or the 100-employee size standard for the wholesale sector. In addition, two of the comments recommended that SBA establish a 100-employee size standard for heating oil dealers. SBA analyzed the heating oil dealers industry, and 500- and 100-employee size standards would represent significant increases to the size standard for the heating oil dealers industry. At this time, industry data do not support higher standards. At 50 employees, more than 90 percent of heating oil dealers qualify as small and they obtained more than half of total industry sales. SBA also considered one commenter's recommended use of annual volumetric delivery as a measure for the size standard. Using this measure would require companies to keep separate records which are not verifiable for size determination purposes. The only data collected by government agencies regarding heating oil and LPG are the average weekly costs, which is performed using a random survey by state agencies which forward the data to the U.S. Department of Energy. Therefore, there is no reliable data measuring a firm's annual volumetric delivery. Also, that measure would not capture the activities of the business outside of heating oil and LPG deliveries or the size of any affiliates. For these reasons, SBA did not adopt this recommendation. List of Subjects in 13 CFR part 121 Administrative practice and procedure, Government procurement, Government property, Grant programs—business, Individuals with disabilities, Loan programs—business, Reporting and recordkeeping requirements, Small businesses. For the reasons set forth in the preamble, SBA amends 13 CFR part 121 as follows: PART 121—SMALL BUSINESS SIZE REGULATIONS 1. The authority citation for part 121 continues to read as follows: Authority: 15 U.S.C. 632, 634(b)(6), 636(b), 637(a), 644, and 662(5); and Pub. L. 105-135, Sec. 401, *et seq.,* 111 Stat, 2592. 2. In § 121.201, in the table “Small Business Size Standards by NAICS Industry,” under the heading “Sector 44-45—Retail Trade,” “Subsector 454—Nonstore Retailers,” revise the entries for 454311 and 454312 to read as follows: § 121.201 What size standards has SBA identified by North American Industry Classification System codes? Small Business Size Standards by NAICS Industry NAICS codes NAICS U.S. industry title Size standards in millions of dollars Size standards in number of employees * * * * * * * *Sector 44-45—Retail Trade* * * * * * * * *Subsector 454—Nonstore Retailing* * * * * * * * 454311 Heating Oil Dealers 50 454312 Liquefied Petroleum Gas (Bottled Gas) Dealers 50 * * * * * * * Dated: July 15, 2008. Jovita Carranza, Acting Administrator. [FR Doc. E8-16658 Filed 7-21-08; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30618; Amdt. No. 3278] 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 July 22, 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 July 22, 2008. ADDRESSES: Availability of matters 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 and Takeoff Minimums and ODPs 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 Divisions, 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 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS. The complete regulators' description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A. The large number of SIAPs, Takeoff Minimums and ODPs, in addition to their complex nature and the need for a special format make publication in the **Federal Register** expensive and impractical. Furthermore, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their depiction on charts printed by publishers of aeronautical materials. This way, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA forms is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAPs and the effective dates of the Associated Takeoff Minimums and ODPs. 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, Takeoff Minimums and ODP as contained in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center

(FDC)Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPS and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided. Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPS and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedures before adopting these SIAPs, Takeoff Minimums and ODPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making some 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 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. 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 July 11, 2008. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, Under Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or revoking Standard Instrument Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure Procedures effective at 0902 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: * * * Effective 28 AUG 2008 Fremont, MI, Fremont Muni, RNAV

(GPS)RWY 18, Amdt 1A Fremont, MI, Fremont Muni, RNAV

(GPS)RWY 36, Amdt 1A Marshall, MO, Marshall Memorial Muni, NDB RWY 36, Amdt 3 Marshall, MO, Marshall Memorial Muni, RNAV

(GPS)RWY 18, Amdt 2 Marshall, MO, Marshall Memorial Muni, RNAV

(GPS)RWY 36, Amdt 2 * * * Effective 25 SEP 2008 Barter Island, AK, Barter Island, LRRS, NDB RWY 7, Orig Ketchikan, AK, Ketchikan Intl, GPS-B, Orig, CANCELLED Ketchikan, AK, Ketchikan Intl, ILS OR LOC/DME Y RWY 11, Amdt 7 Ketchikan, AK, Ketchikan Intl, LOC/DME X RWY 11, Orig Ketchikan, AK, Ketchikan Intl, NDB/DME-A, Amdt 6B, CANCELLED Ketchikan, AK, Ketchikan Intl, RNAV

(GPS)RWY 11, Orig Ketchikan, AK, Ketchikan Intl, RNAV (GPS)-B, Orig Ketchikan, AK, Ketchikan Intl, Takeoff Minimums and Obstacle DP, Amdt 7 King Salmon, AK, King Salmon, ILS OR LOC/DME RWY 12, Amdt 17 King Salmon, AK, King Salmon, LOC/DME BC RWY 30, Amdt 4 King Salmon, AK, King Salmon, RNAV

(GPS)RWY 12, Amdt 1 King Salmon, AK, King Salmon, RNAV

(GPS)RWY 30, Amdt 1 King Salmon, AK, King Salmon, RNAV

(GPS)Y RWY 29, ORIG-A, CANCELLED King Salmon, AK, King Salmon, Takeoff Minimums and Obstacle DP, Amdt 1 King Salmon, AK, King Salmon, VOR/DME OR TACAN RWY 30, Amdt 10 King Salmon, AK, King Salmon, VOR OR TACAN RWY 12, Amdt 13 Venetie, AK, Venetie, RNAV

(GPS)RWY 4, Orig-A Huntsville, AL, Huntsville Intl-Carl T Jones Fld, ILS OR LOC RWY 18L, Amdt 4 Huntsville, AL, Huntsville Intl-Carl T Jones Fld, ILS OR LOC RWY 18R, ILS RWY 18R (CAT II), ILS RWY 18R (CAT III), Amdt 24 Huntsville, AL, Huntsville Intl-Carl T Jones Fld, ILS OR LOC RWY 36L, Amdt 10 Huntsville, AL, Huntsville Intl-Carl T Jones Fld, ILS OR LOC RWY 36R, Amdt 2 Huntsville, AL, Huntsville Intl-Carl T Jones Fld, RNAV

(GPS)RWY 18L, Amdt 1 Huntsville, AL, Huntsville Intl-Carl T Jones Fld, RNAV

(GPS)RWY 18R, Amdt 1 Huntsville, AL, Huntsville Intl-Carl T Jones Fld, RNAV

(GPS)RWY 36L, Amdt 1 Huntsville, AL, Huntsville Intl-Carl T Jones Fld, RNAV

(GPS)RWY 36R, Amdt 1 Huntsville, AL, Huntsville Intl-Carl T Jones Fld, RNAV

(GPS)Y RWY 18L, Orig, CANCELLED Huntsville, AL, Huntsville Intl-Carl T Jones Fld, RNAV

(GPS)Y RWY 36L, Orig, CANCELLED Huntsville, AL, Huntsville Intl-Carl T Jones Fld, RNAV

(GPS)Y RWY 36R, Orig, CANCELLED Huntsville, AL, Huntsville Intl-Carl T Jones Fld, RNAV

(GPS)Z RWY 18L, Orig, CANCELLED Huntsville, AL, Huntsville Intl-Carl T Jones Fld, RNAV

(GPS)Z RWY 36L, Orig, CANCELLED Huntsville, AL, Huntsville Intl-Carl T Jones Fld, RNAV

(GPS)Z RWY 36R, Orig, CANCELLED Fort Myers, FL, Page Field, RADAR-1, Amdt 3A, CANCELLED Orlando, FL, Orlando Sanford Intl, Takeoff Minimums and Obstacle DP, Amdt 9 Sarasota (Bradenton), FL, Sarasota/Bradenton Intl, ILS OR LOC RWY 14, Amdt 5 Sarasota (Bradenton), FL, Sarasota/Bradenton Intl, ILS OR LOC RWY 32, Amdt 7 Sarasota (Bradenton), FL, Sarasota/Bradenton Intl, RNAV

(GPS)RWY 4, Amdt 1 Sarasota (Bradenton), FL, Sarasota/Bradenton Intl, RNAV

(GPS)RWY 14, Amdt 2 Sarasota (Bradenton), FL, Sarasota/Bradenton Intl, RNAV

(GPS)RWY 22, Amdt 1 Sarasota (Bradenton), FL, Sarasota/Bradenton Intl, RNAV

(GPS)RWY 32, Amdt 2 Sarasota (Bradenton), FL, Sarasota/Bradenton Intl, Takeoff Minimums and Obstacle DP, Amdt 1 Sarasota (Bradenton), FL, Sarasota/Bradenton Intl, VOR RWY 14, Amdt 17 Sarasota (Bradenton), FL, Sarasota/Bradenton Intl, VOR RWY 22, Amdt 10D, CANCELLED Sarasota (Bradenton), FL, Sarasota/Bradenton Intl, VOR RWY 32, Amdt 9 Tampa, FL, Peter O. Knight, RNAV

(GPS)RWY 35, Amdt 1 Vidalia, GA, Vidalia Rgnl, RNAV

(GPS)RWY 24, Amdt 1 Caldwell, ID, Caldwell Industrial, RNAV

(GPS)RWY 12, Amdt 1 Caldwell, ID, Caldwell Industrial, RNAV

(GPS)RWY 30, Amdt 1 Gooding, ID, Gooding Muni, RNAV

(GPS)RWY 7, Orig Gooding, ID, Gooding Muni, RNAV

(GPS)RWY 25, Orig Gooding, ID, Gooding Muni, Takeoff Minimums and Obstacle DP, Orig Columbus, IN, Columbus Muni, RNAV

(GPS)RWY 14, Amdt 1 Columbus, IN, Columbus Muni, Takeoff Minimums and Obstacle DP, Orig South Bend, IN, South Bend Rgnl, RADAR-1, Amdt 10, CANCELLED Vincennes, IN, O'Neal, NDB OR GPS-A, Amdt 5, CANCELLED Vincennes, IN, O'Neal, Takeoff Minimums and Obstacle DP, Amdt 1, CANCELLED Manhattan, KS, Manhattan Rgnl, NDB OR GPS-A, Amdt 19C, CANCELLED Olathe, KS, Johnson County Executive, VOR RWY 36, Amdt 11A CANCELLED Parsons, KS, Tri-City, RNAV

(GPS)RWY 17, Amdt 1 Parsons, KS, Tri-City, RNAV

(GPS)RWY 35, Amdt 1 Parsons, KS, Tri-City, Takeoff and Minimums and Obstacle DP, Orig Alexandria, LA, Esler Rgnl, NDB RWY 26, Orig Hancock, MI, Houghton County Memorial, ILS OR LOC RWY 31, Amdt 14 Hancock, MI, Houghton County Memorial, LOC/DME BC RWY 13, Amdt 12 International Falls, MN, Falls Intl, VOR/DME RWY 31, Amdt 5 Rugby, ND, Rugby Muni, NDB RWY 12, Amdt 5, CANCELLED Rugby, ND, Rugby Muni, NDB RWY 30, Amdt 6A, CANCELLED Oshkosh, NE, Garden County, RNAV

(GPS)RWY 12, Amdt 2 Oshkosh, NE, Garden County, RNAV

(GPS)RWY 30, Amdt 1 Thedford, NE, Thomas County, RNAV

(GPS)RWY 11, Amdt 1 Thedford, NE, Thomas County, RNAV

(GPS)RWY 29, Amdt 1 Thedford, NE, Thomas County, Takeoff Minimums and Obstacle DP, Amdt 1 Thedford, NE, Thomas County, VOR RWY 11, Amdt 2 Thedford, NE, Thomas County, VOR/DME RWY 29, Amdt 1 Cincinnati, OH, Cincinnati Muni Airport—Lunken Field, Takeoff Minimums and Obstacle DP, Amdt 13 Tulsa, OK, Richard Lloyd Jones Jr, ILS OR LOC RWY 1L, Amdt 1A Miller, SD, Miller Muni, Takeoff Minimums and Obstacle DP, Orig Jackson, TN, McKeller-Sipes Regional, LOC BC RWY 20, Amdt 5B, CANCELLED Hillsboro, TX, Hillsboro Muni, RNAV

(GPS)RWY 16, Amdt 1 Hillsboro, TX, Hillsboro Muni, RNAV

(GPS)RWY 34, Amdt 1 Tacoma, WA, Tacoma Narrows, GPS RWY 17, Orig-A, CANCELLED Tacoma, WA, Tacoma Narrows, RNAV

(GPS)RWY 17, Orig Osceola, WI, L O Simenstad Muni, NDB RWY 28, Amdt 11, CANCELLED On May 16, 2008 (73 FR 30769) the FAA published an Amendment in Docket No. 30609, Amdt. No. 3270 to Part 97 of the Federal Aviation Regulations under sections 97.23 effective July 31, 2008 which are hereby rescinded: Bethel, AK, Bethel, ILS OR LOC/DME RWY 19R, Amdt 6 Bethel, AK, Bethel, LOC/DME BC RWY 1L, Amdt 6 Bethel, AK, Bethel, NDB RWY 18, Amdt 8C, CANCELLED Bethel, AK, Bethel, RNAV

(GPS)RWY 1L, Amdt 1 Bethel, AK, Bethel, RNAV

(GPS)RWY 1R, Orig Bethel, AK, Bethel, RNAV

(GPS)RWY 19L, Orig Bethel, AK, Bethel, RNAV

(GPS)RWY 19R, Amdt 1 Bethel, AK, Bethel, RNAV (GPS)-A, Amdt 1 Bethel, AK, Bethel, Takeoff Minimums and Obstacle DP, Amdt 3 Bethel, AK, Bethel, VOR RWY 18, Amdt 8C, CANCELLED Bethel, AK, Bethel, VOR/DME RWY 1L, Amdt 2 Bethel, AK, Bethel, VOR/DME RWY 19R, Amdt 2 Bethel, AK, Bethel, VOR/DME-B, Orig-A, CANCELLED [FR Doc. E8-16529 Filed 7-21-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9417] RIN 1545-BE39 Farmer and Fisherman Income Averaging AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final and temporary regulations. SUMMARY: This document contains final and temporary regulations under section 1301 of the Internal Revenue Code

(Code)relating to the averaging of farm and fishing income in computing income tax liability. The regulations reflect changes to the law made by the American Jobs Creation Act of 2004. The regulations provide guidance to individuals engaged in a farming or fishing business who elect to reduce their tax liability by treating all or a portion of the current taxable year's farm or fishing income as if one-third of it had been earned in each of the prior three taxable years. The text of the temporary regulations in this document also serves as the text of proposed regulations set forth in a notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the **Federal Register** . DATES: *Effective Date:* These regulations are effective on July 22, 2008. *Applicability Dates:* For dates of applicability, see §§ 1.1301-1(g) and 1.1301-1T(g). FOR FURTHER INFORMATION CONTACT: Amy Pfalzgraf,

(202)622-4950 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background This document contains final and temporary amendments to the Income Tax Regulations (26 CFR part 1) under section 1301. For taxable years beginning after December 31, 1997, section 1301 provides that individual taxpayers engaged in a farming business may elect to compute their income tax liability under section 1 by treating all or a portion of their taxable income from the trade or business of farming as if one-third of it had been earned in each of the prior three taxable years. Section 314(b) of the American Jobs Creation Act of 2004 (AJCA), Public Law 108-357 (118 Stat. 1468), amended section 1301 to permit fishermen to make a farm income averaging election. Section 1301(b)(1)(A) now provides that the income eligible for averaging includes income attributable to a fishing business. *Fishing business* is defined in section 1301(b)(4) as the conduct of commercial fishing as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1802. The Magnuson-Stevens Act defines *commercial fishing* as fishing in which the fish harvested are intended to or do enter commerce through sale, barter, or trade. 16 U.S.C. 1802(4). *Fishing* is defined as the catching, taking, or harvesting of fish; the attempted catching, taking, or harvesting of fish; activities that reasonably can be expected to result in the catching, taking, or harvesting of fish; or any operations at sea in support of, or in preparation for, the catching, taking, or harvesting of fish. Fishing does not include any scientific research activity conducted by a scientific research vessel. 16 U.S.C. 1802(15). *Fish* is defined as finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, other than marine mammals and birds. 16 U.S.C. 1802(12). Under 50 CFR 600.10, the terms *catch, take, or harvest* include activities that result in the killing of fish or the bringing of live fish on board a vessel. Section 314(a) of the AJCA amended section 55(c) to provide that the farm income averaging election is disregarded in computing the regular tax liability for purposes of calculating the alternative minimum tax (AMT). As a result, the reduction in regular tax liability resulting from a farm income averaging election will not be offset by a corresponding increase in the AMT. Section 1.1301-1 of the Income Tax Regulations provides guidance on income averaging for farmers under the rules in effect before the AJCA amendments. Explanation of Provisions These temporary regulations provide guidance on the AJCA changes to the income averaging rules. In addition, conforming changes are made to the final regulations in § 1.1301-1. Definition of Fishing Business Section 1301(b)(4) defines *fishing business* by reference to section 3 of the Magnuson-Stevens Act. The definition of fishing business in these temporary regulations follows the definitions in the Magnuson-Stevens Act and the regulations under that Act. Thus, fishing includes catching, taking, or harvesting activities that result in the killing of fish or the bringing of live fish on board a vessel, but does not include the processing of fish. Amount of Income Eligible for Averaging Section 1301(b)(1)(A) provides that income attributable to any farming business or fishing business is eligible for income averaging. These temporary regulations clarify that the maximum amount of income that an individual may elect to average is the total of the individual's farm and fishing income and gains, reduced by any farm and fishing deductions or losses allowed as a deduction in computing taxable income. Therefore, a taxpayer engaged in both a farming business and a fishing business must combine income, gains, deductions, and losses from both the farming business and the fishing business to determine the maximum amount of income that is eligible for averaging. Lessors of Vessels Used for Fishing The rental income of a landlord that is based on a share of a tenant's production is subject to fluctuations in the farm economy to the same extent as that of a farmer. Therefore, § 1.1301-1(b)(2) provides that a landlord is engaged in a farming business if this arrangement is established in a written agreement before the tenant begins significant activities on the land. These temporary regulations similarly provide that a lessor of a vessel is engaged in a fishing business within the meaning of section 1301(b)(4) if the payment due to the lessor under the lease is based on a share of the lessee's catch (or a share of the proceeds from the sale of the catch) and the lease is a written agreement entered into before the lessee begins significant fishing activities resulting in the shared catch. A fixed lease payment is not eligible for income averaging. Crewmembers The income of crewmembers on vessels engaged in fishing also is subject to fluctuations in the fishing economy if the crewmembers' compensation is based on a share of the vessel's catch of fish or a share of the proceeds from the sale of the catch. Accordingly, these temporary regulations provide that these crewmembers are engaged in a fishing business, whether or not they are treated as employees for employment tax purposes. Deposits Into Merchant Marine Capital Construction Fund Section 7518(c)(1)(A) provides that certain deposits into a Merchant Marine Capital Construction Fund

(CCF)reduce taxable income for purposes of the Code (the CCF reduction). These temporary regulations provide that, for purposes of income averaging computations, the CCF reduction also reduces taxable income. In addition, except to the extent that the amount of the CCF deposit is determined by reference to income from maritime operations other than fishing, the CCF reduction also reduces the amount of income that is eligible for income averaging. Effective/Applicability Date These temporary regulations apply for taxable years beginning after July 22, 2008. However, taxpayers may apply the temporary regulations in taxable years beginning after December 31, 2003, but before July 23, 2008, if all provisions are consistently applied in each taxable year. Special Analyses It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations. For the applicability of the Regulatory Flexibility Act (5 U.S.C. chapter 6) please refer to the cross-reference notice of proposed rulemaking published elsewhere in this issue of the **Federal Register** . Pursuant to section 7805(f), these regulations have been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on their impact on small business. Drafting Information The principal author of these regulations is Amy Pfalzgraf of the Office of the Associate Chief Counsel (Income Tax & Accounting). However, other personnel from the IRS and Treasury Department participated in their development. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Amendments to the Regulations Accordingly, 26 CFR part 1 is amended as follows: PART 1—INCOME TAXES **Paragraph 1.** The authority citation for part 1 is amended by adding an entry in numerical order to read in part as follows: Authority: 26 U.S.C. 7805 * * * Section 1.1301-1T also issued under 26 U.S.C. 1301(c). * * * **Par. 2.** Section 1.1301-1 is amended by: 1. Adding new paragraphs (b)(3) and (d)(4). 2. Revising paragraph (g). The additions and revision read as follows: § 1.1301-1 Averaging of farm income.

(b)* * *

(3)[Reserved]. For further guidance, see § 1.1301-1T(b)(3).

(d)* * *

(4)[Reserved]. For further guidance, see § 1.1301-1T(d)(4).

(g)*Effective/applicability date* .

(1)Except as provided in paragraphs (b)(2), (g)(2), and (g)(3) of this section and § 1.1301-1T(g)(2), this section applies to taxable years beginning after December 31, 2001.

(2)Paragraphs (a), (b)(1), (c)(1), (d)(3)(ii), (e), (f)(2), and (f)(4) of this section apply only for taxable years beginning before July 23, 2008. For taxable years beginning after July 22, 2008, see § 1.1301-1T.

(3)Paragraphs (b)(3) and (d)(4) of this section apply for taxable years beginning after July 22, 2008. **Par. 3.** Section 1.1301-1T is added to read as follows: § 1.1301-1T Averaging of farm and fishing income (temporary).

(a)*Overview* . An individual engaged in a farming or fishing business may make a farm income averaging election to compute current year (election year) income tax liability under section 1 by averaging, over the prior three-year period (base years), all or a portion of the individual's current year electible farm income as defined in paragraph

(e)of this section. Electible farm income includes income from both farming and fishing businesses, and the farm income averaging election permits the averaging of both farm and fishing income. An individual that makes a farm income averaging election—

(1)Designates all or a portion of the individual's electible farm income for the election year as elected farm income; and

(2)Determines the election year section 1 tax by determining the sum of—

(i)The section 1 tax that would be imposed for the election year if taxable income for the year were reduced by elected farm income; plus

(ii)For each base year, the amount by which the section 1 tax would be increased if taxable income for the year were increased by one-third of elected farm income.

(b)*Individual engaged in a farming or fishing business* —(1) *In general* —(i) *Farming or fishing business* . *Farming business* has the same meaning as provided in section 263A(e)(4) and the regulations under that section. *Fishing business* means the conduct of commercial fishing as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(4)). Accordingly, a fishing business is fishing in which the fish harvested are intended to or do enter commerce through sale, barter, or trade. *Fishing* means the catching, taking, or harvesting of fish; the attempted catching, taking, or harvesting of fish; any activities that reasonably can be expected to result in the catching, taking, or harvesting of fish; or any operations at sea in support of or in preparation for the catching, taking, or harvesting of fish. Fishing does not include any scientific research activity conducted by a scientific research vessel. *Fish* means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, other than marine mammals and birds. *Catching, taking, or harvesting* includes activities that result in the killing of fish or the bringing of live fish on board a vessel.

(ii)*Form of business* . An individual engaged in a farming or fishing business includes a sole proprietor of a farming or fishing business, a partner in a partnership engaged in a farming or fishing business, and a shareholder of an S corporation engaged in a farming or fishing business. Except as provided in paragraph (e)(1)(i) of this section, services performed as an employee are disregarded in determining whether an individual is engaged in a farming or fishing business for purposes of section 1301.

(iii)*Base years* . An individual is not required to have been engaged in a farming or fishing business in any of the base years in order to make a farm income averaging election.

(2)[Reserved]. For further guidance, see § 1.1301-1(b)(2).

(3)*Lessors of vessels used in fishing* . A lessor of a vessel is engaged in a fishing business for purposes of section 1301 with respect to payments that are received under the lease and are based on a share of the catch from the lessee's use of the vessel in a fishing business (or a share of the proceeds from the sale of the catch) if this manner of payment is determined under a written lease agreement entered into before the lessee begins any significant fishing activities resulting in the catch. A lessor of a vessel is not engaged in a fishing business for purposes of section 1301 with respect to fixed lease payments or with respect to lease payments based on a share of the lessee's catch (or a share of the proceeds from the sale of the catch) if the share is determined under either an unwritten agreement or a written agreement entered into after the lessee begins significant fishing activities resulting in the catch.

(c)*Making, changing, or revoking an election* —(1) *In general* . A farm income averaging election is made by filing Schedule J, “Income Averaging for Farmers and Fishermen,” with an individual's Federal income tax return for the election year (including a late or amended return if the period of limitation on filing a claim for credit or refund has not expired).

(2)[Reserved]. For further guidance, see § 1.1301-1(c)(2). (d)(1) through (3)(i) [Reserved]. For further guidance, see § 1.1301-1(d)(1) through (3)(i).

(ii)*Example* . The rules of this paragraph (d)(3) are illustrated by the following example: Example.

(i)T is a fisherman who uses the calendar taxable year. In each of the years 2001, 2002, and 2003, T's taxable income is $20,000. In 2004, T has taxable income of $30,000 (prior to any farm income averaging election) and electible farm income of $10,000. T makes a farm income averaging election with respect to $9,000 of the electible farm income for 2004. Under paragraph (a)(2)(ii) of this section, $3,000 of elected farm income is allocated to each of the base years 2001, 2002, and 2003. Under paragraph (a)(2) of this section, T's 2004 tax liability is the sum of the following amounts:

(A)The section 1 tax on $21,000, which is T's taxable income of $30,000, minus elected farm income of $9,000.

(ii)In 2005, T has taxable income of $50,000 and electible farm income of $12,000. T makes a farm income averaging election with respect to all $12,000 of the electible farm income for 2005. Under paragraph (a)(2)(ii) of this section, $4,000 of elected farm income is allocated to each of the base years 2002, 2003, and 2004. Under paragraph (a)(2) of this section, T's 2005 tax liability is the sum of the following amounts:

(A)The section 1 tax on $38,000, which is T's taxable income of $50,000, minus elected farm income of $12,000.

(B)For each of base years 2002 and 2003, the amount by which section 1 tax would be increased if, after adjustments for previous farm income averaging elections pursuant to paragraph (d)(3)(i) of this section, one-third of elected farm income were allocated to each year. The amount for each year is the section 1 tax on $27,000 (T's taxable income of $20,000 increased by $3,000 for T's 2004 farm income averaging election and further increased by $4,000, which is one-third of elected farm income for the 2005 election year), minus the section 1 tax on $23,000 (T's taxable income of $20,000 increased by $3,000 for T's 2004 farm income averaging election).

(C)For base year 2004, the amount by which section 1 tax would be increased if, after adjustments for previous farm income averaging elections pursuant to paragraph (d)(3)(i) of this section, one-third of elected farm income were allocated to that year. This amount is the section 1 tax on $25,000 (T's taxable income of $30,000 reduced by $9,000 for T's 2004 farm income averaging election and increased by $4,000, which is one-third of elected farm income for the 2005 election year), minus the section 1 tax on $21,000 (T's taxable income of $30,000 reduced by $9,000 for T's 2004 farm income averaging election).

(4)*Deposits into Merchant Marine Capital Construction Fund—*

(i)*Reductions to taxable income and electible farm income* . Under section 7518(c)(1)(A), certain deposits to a Merchant Marine Capital Construction Fund

(CCF)reduce taxable income for purposes of the Code (the CCF reduction). The amount of the CCF reduction is limited under section 7518(a)(1)(A) to the taxpayer's taxable income (determined without regard to the reduction) attributable to specified maritime operations including operations in fisheries of the United States. The CCF reduction is taken into account in determining the taxable income used in computations under this section. In addition, except to the extent the amount described in section 7518(a)(1)(A) is not attributable to the individual's fishing business, the CCF reduction is treated in computing electible farm income as an item of deduction attributable to the individual's fishing business.

(ii)*Example* . The rules of this paragraph (d)(4) are illustrated by the following example: Example.

(i)T is a fisherman who uses the calendar taxable year. In each of the years 2001, 2002, and 2003, T's taxable income (before taking any CCF reduction into account) is $20,000. For taxable year 2002, all of T's income is described in section 7518(a)(1)(A) and is attributable to T's fishing business. T makes a $5,000 deposit into a CCF for taxable year 2002. In 2004, T has taxable income of $30,000 (before taking any CCF reduction into account). In addition, T's electible farm income for 2004 (before taking the CCF reduction into account) is $10,000, all of which is described in section 7518(a)(1)(A) and is attributable to T's fishing business. For taxable year 2004, T makes a $4,000 deposit into a CCF.

(ii)The amount of the 2004 CCF deposit reduces taxable income. Accordingly, T's taxable income for 2004 is $26,000 ($30,000−$4,000). In addition, the entire amount of the CCF reduction is treated as an item of deduction attributable to T's fishing business. Accordingly, T's electible farm income for 2004 is $6,000 ($10,000−$4,000). Similarly, the amount of the 2002 CCF deposit reduces T's taxable income for 2002. Accordingly, T's taxable income for 2002 is $15,000 ($20,000−$5,000).

(iii)T makes an income averaging election with respect to all $6,000 of the electible farm income for 2004. Under paragraph (a)(2)(ii) of this section, $2,000 of elected farm income is allocated to each of the base years 2001, 2002, and 2003. Under paragraph (a)(2) of this section, T's 2004 tax liability is the sum of the following amounts:

(A)The section 1 tax on $20,000, which is T's taxable income of $26,000 ($30,000 reduced by the $4,000 CCF deposit), minus elected farm income of $6,000.

(B)For each of the base years 2001, 2002, and 2003, the amount by which section 1 tax would be increased if one-third of elected farm income were allocated to each year. The amount for base years 2001 and 2003 is the section 1 tax on $22,000 (T's taxable income of $20,000, plus $2,000, which is one-third of elected farm income for the election year), minus the section 1 tax on $20,000. The amount for base year 2002 is the section 1 tax on $17,000 (T's taxable income of $15,000 ($20,000 reduced by the $5,000 CCF deposit), plus $2,000 (one-third of elected farm income for the election year)), minus the section 1 tax on $15,000.

(e)*Electible farm income* —(1) *Identification of items attributable to a farming or fishing business* —(i) *In general* . Farm and fishing income includes items of income, deduction, gain, and loss attributable to an individual's farming or fishing business. Farm and fishing losses include, to the extent attributable to a farming or fishing business, any net operating loss carryover or carryback or net capital loss carryover to an election year. Income, gain, or loss from the sale of development rights, grazing rights, and other similar rights is not treated as attributable to a farming business. In general, farm and fishing income does not include compensation received as an employee. However, a shareholder of an S corporation engaged in a farming or fishing business may treat compensation received from the corporation as farm or fishing income if the compensation is paid by the corporation in the conduct of the farming or fishing business. If a crewmember on a vessel engaged in commercial fishing (within the meaning of section 3 of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1802(4)) is compensated by a share of the boat's catch of fish or a share of the proceeds from the sale of the catch, the crewmember is treated for purposes of section 1301 as engaged in a fishing business and the compensation is treated for such purposes as income from a fishing business.

(ii)*Gain or loss on sale or other disposition of property* —(A) *In general* . Gain or loss from the sale or other disposition of property that was regularly used in the individual's farming or fishing business for a substantial period of time is treated as attributable to a farming or fishing business. For this purpose, the term *property* does not include land, but does include structures affixed to land. Property that has always been used solely in the farming or fishing business by the individual is deemed to meet both the regularly used and substantial period tests. Whether property not used solely in the farming or fishing business was regularly used in the farming or fishing business for a substantial period of time depends on all of the facts and circumstances.

(B)*Cessation of a farming or fishing business* . If gain or loss described in paragraph (e)(1)(ii)(A) of this section is realized after cessation of a farming or fishing business, the gain or loss is treated as attributable to a farming or fishing business only if the property is sold within a reasonable time after cessation of the farming or fishing business. A sale or other disposition within one year of cessation of the farming or fishing business is presumed to be within a reasonable time. Whether a sale or other disposition that occurs more than one year after cessation of the farming or fishing business is within a reasonable time depends on all of the facts and circumstances.

(2)*Determination of amount that may be elected farm income* —(i) *Electible farm income* .

(A)The maximum amount of income that an individual may elect to average (electible farm income) is the sum of any farm and fishing income and gains, minus any farm and fishing deductions or losses (including loss carryovers and carrybacks) that are allowed as a deduction in computing the individual's taxable income.

(B)Individuals conducting both a farming business and a fishing business must calculate electible farm income by combining income, gains, deductions, and losses derived from the farming business and the fishing business.

(C)Except as otherwise provided in paragraph (d)(4) of this section, the amount of any CCF reduction is treated as a deduction from income attributable to a fishing business in calculating electible farm income.

(D)Electible farm income may not exceed taxable income, and electible farm income from net capital gain attributable to a farming or fishing business may not exceed total net capital gain. Subject to these limitations, an individual who has both ordinary income and net capital gain from a farming or fishing business may elect to average any combination of the ordinary income and net capital gain.

(ii)*Examples* . The rules of this paragraph (e)(2) of this section are illustrated by the following examples: Example 1. A has ordinary income from a farming business of $200,000 and deductible expenses from a farming business of $50,000. A's taxable income is $150,000 ($200,000−$50,000). Under paragraph (e)(2)(i) of this section, A's electible farm income is $150,000, all of which is ordinary income. Example 2. B has capital gain of $20,000 that is not from a farming or fishing business, capital loss from a farming business of $30,000, and ordinary income from a farming business of $100,000. Under section 1211(b), B's allowable capital loss is limited to $23,000. B's taxable income is $97,000 (($20,000−$23,000) + $100,000). B has a capital loss carryover from a farming business of $7,000 ($30,000 total loss−$23,000 allowable loss). Under paragraph (e)(2)(i) of this section, B's electible farm income is $77,000 ($100,000 ordinary income from a farming business, minus $23,000 capital loss from a farming business), all of which is ordinary income. Example 3. C has ordinary income from a fishing business of $200,000 and ordinary loss from a farming business of $60,000. C's taxable income is $140,000 ($200,000−$60,000). Under paragraph (e)(2)(i)(B) of this section, C must deduct the farm loss from the fishing income in determining C's electible farm income. Therefore, C's electible farm income is $140,000 ($200,000−$60,000), all of which is ordinary income. Example 4. D has ordinary income from a farming business of $200,000 and ordinary loss of $50,000 that is not from a farming or fishing business. D's taxable income is $150,000 ($200,000−$50,000). Under paragraph (e)(2)(i)(D) of this section, electible farm income may not exceed taxable income. Therefore, D's electible farm income is $150,000, all of which is ordinary income. Example 5. E has capital gain from a farming business of $50,000, capital loss of $40,000 that is not from a farming or fishing business, and ordinary income from a farming business of $60,000. E's taxable income is $70,000 (($50,000−$40,000) + $60,000). Under paragraph (e)(2)(i)(D) of this section, electible farm income may not exceed taxable income, and electible farm income from net capital gain attributable to a farming or fishing business may not exceed total net capital gain. Therefore, E's electible farm income is $70,000 of which $10,000 is capital gain and $60,000 is ordinary income. (f)(1) [Reserved]. For further guidance, see § 1.1301-1(f)(1).

(2)*Changes in filing status* . An individual is not prohibited from making a farm income averaging election solely because the individual's filing status is not the same in an election year and the base years. For example, an individual who is married and files a joint return in the election year, who filed as single in one or more of the base years, may elect to average farm or fishing income, by using the single filing status to compute the increase in section 1 taxes for the base years in which the individual filed as single. (f)(3) [Reserved]. For further guidance, see § 1.1301-1(f)(3).

(4)*Alternative minimum tax* . A farm income averaging election is disregarded in computing the tentative minimum tax and the regular tax under section 55 for the election year or any base year. The election is taken into account, however, in determining the regular tax liability under section 53(c) for the election year. (f)(5) [Reserved]. For further guidance, see § 1.1301-1(f)(5).

(g)*Effective/applicability date* .

(1)This section applies for taxable years beginning after July 22, 2008.

(2)Taxpayers may apply the provisions of this section rather than the corresponding provisions of § 1.1301-1 in taxable years beginning after December 31, 2003, but before July 23, 2008, if all provisions are consistently applied in each taxable year.

(3)This section expires on July 21, 2011. Linda E. Stiff, Deputy Commissioner for Services and Enforcement. Approved: July 7, 2008. Eric Solomon, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E8-16665 Filed 7-21-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2008-0698] Annual Kennewick, Washington, Columbia Unlimited Hydroplane Races AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. SUMMARY: The Coast Guard will enforce the special local regulation for the “Annual Kennewick, Washington, Columbia Unlimited Hydroplane Races” from 7 a.m. to 7:30 p.m. each day, from July 25, 2008 through July 27, 2008. This action is necessary to assist in minimizing the inherent dangers associated with hydroplane races. During the enforcement period, no person or vessel may enter the regulated area without permission of the Captain of the Port. DATES: The regulations in 33 CFR 100.1303 will be enforced from 7 a.m. to 7:30 p.m. each day from July 25, 2008 through July 27, 2008. FOR FURTHER INFORMATION CONTACT: BM2 Joshua Lehner, Sector Portland Waterways Management at

(503)247-4015. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special local regulation for the Annual Kennewick, Washington, Columbia Unlimited Hydroplane Races in 33 CFR 100.1303 from 7 a.m. to 7:30 p.m. each day from July 25, 2008 through July 27, 2008. Under the provisions of 33 CFR 100.1303, a vessel may not enter the regulated area, unless it receives permission from the Coast Guard Patrol Commander. Vessels granted permission to enter the zone by the Patrol Commander shall not exceed minimum wake speed without the permission of the Patrol Commander. A succession of sharp, short signals by whistle, siren, or horn from vessels patrolling the area under the direction of the U.S. Coast Guard Patrol Commander shall serve as a signal to stop. Vessels signaled to stop shall stop and comply with orders of the patrol vessel personnel; failure to do so may result in expulsion from the area, citation, or both. The Coast Guard may be assisted by other Federal, state, or local law enforcement agencies in enforcing this regulation. This notice is issued under authority of 33 CFR 100.1303 and 5 U.S.C. 552(a). In addition to this notice in the **Federal Register** , the Coast Guard will provide the maritime community with advance notification of this enforcement period via the Local Notice to Mariners and a marine information broadcast. If the COTP determines that the regulated area need not be enforced for the full duration stated in this notice, he may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. Dated: July 7, 2008. F.G. Myer, Captain, U.S. Coast Guard, Captain of the Port Portland. [FR Doc. E8-16677 Filed 7-21-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [USCG-2008-0593] Celebrate Milwaukie Fireworks Display, Portland, OR AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. SUMMARY: The Coast Guard will enforce the “Celebrate Milwaukie Fireworks Display safety zone on the Willamette River”; from 8:30 p.m. through 11:30 p.m. On July 26, 2008. This action is necessary to provide a safe display for the public and to keep them clear of the fall out area of the fireworks. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port. DATES: The regulations in 33 CFR 165.1315(a)(12) will be enforced from 8:30 p.m. through 11:30 p.m. On July 26, 2008. FOR FURTHER INFORMATION CONTACT: BM2 Joshua Lehner, Sector Portland Waterways Management at

(503)247-4015. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone for the Celebrate Milwaukie Fireworks Display in 33 CFR 165.1315(a)(12) on July 26, 2008 from 8:30 p.m. to 11:30 p.m. Under the provisions of 33 CFR 165.1315, a vessel may not enter the regulated area, unless it receives permission from the COTP. The Coast Guard may be assisted by other Federal, state, or local law enforcement agencies in enforcing this regulation. This notice is issued under authority of 33 CFR 165.1315(a)(12) and 5 U.S.C. 552(a). In addition to this notice in the **Federal Register** , the Coast Guard will provide the maritime community with advance notification of this enforcement period via the Local Notice to Mariners and a marine information broadcast. If the COTP determines that the regulated area need not be enforced for the full duration stated in this notice, he may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. Dated: June 20, 2008. F.G. Myer, Captain, U.S. Coast Guard, Captain of the Port, Portland. [FR Doc. E8-16676 Filed 7-21-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2008-0215] RIN 1625-AA00 Safety Zones: Festival of Sail San Francisco, San Francisco, CA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard will establish temporary safety zones in support of the scheduled Festival of Sail Events from July 23, 2008, through July 27, 2008. The safety zones will include a parade and two mock cannon battles referred to as location “alpha” and location “bravo”. The temporary safety zones are necessary to provide for the safety of spectators, participating vessels and crews. DATES: This rule is effective for the Festival of Sail—Parade of Ships from 11:59 a.m. through 4 p.m. on July 23, 2008; for the mock cannon battle location “alpha” from 2 p.m. through 4:30 p.m. on July 25, 2008, and July 26, 2008; and for the mock cannon battle location “bravo” from 2 p.m. through 4:30 p.m. on July 24, 2008, and July 27, 2008. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2008-0215 and are available online at *http://www.regulations.gov.* This material is 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 Coast Guard Sector San Francisco, 1 Yerba Buena Island, San Francisco, California, 94130 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call Lieutenant Junior Grade Sheral Richardson, U.S. Coast Guard Sector San Francisco, at

(415)399-7436. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: Regulatory Information On June 13, 2008, we published a notice of proposed rulemaking

(NPRM)entitled “Safety Zones: Festival of Sail San Francisco, San Francisco, CA” in the **Federal Register** (73 FR 115). We received no letters commenting on the proposed rule. No public meeting was requested, and none was held. Background and Purpose The American Sail Training Association, in coordination with the local sponsor, Festival of Sail San Francisco, is sponsoring the 2008 Festival of Sail Event. This event is a part of the Tall Ships® Challenge race series transiting the Pacific Ocean along the west coast of North America. Between the races, the participating vessels will visit several ports, including San Francisco. Vessels will be docked along the waterfront offering the public the opportunity to tour vessels, sail and learn. There are many activities on the water scheduled to take place; such as mock cannon battles and the parade. Safety zones will be established along with the issuance of marine event permits for this event. The temporary safety zones are necessary to provide for the safety of the crews, spectators, and participants of the Festival of Sail and are also necessary to protect other vessels and users of waterway. Discussion of Comments and Changes No comments were received about the event taking place. This document reflects the information published in the original NPRM. Discussion of Rule The Coast Guard will establish a moving safety zone extending 100 yards around each vessel participating in the Festival of Sail—Parade of Ships as each vessel transits through San Francisco Bay. The safety zones surrounding the participant vessels will be enforced on July 23, 2008. The parade route is as follows, it will commence at the Golden Gate Bridge, extend east to Alcatraz Island and then south to Pier 40, and will be bounded by a line connecting the following points: 37[deg]48′40″ N and 122[deg]28′38″ W, 37[deg]49′10″ N and 122[deg]28′41″ W, 37[deg]49′31″ N and 122[deg]25′18″ W, 37[deg]49′06″ N and 122[deg]24′08″ W, 37[deg]47′53″ N and 122[deg]22′42″ W, 37[deg]46′54″ N, 122[deg]23′09″ W. The Coast Guard will establish a temporary safety zone for the mock cannon battles taking place west of Alcatraz Island. This location will be called location “alpha”. The safety zone will be bounded by a line connecting the following points: 37[deg]49′18″ N and 122[deg]25′40″ W, 37[deg]49′24″ N and 122[deg]25′18″ W, 37[deg]49′45″ N and 122[deg]25′42″ W, and lastly 37[deg]49′37″ N and 122[deg]26′05″ W; and will include all navigable waters from the surface to the seafloor. This safety zone will be in effect on July 25, 2008, and July 26, 2008. The Coast Guard will establish a temporary safety zone for the mock cannon battles taking place west of Treasure Island in Anchorage 7. This location will be called location “bravo”. The safety zone will be bounded by a line connecting the following points: 37[deg]48′55″ N and 122[deg]23′03″ W, 37[deg]49′07″ N and 122[deg]22′32″ W, 37[deg]49′28″ N and 122[deg]22′53″ W and lastly 37[deg]49′18″ N and 122[deg]23′28″ W; and will include all navigable waters from the surface to the seafloor. This safety zone will be in effect on July 24, 2008, and July 27, 2008. These safety zones are necessary to provide for the safety of the crews, spectators, and participants of the Festival of Sail. Persons and vessels would be prohibited from entering into, transiting through, or anchoring within these safety zones unless authorized by the Captain of the Port, or his designated representative. 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. 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. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. 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 proposed 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 made a preliminary determination that this action is not likely to have a significant effect on the human environment. A preliminary “Environmental Analysis Check List” supporting this preliminary determination is available in the docket where indicated under ADDRESSES . We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 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. Add temporary § 165.T11-025 to read as follows: § 165.T11-025 Safety Zones; Festival of Sail, San Francisco, CA.

(a)*Location.* These temporary safety zones are established for the Festival of Sail Events taking place in the following locations:

(1)For the Festival of Sail—Parade of Ships the moving safety zone extends 100 yards around each vessel participating in the Parade of Ships as each vessel transits through San Francisco Bay to its respective mooring site.

(2)For the mock cannon battles, the safety zone for location “alpha” will take place west of Alcatraz Island. The safety zone will be bounded by a line connecting the following points: 37[deg]49′18″ N and 122[deg]25′40″ W, 37[deg]49′24″ N and 122[deg]25′18″ W, 37[deg]49′45″ N and 122[deg]25′42″ W, and lastly 37[deg]49′37″ N and 122[deg]26′05″ W; and will include all navigable waters from the surface to the seafloor.

(3)For the mock cannon battles, the safety zone for location “bravo” will take place west of Treasure Island in Anchorage 7. The safety zone will be bounded by a line connecting the following points: 37[deg]48′55″ N and 122[deg]23′03″ W, 37[deg]49′07″ N and 122[deg]22′32″ W, 37[deg]49′28″ N and 122[deg]22′53″ W and lastly 37[deg]49′18″ N and 122[deg]23′28″ W; and will include all navigable waters from the surface to the seafloor.

(b)*Definitions.* As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port San Francisco

(COTP)in the enforcement of the safety zones.

(c)*Regulations.*

(1)Under the general regulations in § 165.23, entry into, transiting, or anchoring within these safety zones is prohibited unless authorized by the COTP or the COTP's designated representative.

(2)The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or the COTP's designated representative.

(3)Vessel operators desiring to enter or operate within the safety zone must contact the COTP or the COTP's 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 COTP or the COTP's designated representative. Persons and vessels may request permission to enter the safety zone on VHF-16 or the 24- hour Command Center via telephone at

(415)399-3547.

(d)*Effective period.* This section is effective for the Festival of Sail-Parade of Ships from 11:59 a.m. through 4 p.m. on July 23, 2008; for the mock cannon battle location “alpha” from 2 p.m. through 4:30 p.m. on July 25, 2008, and July 26, 2008; and for the mock cannon battle location “bravo” from 2 p.m. through 4:30 p.m. on July 24, 2008, and July 27, 2008. Dated: July 9, 2008. P.M. Gugg, Captain, U.S. Coast Guard, Captain of the Port, San Francisco. [FR Doc. E8-16674 Filed 7-22-08; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA-HQ-OAR-2002-0086, FRL-8695-9] RIN 2060-AN80 National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is issuing amendments to the national emission standards for hazardous air pollutants (NESHAP) for semiconductor manufacturing. These amendments establish a new maximum achievable control technology floor level of control for existing and new combined hazardous air pollutants process vent streams containing inorganic and organic hazardous air pollutants and clarify the emission requirements for process vents by adding definitions for organic, inorganic, and combined hazardous air pollutant process vent streams that contain both organic and inorganic hazardous air pollutant. DATES: This final rule is effective on July 22, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2002-0086. All documents in the docket are listed in the Federal Docket Management System index at *http://www.regulations.gov* . Although listed in the index, some information is not publicly available, *e.g.* , confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through *www.regulations.gov* or in hard copy at the National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is

(202)566-1744, and the telephone number for the Air Docket is

(202)566-1742. FOR FURTHER INFORMATION CONTACT: Mr. John Schaefer, Sector Policies and Programs Division, Office of Air Quality Planning and Standards (D243-05), Environmental Protection Agency, Research Triangle Park, North Carolina 27711, *telephone number:*

(919)541-0296; *fax number:*

(919)541-3207; *e-mail address: Schaefer.john@epa.gov* . SUPPLEMENTARY INFORMATION: Outline The information presented in this preamble is organized as follows: I. General Information A. Does this action apply to me? B. Where can I get a copy of this document? C. Judicial Review II. Background Information III. Summary of the Final Amendments IV. Summary of Comments and Responses V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer Advancement Act J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act I. General Information A. Does this action apply to me? The regulated categories and entities potentially affected by these final amendments include: Category NAICS code 1 Examples of regulated entities Industry 334413 Semiconductor crystal growing facilities, semiconductor wafer fabrication facilities, semiconductor test and assembly facilities. Federal government Not affected. State/local/tribal government Not affected. 1 North American Industry Classification System. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. To determine whether your facility is regulated by this action, you should carefully examine the applicability criteria in 40 CFR 63.7181 of the rule. If you have any questions regarding the applicability of this action to a particular entity, consult either the air permit authority for the entity or your EPA regional representative as listed in 40 CFR 63.13 of subpart A (General Provisions). B. Where can I get a copy of this document? In addition to being available in the docket, an electronic copy of this final action will also be available on the Worldwide Web

(WWW)through the Technology Transfer Network (TTN). Following signature, a copy of this final action will be posted on the TTN's policy and guidance page for newly proposed or promulgated rules at the following address: *http://www.epa.gov/ttn/oarpg/* . The TTN provides information and technology exchange in various areas of air pollution control. C. Judicial Review Under section 307(b)(1) of the Clean Air Act (CAA), judicial review of these final rules is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit by September 22, 2008. Under section 307(d)(7)(B) of the CAA, only an objection to these final rules that was raised with reasonable specificity during the period for public comment can be raised during judicial review. This section also provides a mechanism for us to convene a proceeding for reconsideration, “[i]f the person raising an objection can demonstrate to EPA that it was impracticable to raise such objection within [the period for public comment] or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule.” Any person seeking to make such a demonstration to us should submit a Petition for Reconsideration to the Office of the Administrator, Environmental Protection Agency, Room 3000, Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a copy to the person listed in the preceding FOR FURTHER INFORMATION CONTACT section, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20004. Moreover, under section 307(d)(7)(B) of the CAA, only an objection to these final rules that was raised with reasonable specificity during the period for public comment can be raised during judicial review. Moreover, under section 307(b)(2) of the CAA, the requirements established by these final rules may not be challenged separately in any civil or criminal proceedings brought by EPA to enforce these requirements. II. Background Information On May 22, 2003, we promulgated the NESHAP for semiconductor manufacturing, under section 112(d) of the CAA. (68 FR 27913); 40 CFR part 63, subpart BBBBB). The NESHAP requires all semiconductor manufacturing facilities that are major sources of hazardous air pollutants

(HAP)to meet standards reflecting application of the maximum achievable control technology (MACT). The NESHAP establishes emissions limitations for the control of HAP from semiconductor manufacturing operations. The compliance date for the NESHAP requirements was May 22, 2006. After promulgation, it was brought to our attention that while the NESHAP established separate emission standards for organic and inorganic HAP from process vents, one plant had a different process vent system. Specifically, we learned that this plant combined inorganic and organic vent streams into a single atmospheric process vent. At the time we developed the MACT standard, however, we had determined that since at least 1980 industry practice has been to strictly separate process vent emissions into streams containing either organic or inorganic HAP (71 FR 61701). This was because we were not aware of any sources that combined their inorganic and organic vent streams, and, therefore, had no data on such sources. Therefore, the NESHAP failed to account for the existence of combined organic and inorganic HAP process vents. On October 19, 2006, in order to address these combined process vent streams, we proposed amending the NESHAP by establishing emission standards for existing and new combined process vent streams (71 FR 61701). We proposed no control for the limited number of existing combined process vents. Additionally, for new and reconstructed combined HAP process vents, we proposed the requirement for inorganic HAP process vents to be the same as the requirement that currently apply to inorganic HAP process vents and the requirement for organic HAP process vents to be the same as the requirement that currently apply to organic HAP process vents (71 FR 61703). Further, we proposed new definitions that clarified the applicability of the NESHAP to inorganic, organic and combined HAP process vents. Subsequently, the DC Circuit in *Sierra Club* v. *EPA* , 479 F.3d 875 (DC Circuit 2007), found that our decision to set no control emission floors for source categories where the best performing sources did not use emission control technology was in direct contravention of CAA section 112(d)(3). In response to this decision, we issued a supplemental proposal on April 2, 2008 that proposed an emission limitation for existing and new combined HAP process vents. Specifically, we proposed that new and existing combined HAP process vents achieve a control level of 14.22 parts per million by volume

(ppmv)(73 FR 17942). We also proposed no beyond the floor control options because we determined as prohibitive the costs associated with the one control option we evaluated. III. Summary of the Final Amendments In today's rule we are taking final action on both our October 2006 (71 FR 61703), and April 2008 proposals (73 FR 17940). Therefore, we are finalizing, as proposed in October 2006, definitions that clarify the applicability of the NESHAP to inorganic, organic and combined HAP process vents. We are also promulgating, as proposed in April 2008, an emission limitation of 14.22 ppmv for new and existing combined HAP process vents. IV. Summary of Comments and Responses We received 3 comments on our October 2006 and April 2008 proposals. The commenters were generally supportive of both proposals. A summary of the significant issues raised in the comments are included below. *Comment:* One commenter expressed support for the development of a separate MACT floor level of control for combined HAP process vents contained in the April 2, 2008, proposal. The commenter stated, “This action appropriately recognizes that a limited number of process vents at older, existing facilities have unique emission characteristics that warrant distinction from the process vents used to establish the original MACT floor.” The commenter gave a description of the typical construction of a modern semiconductor facility indicating that clean rooms are situated on a single floor with semiconductor manufacturing tools arranged in cells of similar tools ( *e.g.* , web benches, furnaces, etc. are grouped together). The commenter stated that these features and other features in a modern semiconductor facility make the segregation and treatment of concentrated organic and inorganic HAP emission streams feasible. However, segregating emission streams into their organic and inorganic constituents was near infeasible for some older facilities, such as the one described by the commenter, where tools are located on three separate floors, and are not grouped together in cells according to tool function and type. Due to these reasons the commenter indicated strong support for EPA's development of a separate MACT floor for combined HAP process vents. *Response:* We agree with the commenter that the proposed changes to the standard are necessary to account for the limited number of older facilities that do not segregate their emissions due to facility design limitations. Today's rule reflects our conclusion that a separate MACT floor for these facilities is appropriate. Therefore, as stated earlier we are promulgating definitions that clarify the applicability of the existing NESHAP and an emissions limitation of 14.22 ppmv for new and existing combined HAP process vents. V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This action is not a “significant regulatory action” under the terms of Executive Order

(EO)12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under the EO. B. Paperwork Reduction Act This action does not impose any new information collection burden. These amendments clarify applicability of the final rule. Therefore, the Information Collection Request

(ICR)has not been revised. However, the Office of Management and Budget

(OMB)has previously approved the information collection requirements contained in the existing regulations 40 CFR part 63, subpart BBBBB under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* and has assigned OMB control number 2060-0519. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act The Regulatory Flexibility Act generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule would not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions. For the purposes of assessing the impacts of this rule on small entities, small entity is defined as:

(1)A small business that meets the Small Business Administration size standards for small businesses found at 13 CFR 121.201 (less than 500 employees for NAICS codes 331511, 331512, and 331513);

(2)a small governmental jurisdiction that is a government of a city, county, town, school district, or special district with a population of less than 50,000; and

(3)a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of this rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This final rule will not impose any requirements on small entities since we do not create any new requirements or burdens that were not already included in the economic impact assessment for the existing rule. D. 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, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. This final rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local, or tribal governments or the private sector. The final amendments are expected to result in an overall reduction in expenditures for the private sector and are not expected to impact State, local, or tribal governments. Thus, the final amendments are not subject to the requirements of sections 202 and 205 of the UMRA. E. Executive Order 13132: Federalism Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” are defined in the Executive Order to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” This final rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. These final amendments do not impose any requirements on State and local governments. Thus, Executive Order 13132 does not apply to this rule. In the spirit of Executive Order 13132, and consistent with EPA policy to promote communication between EPA and State and local governments, EPA specifically solicited comment on the proposed rule from State and local officials. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175 (65 FR 67249, November 6, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” This final rule does not have tribal implications, as specified in Executive Order 13175. These final amendments impose no requirements on tribal governments. Thus, Executive Order 13175 does not apply to this rule. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying to those regulatory actions that concern health or safety risks, such that the analysis required under section 5-501 of the Order has the potential to influence the regulation. This action is not subject to EO 13045 because it is based solely on technology performance. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (“NTTAA”), Public Law No. 104-114, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards ( *e.g.* , materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This action does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards. J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629, February 16, 1994) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because they do not affect the level of protection provided to human health or the environment. These final amendments do not relax the control measures on sources regulated by the rule and therefore will not cause emissions increases from these sources. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801, *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of Congress and to the Comptroller General of the United States. EPA will submit a report containing these final amendments and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the final amendments in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). This rule will be effective on July 22, 2008. List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Hazardous substances, Reporting and recordkeeping requirements. Dated: July 15, 2008. Stephen L. Johnson, Administrator. For the reasons stated in the preamble, title 40, chapter I, part 63, of the Code of the Federal Regulations is amended as follows: PART 63—[AMENDED] 1. The authority citation for part 63 continues to read as follows: Authority: 42 U.S.C. 7401, *et seq.* 2. Section 63.7184 is amended by revising paragraphs

(b)and

(c)and adding paragraph

(f)to read as follows: § 63.7184 What emission limitations, operating limits, and work practice standards must I meet?

(b)*Process vents—organic HAP emissions* . For each organic HAP process vent, other than process vents from storage tanks, you must limit organic HAP emissions to the level specified in paragraph (b)(1) or

(2)of this section. These limitations can be met by venting emissions from your process vent through a closed vent system to any combination of control devices meeting the requirements of § 63.982(a)(2).

(1)Reduce the emissions of organic HAP from the process vent stream by 98 percent by weight.

(2)Reduce or maintain the concentration of emitted organic HAP from the process vent to less than or equal to 20 parts per million by volume (ppmv).

(c)*Process vents—inorganic HAP emissions* . For each inorganic HAP process vent, other than process vents from storage tanks, you must limit inorganic HAP emissions to the level specified in paragraph (c)(1) or

(2)of this section. These limitations can be met by venting emissions from your process vent through a closed vent system to a halogen scrubber meeting the requirements of §§ 63.983 (closed vent system requirements) and § 63.994 (halogen scrubber requirements); the applicable general monitoring requirements of § 63.996; the applicable performance test requirements; and the monitoring, recordkeeping and reporting requirements referenced therein.

(1)Reduce the emissions of inorganic HAP from the process vent stream by 95 percent by weight.

(2)Reduce or maintain the concentration of emitted inorganic HAP from the process vent to less than or equal to 0.42 ppmv.

(f)*Process vents—combined HAP emissions* . For each combined HAP process vent, other than process vents from storage tanks, you must reduce or maintain the concentration of emitted HAP from the process vent to less than or equal to 14.22 ppmv. These limitations can be met by venting emissions from your process vent through a closed vent system to any combination of control devices meeting the requirements of § 63.982(a)(2). 3. Section 63.7195 is amended by adding definitions in alphabetical order for “Combined HAP process vent”, ``Organic HAP process vent”, and ``Inorganic HAP process vent” to read as follows: § 63.7195 What definitions apply to this subpart? *Combined HAP process vent* means a *process vent* that emits both inorganic and organic HAP to the atmosphere. *Inorganic HAP process vent* means a *process vent* that emits only inorganic HAP to the atmosphere. *Organic HAP process vent* means a *process vent* that emits only organic HAP to the atmosphere. [FR Doc. E8-16746 Filed 7-21-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [FRL-8694-5] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List AGENCY: Environmental Protection Agency (EPA). ACTION: Direct Final Deletion of the Pfohl Brothers Landfill Superfund Site

(Site)from the National Priorities List. SUMMARY: EPA, Region 2, is publishing a direct final Notice of Deletion of the Site, located in Cheektowaga, Erie County, New York, from the National Priorities List (NPL). The NPL is Appendix B of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 42 U.S.C. 9605. This direct final Notice of Deletion is being published by EPA with the concurrence of the State of New York, through the New York State Department of Environmental Conservation (NYSDEC). EPA and NYSDEC have determined that the responsible parties have completed all appropriate remedial actions and that no further actions, other than operation and maintenance and five-year reviews, are required. In addition, EPA and NYSDEC have determined that the cleanup goals attained at this Site are protective of public health and the environment. This deletion does not preclude future actions under Superfund. DATES: This direct final deletion will be effective September 22, 2008 unless EPA receives significant adverse comments by August 21, 2008. If significant adverse comments are received, EPA will publish a timely withdrawal of this direct final deletion in the **Federal Register** , informing the public that the deletion will not take effect. ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-SFUND-1994-0001, by one of the following methods: *Web site: http://www.regulations.gov* . Follow the on-line instructions for submitting comments. *E-mail: tames.pam@epa.gov* . *Fax:* To the attention of Pamela Tames at

(212)637-3966. *Mail:* To the attention of Pamela Tames, P.E., Remedial Project Manager, Emergency and Remedial Response Division, U.S. Environmental Protection Agency, Region 2, 290 Broadway, 20th Floor, New York, NY 10007-1866. *Hand Delivery:* Superfund Records Center, 290 Broadway, 18th Floor, New York, NY 10007-1866 ( *telephone:* 212-637-4308). Such deliveries are only accepted during the Docket's normal hours of operation (Monday to Friday from 9 a.m. to 5 p.m.). Special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID no. EPA-HQ-SFUND-1994-0001. EPA's policy is that all comments received will be included in the Docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(Site)from the National Priorities List (NPL). The NPL constitutes Appendix B of 40 CFR Part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan, 40 CFR Part 300 (NCP), which EPA promulgated pursuant to section 105 of the Comprehensive Environmental and Liability Act (CERCLA) of 1980, as amended. EPA maintains the NPL as the list of sites that appear to present a significant risk to public health, welfare, or the environment. Sites on the NPL may be the subject of remedial actions financed by the Hazardous Substance Superfund (Fund). As described in § 300.425(e)(3) of the NCP, a site deleted from the NPL remains eligible for remedial actions if conditions at the site warrant such action. Because EPA considers this action to be noncontroversial and routine, this action will be effective September 22, 2008 unless EPA receives significant adverse comments by August 21, 2008. Along with this direct final Notice of Deletion, EPA is co-publishing a Notice of Intent to Delete in the “Proposed Rules” section of today's **Federal Register** . If adverse comments are received within the 30-day public comment period, EPA will publish a timely withdrawal of this Direct Final Deletion before the effective date of the deletion and the deletion will not take effect. EPA will, if appropriate, prepare a response to comments and continue with the deletion process on the basis of the Notice of Intent to Delete and the comments received. In such a case, there will be no additional opportunity to comment. Section II below explains the criteria for deleting sites from the NPL. Section III discusses procedures that EPA is using for this action. Section IV discusses the Site and demonstrates how it meets the deletion criteria. Section V discusses EPA's action to delete the Site from the NPL unless significant adverse comments are received during the public comment period. II. NPL Deletion Criteria Section 300.425(e) of the NCP provides that sites may be deleted from the NPL where no further response is appropriate. In accordance with § 300.425(e)(1), EPA shall consult with the State to determine whether any of the following criteria have been met: i. Responsible parties or other parties have implemented all appropriate response actions required; ii. All appropriate Fund-financed responses under CERCLA have been implemented, and no further action by responsible parties is appropriate; or iii. The remedial investigation has shown that the release of hazardous substances poses no significant threat to public health or the environment and, therefore, taking of remedial measures is not appropriate. In addition, the State shall concur with the deletion, as required by § 300.425(e)(2), and the public shall be informed, as required by § 300.425(e)(4). A site which is deleted from the NPL remains eligible for remedial actions should future conditions warrant such action, as set forth in § 300.425(e)(3). Even if a site is deleted from the NPL, where hazardous substances, pollutants, or contaminants remain above levels that allow for unlimited use and unrestricted exposure, CERCLA section 121(c), 42 U.S.C. 9621(c) requires that a review of the site be conducted at least every five years after the initiation of the remedial action to ensure that the action remains protective of public health and the environment. If new information becomes available which indicates a need for further action, EPA may initiate remedial actions. If there is a significant release from a site deleted from the NPL, the deleted site may be restored to the NPL without application of the Hazard Ranking System, a numerically-based screening system that uses information from initial, limited investigations to assess the relative potential of sites to pose a threat to human health or the environment. III. Deletion Procedures The following procedures apply to deletion of the Site.

(1)EPA consulted with the State of New York prior to developing this direct final Notice of Deletion and the Notice of Intent to Delete co-published today in the “Proposed Rules” section of the **Federal Register** .

(2)EPA has provided the State 30 working days for review of this notice and the parallel Notice of Intent to Delete prior to their publication today, and the State, through the NYSDEC, has concurred on the deletion of the Site from the NPL.

(3)Concurrently with the publication of this direct final Notice of Deletion, a notice of the availability of the parallel Notice of Intent to Delete is being published in a major local newspaper, The Buffalo News. The newspaper notice announces the 30-day public comment period concerning the Notice of Intent to Delete the Site from the NPL.

(4)EPA placed copies of documents supporting the proposed deletion in the deletion docket and made these items available for public inspection and copying at the Site information repositories identified above.

(5)If adverse comments are received within the 30-day public comment period on this deletion action, EPA will publish a timely notice of withdrawal of this direct final Notice of Deletion before its effective date and will prepare a response to comments. If appropriate, EPA may then continue with the deletion process based on the Notice of Intent to Delete and the comments already received. Deletion of a site from the NPL does not itself create, alter, or revoke any individual's rights or obligations. Deletion of a site from the NPL does not in any way alter EPA's right to take enforcement actions, as appropriate. The NPL is designed primarily for informational purposes and to assist EPA management. Section 300.425(e)(3) of the NCP states that the deletion of a site from the NPL does not preclude eligibility for future response actions, should future conditions warrant such actions. IV. Basis for Site Deletion The following summary provides the Agency's rationale for the proposal to delete this Site from the NPL. Background The Site consists of a 130-acre inactive landfill and an adjacent 22-acre borrow pit located in a commercial/residential area in the Town of Cheektowaga, Erie County, New York, approximately one mile northeast of Buffalo International Airport. The Site is bordered by wetlands, Aero Lake, Aero Creek, and the New York State Thruway to the north. The remaining boundaries consist of Transit Road to the east, a Niagara Mohawk Power easement to the west, and residential properties (along the north side of Pfohl Road) and Conrail tracks to the south. A former New York Thruway Authority borrow area (Area A) is located just south of the New York State Thruway. The Site is bisected from west to east by Aero Drive. One disposal area is located immediately north of Aero Drive (Area B) and another disposal area is located immediately south of Aero Drive (Area C). The Pfohl Brothers Landfill accepted municipal and industrial wastes from 1932 to 1971 from the surrounding townships, manufacturers, and utilities. The landfill was operated as a cut and fill operation, whereby waste and drums, which were filled with substances that could be spilled out, were emptied into 150-foot diameter trenches. Some of the generators of the waste have indicated that pine tar pitch, waste paints and thinners, waste cutting oils, oil-contaminated Fuller's earth, phenolic tar containing chlorinated benzenes and dioxins, and oil and capacitors laden with polychlorinated biphenyls

(PCBs)were disposed of at the Site. No records were kept as to the quantity of wastes received, other than an estimated 125 tons of phenolic tar. Limited historical records indicate that no hazardous wastes were disposed of in Area A. Soil from this area was used primarily by the New York Thruway Authority for road fill material. A preliminary assessment of the Site was performed by EPA in 1982 to determine its hazard ranking. Based upon the analytical results, which indicated that the landfill leachate contained various volatile organic compounds, semi-volatile organic compounds and metals, the Site was listed on the New York State Registry of Inactive Hazardous Waste Disposal Sites as a “Class 2 Inactive Hazardous Waste Site” in 1985. Between 1983 and 1985, all of the residences near the Site were connected to the municipal drinking water supply system. Previously, these residents obtained drinking water from private wells. The Site was added to the NPL on December 16, 1994 (FRL-5124-7). Remedial Investigation and Feasibility Study (RI/FS) An RI/FS was initiated in 1988 by NYSDEC. Various levels of volatile organic compounds, semi-volatile organic compounds, PCBs, and metals were detected in the soil, groundwater, and sediment. In 1990, NYSDEC installed a fence around most of the Site. A second RI/FS addressed Area A and the off-site groundwater contamination. Based upon the results of this investigation, it was determined that Area A was not used for the disposal of hazardous substances and significant levels of groundwater contamination were not detected. Selected Remedy A ROD for Areas B and C was issued by NYSDEC in February 1992. The selected remedy included capping the two disposal areas, construction of a leachate collection and conveyance system, construction of a barrier wall containment system around the outside perimeter of the disposal areas, collection and disposal of the drums and phenolic tars found on-Site, and long-term monitoring of the groundwater at and near the landfill. The ROD also called for the implementation of institutional controls to protect the integrity of the containment remedy and to prevent the use of contaminated groundwater. A ROD for Area A, issued on January 10, 1994, selected a “no-action” remedy. Response Actions Under Orders on Consent with NYSDEC dated October 4, 1993 and April 11, 2001, the PRP Group performed the actions called for in the 1992 ROD. The PRP Group commenced the design related to the containment system and leachate collection system in 1994; the design was approved by NYSDEC upon execution of the above-noted Order on Consent in April 2001. Detailed information on the remedial construction is available in the September 2003 Remedial Action Report. To facilitate future development along Pfohl Road and Aero Drive, approximately 31 acres of landfilled material, consisting of approximately 365,000 cubic yards of waste located along these roads (edges of Areas B and C) were excavated and consolidated on the interior portions of Areas B and C. In addition, 9,200 cubic yards of contaminated soil and waste were excavated to protect the adjacent wetlands and consolidated on the interior portions of Areas B and C. Post-excavation soil samples showed that the remaining soils met New York State's soil cleanup objectives, thereby eliminating all significant threats to human health and/or the environment. The excavated areas were backfilled and seeded. Caps were constructed over the consolidated wastes in the two fill areas (approximately 70 acres in Area B and 24 acres in Area C) in conformance with 6 New York State NYCRR Part 360 closure requirements. The caps consist of a six-inch gas venting layer overlain by a layer of filter fabric, a 40-mil thick very flexible polyethylene

(VFPE)liner, a 24-inch barrier protection layer of clean soil, and topped with six inches of topsoil capable of supporting vegetation. Forty-nine gas vents were installed to convey the gas from beneath the low permeability layer of the caps via the gas venting layer to the atmosphere. The leachate collection system consists of an 8-inch diameter perforated solid collection pipe set in a wall of granular material which runs along the 10,000-foot perimeter of the disposal areas. An additional 1,000 feet of collection drain was installed in the southwest interior of Area B to promote an upward gradient from the bedrock to the overburden aquifer within the confines of the perimeter barrier containment system. All of the collected leachate is discharged directly to the Cheektowaga Publicly-Owned Treatment Works via six collection wet wells and a force main that was constructed to the sewer interceptor on Rein Road. A VFPE wall keyed into 24 inches of undisturbed clay at the bottom of the perimeter trench was installed as a vertical barrier to prevent the collection drain system from collecting clean off-Site groundwater and dewatering the adjacent wetlands. The VFPE wall was connected to the VFPE liner in the landfill cap. A Remedial Action Report documenting the completion of the Remedial Action was approved by EPA in September 2003. The 1992 ROD called for the implementation of institutional controls to protect the integrity of the containment remedy and to prevent the use of contaminated groundwater. The restrictions were placed on Areas B and C in the form of Declarations of Covenants and Restrictions and Grant of Access signed by each of the seven owners whose parcels make up the Site. Five of the seven agreements were signed by the end of 2003 and the last two were signed in late 2005. Each Declaration requires that the owners agree not to use any on-Site groundwater, not to construct on-Site surface water cisterns, not to access the capped areas without prior written approval of NYSDEC, not to excavate, remove, or disturb the on-Site soil without NYSDEC written approval, and not to plant trees and shrubs whose roots may breach the caps. Cleanup Goals The implemented actions protect human health and the environment. The landfilled areas have been capped, removing potential direct contact ( *i.e.* , ingestion or dermal contact of soil) exposures to the public. Institutional controls are in place to prevent potential exposures to the public, including trespassers. The potential impacts to groundwater are being addressed through the caps that reduce or prevent percolation through the landfilled areas and a barrier wall containment system around the outside perimeter of the disposal areas. The leachate collection system is discharging to an appropriate discharge facility to reduce potential exposures to the population. Groundwater monitoring data indicate that Site-related contamination is not present outside the containment system. A final Close-Out report documenting the completion of the implementation of the site remedies was issued by EPA on December 10, 2007. Operation and Maintenance An operation and maintenance (O&M) plan, which provides for a long-term monitoring program for the cover system, the drainage system, the groundwater, and the institutional controls, was approved in February 2006. The O&M activities at the Site are being performed by the Town of Cheektowaga. Semi-annual O&M reports are reviewed by NYSDEC and EPA. Five-Year Review Hazardous substances remain at the Site above levels that would allow for unlimited use with unrestricted exposure. Pursuant to section 121(c) of CERCLA, EPA reviews site remedies where such hazardous substances, pollutants, or contaminants remain no less often than every five years after the initiation of a remedy at a site. EPA conducted a five-year review of the Site in March 2006. The five-year review led EPA to conclude that human health and the environment are being protected by the remedial action implemented at the Site. The next five-year review is scheduled to be completed before March 2011. Community Involvement Public participation activities for this Site have been satisfied as required in CERCLA sections 113(k) and 117, 42 U.S.C. 9613(k) and 9617. As part of the remedy selection process, the public was invited to comment on NYSDEC's proposed remedies. All other documents and information which EPA relied on or considered in recommending this deletion are available for the public to review at the information repositories identified above. Determination That the Site Meets the Criteria for Deletion From the NCP All of the completion requirements for this Site have been met, as described in the December 2007 Final Close-Out Report. The State of New York, in a September 28, 2007 letter, concurred with the proposed deletion of this Site from the NPL. The NCP specifies that EPA may delete a site from the NPL if “all appropriate Fund-financed response under CERCLA has been implemented, and no further response action by responsible parties is appropriate.” 40 CFR 300.425(e)(1)(ii). EPA, with the concurrence of the State of New York, through NYSDEC, believes that this criterion for deletion has been met. Consequently, EPA is deleting this Site from the NPL. Documents supporting this action are available in the Site files. V. Deletion Action EPA, with the concurrence of the State of New York, has determined that all appropriate responses under CERCLA have been completed and that no further response actions under CERCLA, other than O&M and five-year reviews, are necessary. Therefore, EPA is deleting the Site from the NPL. Because EPA considers this action to be noncontroversial and routine, EPA is taking it without prior publication. This action will be effective September 22, 2008 unless EPA receives adverse comments by August 21, 2008. If adverse comments are received within the 30-day public comment period of this action, EPA will publish a timely withdrawal of this Direct Final Deletion before the effective date of the deletion and the deletion will not take effect. EPA will, if appropriate, prepare a response to comments and continue with the deletion process on the basis of the Notice of Intent to Delete and the comments received. In such a case, there will be no additional opportunity to comment. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Natural resources, Oil pollution, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: June 30, 2008. George Pavlou, Acting Regional Administrator, Region 2. For the reasons set out in the preamble, 40 CFR part 300 is amended as follows: PART 300—[AMENDED] 1. The authority citation for part 300 continues to read as follows: Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 12777, 56 FR 54757, 3 CFR 1991 Comp., p. 351; and E.O. 12580, 52 FR 2923, 3 CFR 1987 Comp., p. 193. Appendix B—[Amended] 2. Table 1 of Appendix B to part 300 is amended under New York

(NY)by removing the site name “Pfohl Brothers Landfill” and the corresponding City/County designation “Cheektowaga.” [FR Doc. E8-16478 Filed 7-21-08; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 070430095 7095 01] RIN 0648-XH91 Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fishery; Inseason Action #3 and #4 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Modification of fishing seasons; request for comments. SUMMARY: NOAA Fisheries announces two inseason actions in the ocean salmon fisheries. Inseason action #3 modified the commercial fishery from Cape Falcon, Oregon, to the Oregon/California Border. Inseason action #4 modified the recreational fishery from Cape Falcon, Oregon, to Humbug Mountain, Oregon. DATES: Inseason actions #3 and #4 were effective at 1615 hours local time (l.t.) April 9, 2008. After this time these fisheries remained closed until reopened subject to the 2008 management measures and regulations which were are announced, and published in the **Federal Register** (73 FR 23971, May 1, 2008). Comments will be accepted through August 6, 2008. ADDRESSES: You may submit comments, identified by 0648-AV56, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal *http://www.regulations.gov* • Fax: 206-526-6736 Attn: Sarah McAvinchey • Mail: D. Robert Lohn, Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way N.E., Seattle, WA 98115-0070 or to Rod McInnis, Regional Administrator, Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213 Instructions: All comments received are a part of the public record and will generally be posted to *http://www.regulations.gov* without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protectedinformation. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Sarah McAvinchey, 206-526-4323. SUPPLEMENTARY INFORMATION: In the 2007 annual management measures for ocean salmon fisheries (72 FR 24539, May 3, 2007), NMFS announced the commercial and recreational fisheries in the area from Cape Falcon, Oregon, to the Oregon/California Border. On April 9, 2008, the Regional Administrator

(RA)consulted with representatives of the Pacific Fishery Management Council, Washington Department of Fish and Wildlife, Oregon Department of Fish and Wildlife and California Department of Fish and Game. Information related to catch to date, Chinook and coho catch rates, and effort data were reported. These inseason actions were taken because these fisheries were scheduled to occur in the impact area for Sacramento River fall Chinook. This stock was projected not to meet its escapement goal in 2008 and therefore consistent with the Magnuson-Stevens Act all fisheries that impact the stock were to be closed. By closing these fisheries NMFS attempted to provide for further opportunity in the 2008 fishing season. As a result, on April 9, 2008, the states recommended, and the RA concurred that inseason actions #3 and #4 would be effective April 9, 2008. Inseason action #3 closed the commercial fishery in the area from Cape Falcon, Oregon, to the Oregon/California border. Inseason action #4 closed the recreational fishery in the area from Cape Falcon, Oregon, to Humbug Mountain, Oregon. These areas were closed until the regulations were announced for the 2008 fishing season and published in the **Federal Register** (73 FR 23971, May 1, 2008). Modification in quota and/or fishing seasons is authorized by regulations at 50 CFR 660.409(b)(1)(i). The RA determined that the best available information indicated that the catch and effort data, and projections, supported the above inseason actions recommended by the states. The states manage the fisheries in state waters adjacent to the areas of the U.S. exclusive economic zone in accordance with these Federal actions. As provided by the inseason notice procedures of 50 CFR 660.411, actual notice of the described regulatory actions was given, prior to the date the action was effective, by telephone hotline number 206-526-6667 and 800-662-9825, and by U.S. Coast Guard Notice to Mariners broadcasts on Channel 16 VHF-FM and 2182 kHz. These actions do not apply to other fisheries that may be operating in other areas. Classification The Assistant Administrator for Fisheries, NOAA (AA), finds that good cause exists for this notification to be issued without affording prior notice and opportunity for public comment under 5 U.S.C. 553(b)(B) because such notification would be impracticable. As previously noted, actual notice of the regulatory actions was provided to fishers through telephone hotline and radio notification. These actions comply with the requirements of the annual management measures for ocean salmon fisheries (72 FR 24539, May 3, 2007), the West Coast Salmon Plan, and regulations implementing the West Coast Salmon Plan at 50 CFR 660.409 and 660.411. Prior notice and opportunity for public comment was impracticable because NMFS and the state agencies had insufficient time to provide for prior notice and the opportunity for public comment between the time the fishery catch and effort data were collected to determine the extent of the fisheries, and the time the fishery modifications had to be implemented in order to allow fishers access to the available fish at the time the fish were available. The AA also finds good cause to waive the 30-day delay in effectiveness required under U.S.C. 553(d)(3), as a delay in effectiveness of these actions would allow fishing at levels inconsistent with the goals of the Salmon Fishery Management Plan and the current management measures. These actions are authorized by 50 CFR 660.409 and 660.411 and are exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: July 17, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-16784 Filed 7-21-08; 8:45 am] BILLING CODE 3510-22-S 73 141 Tuesday, July 22, 2008 Proposed Rules DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-161695-04] RIN 1545-BE23 Farmer and Fisherman Income Averaging AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking by cross-reference to temporary regulations. SUMMARY: In the Rules and Regulations section of this issue of the **Federal Register** , the IRS is issuing final and temporary regulations under section 1301 of the Internal Revenue Code

(Code)relating to the averaging of farm and fishing income in computing income tax liability. The regulations reflect changes to the law made by the American Jobs Creation Act of 2004. The regulations provide guidance to individuals engaged in a farming or fishing business who elect to reduce their tax liability by treating all or a portion of the current taxable year's farm or fishing income as if one-third of it had been earned in each of the prior three taxable years. The text of those temporary regulations also serves as the text of these proposed regulations. DATES: Written or electronic comments and requests for a public hearing must be received by October 20, 2008. ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-161695-04), Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, DC 20044. Taxpayers also may submit comments electronically via the Federal eRulemaking Portal at *http://www.regulations.gov* (IRS REG-161695-04). FOR FURTHER INFORMATION CONTACT: Concerning submission of comments or to request a hearing, Richard Hurst at *Richard.A.Hurst@irscounsel.treas.gov* ; concerning the proposed regulations, Amy Pfalzgraf,

(202)622-4950 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background and Explanation of Provisions Final and temporary regulations in the Rules and Regulations section of this issue of the **Federal Register** amend the Income Tax Regulations (26 CFR Part 1) relating to section 1301 of the Internal Revenue Code (Code). The final and temporary regulations provide rules for averaging taxable income from a farming or fishing business under section 1301. The text of those temporary regulations also serves as the text of these proposed regulations. The preamble to the final and temporary regulations explains the amendments. Special Analyses It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because the regulations do not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Code, this regulation has been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Comments and Requests for a Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any written (either a signed paper original with eight

(8)copies or electronic) comments that are submitted timely to the IRS. The IRS and Treasury Department request comments on the clarity of the proposed rules and how they can be made easier to understand. All comments will be available for public inspection and copying. A public hearing will be scheduled if requested in writing by any person who timely submits written comments. If a public hearing is scheduled, notice of the date, time, and place for the public hearing will be published in the **Federal Register** . Drafting Information The principal author of these regulations is Amy Pfalzgraf of the Office of Associate Chief Counsel (Income Tax & Accounting). However, other personnel from the IRS and Treasury Department participated in their development. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Proposed Amendments to the Regulations Accordingly, 26 CFR part 1 is proposed to be amended as follows: PART 1—INCOME TAXES **Paragraph 1.** The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * **Par. 2.** In § 1.1301-1, paragraphs (a), (b)(1), (b)(3), (c)(1), (d)(3)(ii), (d)(4), (e), (f)(2), and (f)(4) are revised to read as follows: § 1.1301-1 Averaging of farm and fishing income.

(a)[The text of the proposed amendment to § 1.1301-1(a) is the same as the text of § 1.1301-1T(a) published elsewhere in this issue of the **Federal Register** ].

(b)* * *

(1)[The text of the proposed amendment to § 1.1301-1(b)(1) is the same as the text of § 1.1301-1T(b)(1) published elsewhere in this issue of the **Federal Register** ].

(3)[The text of the proposed amendment to § 1.1301-1(b)(3) is the same as the text of § 1.1301-1T(b)(3) published elsewhere in this issue of the **Federal Register** ].

(c)* * *

(1)[The text of the proposed amendment to § 1.1301-1(c)(1) is the same as the text of § 1.1301-1T(c)(1) published elsewhere in this issue of the **Federal Register** ].

(d)* * *

(3)* * *

(ii)[The text of the proposed amendment to § 1.1301-1(d)(3)(ii) is the same as the text of § 1.1301-1T(d)(3)(ii) published elsewhere in this issue of the **Federal Register** ].

(4)[The text of the proposed amendment to § 1.1301-1(d)(4) is the same as the text of § 1.1301-1T(d)(4) published elsewhere in this issue of the **Federal Register** ].

(e)[The text of the proposed amendment to § 1.1301-1(e) is the same as the text of § 1.1301-1T(e) published elsewhere in this issue of the **Federal Register** ].

(f)* * *

(2)[The text of the proposed amendment to § 1.1301-1(f)(2) is the same as the text of § 1.1301-1T(f)(2) published elsewhere in this issue of the **Federal Register** ].

(4)[The text of the proposed amendment to § 1.1301-1(f)(4) is the same as the text of § 1.1301-1T(f)(4) published elsewhere in this issue of the **Federal Register** ]. Linda E. Stiff, Deputy Commissioner for Services and Enforcement. [FR Doc. E8-16664 Filed 7-21-08; 8:45 am] BILLING CODE 4830-01-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA-HQ-SFUND-1994-0001; FRL-8694-6] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Intent to Delete the Pfohl Brothers Landfill Superfund Site

(Site)from the National Priorities List. SUMMARY: EPA, Region 2, is issuing a Notice of Intent to Delete the Site, located in Cheektowaga, New York, from the National Priorities List

(NPL)and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 42 U.S.C. 9605, is found at Appendix B of 40 CFR Part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan

(NCP)which EPA promulgated pursuant to section 105 of CERCLA. EPA and the State of New York, through the New York State Department of Environmental Conservation, have determined that the responsible parties have completed all appropriate remedial actions and that no further actions, other than operation and maintenance and five-year reviews, are required. DATES: Comments must be received by August 21, 2008. ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-SFUND-1994-0001, by one of the following methods: *Web site: http://www.regulations.gov* . Follow the on-line instructions for submitting comments. *E-mail: tames.pam@epa.gov.* *Fax:* To the attention of Pamela Tames at 212-637-3966. *Mail:* To the attention of Pamela Tames, P.E., Remedial Project Manager, Emergency and Remedial Response Division, U.S. Environmental Protection Agency, Region 2, 290 Broadway, 20th Floor, New York, NY 10007-1866. *Hand Delivery:* Superfund Records Center, 290 Broadway, 18th Floor, New York, NY 10007-1866 ( *telephone:* 212-637-4308). Such deliveries are only accepted during the Docket's normal hours of operation (Monday to Friday from 9 a.m. to 5 p.m.). Special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID no. EPA-HQ-SFUND-1994-0001. EPA's policy is that all comments received will be included in the Docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider CBI or otherwise protected through *http://www.regulations.gov* or via e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comments. If you send comments to EPA via e-mail, your e-mail address will be included as part of the comment that is placed in the Docket and made available on the website. If you submit electronic comments, EPA recommends that you include your name and other contact information in the body of your comments and with any disks or CD-ROMs that you submit. If EPA cannot read your comments due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comments. Electronic files should avoid the use of special characters and any form of encryption and should be free of any defects or viruses. *Docket:* All documents in the Docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, *e.g.* , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available Docket materials can be viewed electronically at *http://www.regulations.gov* or obtained in hard copy at: U.S. Environmental Protection Agency, Region 2, Superfund Records Center, 290 Broadway, 18th Floor, New York, NY 10007-1866, *Phone:* 212-637-4308, *Hours:* Monday to Friday from 9 a.m. to 5 p.m., and New York State Department of Environmental Conservation, Region 9, 270 Michigan Avenue, Buffalo, New York 14203-2999; *Phone:* 716-851-7200. FOR FURTHER INFORMATION CONTACT: Pamela Tames, P.E., Remedial Project Manager, by mail at Emergency and Remedial Response Division, U.S. Environmental Protection Agency, Region 2, 290 Broadway, 20th floor, New York, NY 10007-1866; telephone at 212-637-4255; fax at 212-637-3966; or e-mail at *Tames.Pam@epa.gov* . SUPPLEMENTARY INFORMATION: In the “Rules and Regulations” section of today's **Federal Register** , we are publishing a direct final Notice of Deletion of the Site without prior Notice of Intent to Delete because we view this as a noncontroversial revision and anticipate no adverse comment. We have explained our reasons for this deletion in the preamble to the direct final Notice of Deletion. If we receive no adverse comment(s) on this Notice of Intent to Delete or the direct final Notice of Deletion, we will not take further action on this Notice of Intent to Delete. If we receive adverse comment(s), we will withdraw the direct final Notice of Deletion and it will not take effect. We will, as appropriate, address all public comments in a subsequent final Deletion Notice based on this Notice of Intent to Delete. We will not institute a second comment period on this Notice of Intent to Delete. Any parties interested in commenting must do so at this time. For additional information, see the direct final Notice of Deletion which is located in the “Rules” section of this **Federal Register** . List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. Dated: June 30, 2008. George Pavlou, Acting Regional Administrator, Region 2. [FR Doc. E8-16477 Filed 7-21-08; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 080702815-8819-01] RIN 0648-AW98 Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Control Date; Hawaii Pelagic Charter Fishery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Advance notice of proposed rulemaking; notification of control date; request for comments. SUMMARY: NMFS announces that anyone who enters the Hawaii-based pelagic charter fishery after June 19, 2008, (the “control date”) is not guaranteed future participation in the fishery if the Western Pacific Fishery Management Council (Council) recommends, and NMFS approves, a program that limits entry into the fishery, or other fishery management measures. The Council is concerned about potential expansion of the Hawaii-based pelagic charter fishery and resultant impacts on billfish and other pelagic fishes. DATES: Written comments must be received by September 22, 2008. ADDRESSES: You may submit comments on this notice, identified by 0648-AW98, to either of the following addresses: • *Electronic Submission:* Submit all electronic public comments via the Federal e-Rulemaking Portal *www.regulations.gov* ; or • *Mail:* William L. Robinson, Regional Administrator, NMFS, Pacific Islands Region (PIR), 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700. *Instructions:* All comments received are a part of the public record and will generally be posted to *www.regulations.gov* without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the commenter may be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Brett Wiedoff, NMFS PIR, 808-944-2272. SUPPLEMENTARY INFORMATION: At its 142nd meeting held from June 16-19, 2008, the Council adopted a control date of June 19, 2008, applicable to persons who are contemplating entering the Hawaii-based charter fishery for pelagic fishes. The purpose of the control date is to notify fishermen that after June 19, 2008, they may not be guaranteed access to the fishery if the Council recommends, and NMFS approves, a limited entry program or other measures to manage the fishery. Although the Council has not yet recommended limiting new entry or imposing any other management measures in this fishery, establishment of the June 19, 2008, control date responds to the Council's concern over significant expansion of the Hawaii-based pelagic charter fishery, and its potential to impact billfish and other pelagic fishes. This concern is focused on potential expansions of the Honokohau Harbor on the island of Hawaii, and the Ewa Marina on the island of Oahu. The expansion could provide more berths for charter fishing vessels, with resulting increases in fishing effort for pelagic fishes, such as blue marlin, Makaira nigricans. State of Hawaii fishery data indicate that blue marlin catch per unit effort from Kona-based pelagic charter fishing has declined significantly over the past 20 years. Similar trends are also apparent for pelagic charter fishing data from the other Hawaiian Islands. Pelagic charter fishing, conducted from small vessels that primarily target billfishes and tunas and are chartered for a fee, is a notable component of tourism in Hawaii. Total generated revenues were estimated at $17 million in 1990 and $16.5 million in 1992. The industry attracted an estimated 77,000 participants in 1994, and employed approximately 400 captains and crew members in 1997. Because at least a portion of the catch is typically sold, pelagic charter fishing in Hawaii is classified as a commercial fishery, requiring State of Hawaii commercial marine licenses and catch reporting. To date in 2008, the State of Hawaii has issued approximately 128 commercial marine licenses to vessels for pelagic charter fishing. In 2006, 119 licensed fishermen submitted fishing reports that reported a total of 9,535 charter trips, an average of 81.4 trips per vessel. In 2007, some 8,797 trips were reported, an average of 68.2 trips per vessel. The June 19, 2008, control date supersedes one of March 16, 2007, that had been adopted previously by the Council for the same fishery (72 FR 26771, May 11, 2007). The June 19, 2008, control date also complements a control date of June 2, 2005, established for non-longline commercial pelagic fisheries in Hawaii (70 FR 47781, August 15, 2005) in response to concerns about overfishing of bigeye tuna Pacific-wide and yellowfin tuna in the central and western Pacific. The Council and NMFS seek public comment about whether or not a control date is needed, whether this is an appropriate control date, and how the control date might be applied to a future management program for the Hawaii pelagic charter fishery, if such a program is developed by the Council and NMFS. Control dates are intended to discourage speculative entry into fisheries, as new participants entering the fisheries after the control date are put on notice that they are not guaranteed future participation in the fisheries. Establishment of this control date does not commit the Council or NMFS to any particular management regime or criteria for entry into the Hawaii-based pelagic charter fishery. Fishery participants are not guaranteed future participation in the fishery, regardless of their level of participation before or after the control date. The Council may choose a different control date, or it may choose a management regime that does not involve a control date. Other criteria, such as documentation of landings or sales, may be used to determine eligibility for participation in a limited access fishery. The Council or NMFS also may choose to take no further action to control entry or access to the fishery, in which case the control date may be rescinded. Classification This advance notice of proposed rulemaking has been determined to be not significant for the purposes of Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: July 16, 2007. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. E8-16786 Filed 7-21-08; 8:45 am] BILLING CODE 3510-22-S 73 141 Tuesday, July 22, 2008 Notices DEPARTMENT OF AGRICULTURE Forest Service Information Collection; Extension of Timber Sales AGENCY: Forest Service, USDA. ACTION: Notice; request for comment. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the new information collection, Extension of Timber Sales. DATES: Comments must be received in writing on or before September 22, 2008 to be assured of consideration. Comments received after that date will be considered to the extent practicable. ADDRESSES: Written comments concerning this notice should be addressed to USDA Forest Service, Director of Forest Management, 1400 Independence Avenue, SW., Mail Stop 1103, Washington, DC 20250-1103. Comments may also be sent via e-mail to *mrcta@fs.fed.us,* or via facsimile to Lathrop Smith at

(202)205-1045. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at the office of the Director of Forest Management, Third Floor, Southwest Wing, Yates Building, 201 14th Street, SW., Washington, DC. Visitors are encouraged to call ahead to

(202)205-1496 to facilitate entry to the building. FOR FURTHER INFORMATION CONTACT: Lathrop Smith, Forest Management staff, at

(202)205-0858, or Richard Fitzgerald, Forest Management staff, at

(202)205-1753. Individuals who use telecommunication devices for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: *Title:* Extension of Timber Sales. *OMB Number:* 0596-New. *Type of Request:* New. *Abstract:* Section 8401 of the Food Conservation, and Energy Act of 2008, Public Law No. 110-246, 122 Stat. 1651, June 18, 2008 (Section 8401), provides several different relief options for timber sale purchasers holding contracts with rates significantly higher than current timber market rates due to a drastic reduction in forest products markets. The relief options include:

(a)Contract cancellation or rate redetermination,

(b)substitution of the Bureau of Labor statistics producer price index specified in the contract,

(c)rate redetermination following substitution of index,

(d)extension of contracts using the hardwood lumber index, and

(e)extension of Market-Related Contract term Addition time limit for certain contracts. To obtain the benefits of these options, National Forest System timber sale purchasers are required to provide certain information not previously authorized for collection by OMB. Depending on the benefits sought this may include:

(1)A Request for Relief and Release of Liability Statement on form FS-2400-71,

(2)a Contract Cancellation and Release of Liability Agreement on form FS-2400-70, and

(3)for purchasers seeking a change in the index used for determining market-related contract term additions and emergency rate redeterminations, identification by the purchaser, in writing, how much of the contract timber volume will be processed into softwood lumber, hardwood lumber and/or wood chip products. Forms FS-2400-70 and FS-2400-71 become legally binding documents upon signing by the purchaser and Forest Service and as such must be submitted by the purchaser in hard copy with original signatures. The information regarding identification of products the purchaser intends to produce from the sale when seeking a change in index may be submitted by the purchaser in hard copy or electronically by facsimile. Information identified above will be collected from purchasers by Forest Service contracting officers who will use the information to determine eligibility for the benefit requested. The information requested is not available from any other source and is unique to a single event in the life of a contract. The information is not used for any statistical purposes. No confidential information is involved and no information of a sensitive nature is collected. The information requested is readily available to timber sale purchasers and does not require any record keeping. Without the release of liability statements and agreements the government is vulnerable to lawsuits from purchasers seeking compensation or damages resulting from conditions or events that were not part of the original contract. For example, a purchaser holding a contract that is extended pursuant to the Farm Bill past the original termination date and that subsequently has to be unilaterally modified during the extension period because of a newly listed endangered species, may seek damages against the government resulting from the modification if the extension was granted without a limited liability agreement. The index used in contracts to determine when a market-related contract term addition and/or emergency rate redetermination should occur has long term implications to the contract. Prior to changing the index the contract record must contain written documentation that the purchaser initiated the request to change the index, including documentation of the products it intended to produce from the timber at the time the request was made. Without this documentation a purchaser could allege that the government unilaterally and inappropriately changed the index. *Estimated Annual Burden:* 10 minutes per response. *Type of Respondents:* Individuals, large and small businesses, and corporations. *Estimated Number of Respondents:* 1030. *Estimate Number of Responses per Respondent:* 1. *Estimated Number of Total Annual Responses:* 1230 (1030 FS-2400-71, 100 FS-2400-70, and 100 Classification of Volume). *Estimated Total Annual Burden on Respondents:* 206 hours. *Comment is invited on:*

(1)Whether the proposed collection of information is necessary for the stated purposes or the proper performance of the functions of the agency, including whether the information shall have practical or scientific utility;

(2)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on respondents, including the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All comments received in response to this notice, including name and address when provided, will be summarized and included in the request for Office of Management and Budget approval. All comments also will become a matter of public record. Dated: July 16, 2008. Joel D. Holtrop, Deputy Chief, National Forest System. [FR Doc. E8-16785 Filed 7-21-08; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Forest Service Open House To Provide Information on the Proposed Rule for the Management of Roadless Areas in the State of Colorado AGENCY: Forest Service, USDA. ACTION: Notice of meeting. SUMMARY: There will be an open house in Washington, DC to discuss the proposed rule for the management of roadless areas on National Forest System lands in the State of Colorado. DATES: The open house will be held July 29, 2008, from 5 p.m. to 9 p.m. ADDRESSES: The open house will be held at the U. S. Department of Agriculture, Whitten Building, Whitten Building Patio, 1400 Independence Avenue, SW., Washington, DC. Comments on the proposed rule may be sent via e-mail to *COComments@fsroadless.org.* Comments also may be submitted via the world wide Web/Internet at *http://www.regulations.gov.* Written comments concerning this notice should be addressed to Roadless Area Conservation-Colorado, P.O. Box 162909, Sacramento, CA 95916-2909, or via facsimile to 916-456-6724. All comments, including names and addresses, when provided, are placed in the record and are available for public inspection and copying. To inspect public comments, please contact Kathy Kurtz at 303-275-5083. FOR FURTHER INFORMATION CONTACT: Kathy Kurtz, Colorado Roadless Rule Team Leader, at 303-275-5083. Individuals using telecommunication devices for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339 between 8 a.m. and 8 p.m. Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: The public is invited to an open house with Forest Service personnel available to provide information and answer questions about the proposed Colorado Roadless Rule. Attendees are encouraged to submit written public comment at the open house, but there will be no time allotted at the open house for oral comments. Meeting attendees will need to pass through U.S. Department of Agriculture security in order to enter the building. You will need photo identification to enter the building. Attendees are encouraged to provide their names to security prior to the meeting in order to gain quicker access to the building. Attendees can submit their names to a comment line by calling 202-205-1776. In the message you should identify yourself as wanting to attend the public meeting on the Colorado rule, and then both say and spell your name. Any bags that attendees bring will have to go through screening; you are, therefore, encouraged not to bring bags in order to expedite the screening process. A copy of the proposed rule, draft environmental impact statement (DEIS), the DEIS summary, dates for public meetings in Colorado, and other information related to this rulemaking will be available at the national roadless Web site ( *http://www.roadless.fs.fed.us.* ) Reviewers may request printed copies or compact disks of the DEIS and the summary by writing to Colorado Roadless Team/Planning, USDA Forest Service, Rocky Mountain Regional Office, 740 Simms Street, Golden, CO, 80401-4720, or by e-mail to *comments-rocky-mountain-regional-office@fs.fed.us,* or by Fax to 303-275-5134. When ordering, requesters must specify their address, if they wish to receive the summary or full set of documents, and if the material should be provided in print or compact disk. Dated: July 17, 2008. Charles L. Myers, Associate Deputy Chief, National Forest System. [FR Doc. E8-16783 Filed 7-21-08; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service The Secretary of Agriculture's Determination of the Primary Purpose of Pennsylvania's Upper Makefield Township Riparian Restoration and Preservation Grant Program AGENCY: Natural Resources Conservation Service (NRCS), USDA. ACTION: Notice of Determination. SUMMARY: NRCS is providing public notice that the Secretary of Agriculture has determined the payments made under Pennsylvania's Upper Makefield Township Riparian Restoration and Preservation Grant Program are primarily for the purpose of protecting or restoring the environment. NRCS was assigned technical and administrative responsibility for reviewing the Upper Makefield Township Riparian Restoration and Preservation Grant Program and making appropriate recommendations for the Secretary's determination of primary purpose. This determination is in accordance with section 126 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 126), and permits recipients of cost-share payments to exclude from gross income to the extent allowed by the Internal Revenue Service. FOR FURTHER INFORMATION CONTACT: Township Solicitor, Upper Makefield Township, 1076 Eagle Road, Newtown, Pennsylvania 18940; or NRCS, Financial Assistance Programs Division, Post Office Box 2890, Washington, DC 20013. SUPPLEMENTARY INFORMATION: Under Section 126(a)(10) of the Internal Revenue Code, gross income does not include the “excludable portion” of payments received under any program of a State under which payments are made to individuals primarily for the purpose of protecting or restoring the environment. In general, a payment for selected conservation practices is exempt from Federal taxation, if it meets three tests:

(1)Was for a capital expense;

(2)does not substantially increase the operator's annual income from the property for which it is made; and

(3)the Secretary of Agriculture certified that the payment was made primarily for conserving soil and water resources, protecting or restoring the environment, improving forests, or providing habitat for wildlife. The Secretary of Agriculture evaluates a conservation program on the basis of criteria set forth in 7 CFR part 14, and makes a “primary purpose” determination for the payments made under the program. The objective of the determinations made under part 14 is to provide maximum conservation, environmental protection or restoration, forestry improvement, and wildlife benefits to the general public from the operation of applicable programs. Final determinations are made on the basis of program, category of practices, or individual practices. Following a primary purpose determination by the Secretary of Agriculture, the Secretary of the Treasury determines if the payments made under the conservation program substantially increase the annual income derived from the property benefited by the payments. Determination The Upper Makefield Township Riparian Restoration and Preservation Grant Program will use grant funds to work with landowners in the Houghs Creek watershed to implement practices in an established riparian buffer zone that is 200 feet either side of the creek stream channel. The riparian zone goals are to reduce the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances from reaching the water; provide shade along the creek's watercourses to moderate stream temperature and protect fish habitat; provide streambank stability to control sediment and erosion; and conserve existing natural features important for the protection of headwater areas, floodplains, springs, streams, woodlands, and prime wildlife habitats. By promoting the establishment of tree plantings, restorative vegetation, and streambank repair in the riparian buffer zone, the Riparian Restoration and Preservation Grant Program will provide payments to landowner participants that are primarily for the purpose of conserving soil and water resources, protecting or restoring the environment, improving forests, or providing habitat for wildlife. A “Record of Decision” has been prepared and is available upon request from NRCS, Financial Assistance Programs Division, Post Office Box 2890, Washington, DC 20013. Signed in Washington, DC, on July 1, 2008. Arlen L. Lancaster, Chief, Natural Resources Conservation Service. [FR Doc. E8-16748 Filed 7-21-08; 8:45 am] BILLING CODE 3410-16-P DEPARTMENT OF COMMERCE Bureau of Industry and Security Action Affecting Export Privileges; Ankair In the Matter of: Galaxy Aviation Trade Company Ltd., 15 Moreland Court, Lyndale Avenue, Finchley Road, London, UK, NW2 2PJ; Hooshang Seddigh, 15 Moreland Court, Lyndale Avenue, Finchley Road, London, UK, NW2 2PJ; Hamid Shaken Hendi, 5th Floor, 23 Nafisi Avenue, Shahrak Ekbatan, Karaj Special Road, Tehran, Iran; Hossein Jahan Peyma, 2/1 Makran Cross, Heravi Square, Moghan Ave, Pasdaran Cross, Tehran, Iran; Iran Air, Second Floor, No. 23 Nafisi Avenue, Ekbatan, Tehran, Iran; Ankair, Yesilkoy Asfalti Istanbul No. 13/4, Florya, Istanbul, Turkey TR-34810, Respondents. Order Modifying Temporary Denial of Export Privileges of Respondent Ankair On June 6, 2008, I issued an Order in accordance with Section 766.24 of the Export Administration Regulations (“EAR” or the “Regulations”), temporarily denying the export privileges for 180 days of the following persons for all items subject to the EAR: Galaxy Aviation Trade Company Ltd. (“Galaxy”), Hooshang Seddigh, Hamid Shaken Hendi, Hossein Jahan Peyma (Galaxy's shareholders), and Iran Air. The temporary denial order (“TDO”) also denied certain export privileges under the EAR of Ankair, Yesilkoy Asfalti Istanbul No. 13/4, Florya, Istanbul, Turkey TR-34810 (“Ankair”), specifically, any transactions involving Boeing 747, manufacturer serial number 24134, tail number TC-AKZ. The TDO was published in the **Federal Register** on June 17, 2008 (73 FR 34249), and unless renewed in accordance with Section 766.24(d) of the Regulations, will expire on December 3, 2008. The TDO was issued based on evidence presented to me by the Office of Export Enforcement (“OEE”) that the Respondents were attempting to re-export a U.S. origin Boeing 747, manufacturer serial number 24134, tail number TC-AKZ, from Turkey to Iran without U.S. Government authorization and that it therefore was necessary in order to prevent an imminent violation of the Regulations. Subsequent to the issuance of the TDO, OEE has requested that I modify the TDO as to Ankair to cover all exports or re-exports of items subject to the EAR. I have been presented evidence indicating that Ankair has violated the TDO and that Ankair has engaged in and/or is about to engage in or attempt further violations of the EAR involving the re-export of additional U.S. origin aircraft to Iran without U.S. Government authorization. Modification of the TDO to cover all items subject to the EAR is necessary to prevent further evasion of the TDO and to give companies in the United States and abroad notice to cease dealing with the Ankair in U.S. origin items so as to reduce the likelihood of subsequent exports or re-exports contrary to export control requirements. *It is therefore ordered:* *First* , that Ankair, Yesilkov Asfalti Istanbul No. 13/4, Florya, Istanbul, Turkey, TR 34810 (“Denied Person”) may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as “item”) exported or to be exported from the United States that is subject to the Export Administration Regulations (“EAR”), or in any other activity subject to the EAR including, but not limited to: A. Applying for, obtaining, or using any license, license exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR; or C. Benefiting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR. *Second* , that no person may, directly or indirectly, do any of the following: A. Export or re-export to or on behalf of any Denied Person any item subject to the EAR; B. Take any action that facilitates the acquisition or attempted acquisition by any Denied Person of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby any Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from any Denied Person of any item subject to the EAR that has been exported from the United States; D. Obtain from any Denied Person in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by any Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by any Denied Person if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. *Third* , that after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to any of the Respondents by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this Order. *Fourth* , that this Order does not prohibit any export, re-export, or other transaction subject to the EAR where the only items involved that are subject to the EAR are the foreign produced direct product of U.S.-origin technology. In accordance with the provisions of Section 766.24(e) of the EAR, Ankair may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard AU Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202-4022. In accordance with the provisions of Section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. The Respondents may oppose a request to renew this Order by filing a written submission with the Assistant Secretary for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be served on Ankair and shall be published in the **Federal Register** . This Order is effective upon publication in the **Federal Register** and shall remain in effect until the expiration of the TDO on December 3, 2008, unless renewed in accordance with the Regulations. Entered this 10th day of July, 2008. Darryl W. Jackson, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. E8-16425 Filed 7-21-08; 8:45 am] BILLING CODE 3510-DT-M DEPARTMENT OF COMMERCE International Trade Administration (C-570-911) Circular Welded Carbon Quality Steel Pipe from the People's Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing a countervailing duty order on circular welded carbon quality steel pipe

(CWP)from the People's Republic of China (PRC). On July 15, 2008, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. *See Circular Welded Carbon-Quality Steel Pipe from China* , USITC Pub. 4019, Investigation Nos. 701-TA-447 and 731-TA-1116 (Final) (July 2008). EFFECTIVE DATE: July 22, 2008. FOR FURTHER INFORMATION CONTACT: Shane Subler and Damian Felton at

(202)482-0189 and

(202)482-0133, respectively, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. Background On June 5, 2008, the Department published its final determination in the countervailing duty investigation of CWP from the PRC. *See Circular Welded Carbon Quality Steel Pipe from the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances* , 73 FR 31966 (June 5, 2008) ( *Final Determination* ). On July 15, 2008, the ITC notified the Department of its final determination pursuant to sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Tariff Act of 1930, as amended (the Act), that an industry in the United States is materially injured by reason of subsidized imports of subject merchandise the PRC. The ITC also determined that critical circumstances do not exist. *See Circular Welded Carbon-Quality Steel Pipe from China* (Investigation Nos. 701-TA-447 and 731-TA-1116 (Final), USITC Publication 4019, July 2008). Scope of the Order The scope of this order covers certain welded carbon quality steel pipes and tubes, of circular cross-section, and with an outside diameter of 0.372 inches (9.45 mm) or more, but not more than 16 inches (406.4 mm), whether or not stenciled, regardless of wall thickness, surface finish (e.g., black, galvanized, or painted), end finish (e.g., plain end, beveled end, grooved, threaded, or threaded and coupled), or industry specification (e.g., ASTM, proprietary, or other), generally known as standard pipe and structural pipe (they may also be referred to as circular, structural, or mechanical tubing). Specifically, the term “carbon quality” includes products in which

(a)iron predominates, by weight, over each of the other contained elements;

(b)the carbon content is 2 percent or less, by weight; and

(c)none of the elements listed below exceeds the quantity, by weight, as indicated:

(i)1.80 percent of manganese;

(ii)2.25 percent of silicon;

(iii)1.00 percent of copper;

(iv)0.50 percent of aluminum;

(v)1.25 percent of chromium;

(vi)0.30 percent of cobalt;

(vii)0.40 percent of lead;

(viii)1.25 percent of nickel;

(ix)0.30 percent of tungsten;

(x)0.15 percent of molybdenum;

(xi)0.10 percent of niobium;

(xii)0.41 percent of titanium;

(xiii)0.15 percent of vanadium; or

(xiv)0.15 percent of zirconium. Standard pipe is made primarily to American Society for Testing and Materials

(ASTM)specifications, but can be made to other specifications. Standard pipe is made primarily to ASTM specifications A-53, A-135, and A-795. Structural pipe is made primarily to ASTM specifications A-252 and A-500. Standard and structural pipe may also be produced to proprietary specifications rather than to industry specifications. This is often the case, for example, with fence tubing. Pipe multiple-stenciled to a standard and/or structural specification and to any other specification, such as the American Petroleum Institute

(API)API-5L specification, is also covered by the scope of this investigation when it meets the physical description set forth above and also has one or more of the following characteristics: is 32 feet in length or less; is less than 2.0 inches (50 mm) in outside diameter; has a galvanized and/or painted surface finish; or has a threaded and/or coupled end finish. (The term “painted” does not include coatings to inhibit rust in transit, such as varnish, but includes coatings such as polyester.) The scope of this order does not include:

(a)pipe suitable for use in boilers, superheaters, heat exchangers, condensers, refining furnaces and feedwater heaters, whether or not cold drawn;

(b)mechanical tubing, whether or not cold-drawn;

(c)finished electrical conduit;

(d)finished scaffolding;

(e)tube and pipe hollows for redrawing;

(f)oil country tubular goods produced to API specifications; and

(g)line pipe produced to only API specifications. The pipe products that are the subject of this order are currently classifiable in HTSUS statistical reporting numbers 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, 7306.30.50.90, 7306.50.10.00, 7306.50.50.50, 7306.50.50.70, 7306.19.10.10, 7306.19.10.50, 7306.19.51.10, and 7306.19.51.50. However, the product description, and not the Harmonized Tariff Schedule of the United States (“HTSUS”) classification, is dispositive of whether merchandise imported into the United States falls within the scope of the order. Amendment to the Final Determination In accordance with sections 705(d) and 777(i)(1) of the Act, on June 5, 2008, the Department published its notice of final affirmative countervailing duty determination in the countervailing duty investigation of CWP from the PRC. *See Final Determination* , 73 FR 31966, and corresponding “Issues and Decision Memorandum” (May 29, 2008). On June 16, 2008, the petitioners 1 filed timely allegations stating that the Department made six ministerial errors in its final determination. No rebuttal comments were received. 1 The petitioners in this case are the Ad Hoc Coalition for Fair Pipe Imports from China and the United Steel Workers. After analyzing all petitioners' comments, we have determined, in accordance with 19 CFR 351.224(e), that we made four ministerial errors in our calculations performed for the final determination. In addition, the Department itself discovered it made two additional ministerial errors. 2 2 *See generally* Memorandum to Susan Kuhbach, Director, Office 1, AD/CVD Operations from Nancy Decker, Program Manager, Office 1, AD/CVD Operations, Re: “Countervailing Duty Investigation: Circular Welded Carbon-Quality Steel Pipe from the People's Republic of China: Ministerial Error Allegations” (July 2, 2008) (“ *Ministerial Error Allegations Memo* ”). In summary, the petitioners contended that the Department erred in making its *Final Determination* by making two distinct clerical errors in calculating the benefit from the provision of hot-rolled steel

(HRS)at less than adequate remuneration when it did not adjust the *SteelBenchmarker* to include delivery charges and import duties and did not adjust the benchmark for a certain type 3 of HRS to include Chinese import duties. The Department did not make either of the adjustments requested because they did not involve ministerial errors. *See Ministerial Error Allegations Memo* at pages 2-3. 3 The type of HRS is proprietary information. Specifics on type of HRS can be found in the proprietary version of the *Ministerial Error Allegations Memo* . Second, the petitioners contended that the Department made several errors in the calculation of benefit from East Pipe's policy loans including using an incorrect amount of reported interest for one loan, incorrectly calculating the number of days outstanding for another loan, and impermissibly offsetting the benefit from the specific loans where the Department found a benefit in accordance with 19 CFR 351.505(a). The Department agreed with the petitioners that these three ministerial errors were committed with respect to East Pipe's policy loans and corrected each of the errors accordingly. *See Ministerial Error Allegations Memo* at pages 3-5. Third, the petitioners contended that with respect to Kingland, the Department did not use the correct sales denominator to account for the collapsing of Kingland companies. 4 The Department agreed, in part, with the petitioners that some ministerial errors were committed with respect to Kingland's sales denominator. However, other requested adjustments were not ministerial errors, because, for example, there was not enough information on the record to make these other adjustments. Therefore, the Department only corrected those errors it found to be ministerial errors. *See Ministerial Error Allegations Memo* at page 6. 4 *See Ministerial Error Allegations Memo* at page 6 for the specific factors used in the determination of Kingland's sales denominator since the factors are proprietary information. Finally, the Department itself found two additional ministerial errors. In our calculation to measure the adequacy of remuneration from government-provided HRS we inadvertently did not use the actual import price paid as a benchmark in the month(s) of purchase, and we did not average that actual import price with the *SteelBenchmarker* price for the month(s), and have made corrections accordingly. *See Ministerial Error Allegations Memo* at pages 6-7. Additionally, we failed to make a minor correction presented at verification regarding East Pipe's interest paid on one loan (separate from the loan noted above). *See Ministerial Error Allegations Memo* at pages 3-4. As a result of correcting these errors, the countervailing duty calculated for Weifang East Steel Pipe Co., Ltd. (“East Pipe”) has changed from 29.57 percent to 29.62 percent, the countervailing duty calculated for Zhejiang Kingland Pipeline and Technologies Co., Ltd. (“Kingland Pipeline”), and affiliated companies (collectively, “Kingland,” or “Kingland Companies”) has changed from 44.86 percent to 44.93 percent, the countervailing duty calculated for Tianjin Shuangjie Steel Pipe Co., Ltd.; Tianjin Shuangjie Steel Pipe Group Co., Ltd.; Tianjin Wa Song Imp. & Exp. Co., Ltd.; and Tianjin Shuanglian Galvanizing Products Co., Ltd. (collectively, “Shuangjie”) has changed from 615.92 percent to 616.83 percent, and the countervailing duty calculated for “All Others” has changed from 37.22 percent to 37.28 percent. Therefore, in accordance with 19 CFR 351.224(e), we are amending the final determination in the countervailing duty investigation of CWP from the PRC. Countervailing Duty Order On July 15, 2008, in accordance with section 705(d) of the Act, the ITC notified the Department of its final determination that the industry in the United States producing CWP is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports of CWP from the PRC. Therefore, countervailing duties will be assessed on all unliquidated entries of CWP from the PRC entered, or withdrawn from warehouse, for consumption on or after November 13, 2007, the date on which the Department published its preliminary affirmative countervailing duty determination in the **Federal Register** , 5 and before March 12, 2008, the date the Department instructed the U.S. Customs and Border Protection

(CBP)to discontinue the suspension of liquidation in accordance with section 703(d) of the Act. Section 703(d) states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months. Therefore, entries of CWP made on or after March 12, 2008, and prior to the date of publication of the ITC's final determination in the **Federal Register** are not liable for the assessment of countervailing duties due to the Department's discontinuation, effective March 12, 2008, of the suspension of liquidation. 5 *See Circular Welded Carbon Quality Steel Pipe from the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination; Preliminary Affirmative Determination of Critical Circumstances; and Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination* , 72 FR 63875 (Nov. 13, 2007) ( *Preliminary Determination* ). With regard to the ITC's negative critical circumstances determination, we will instruct CBP to lift suspension, release any bond or other security, and refund any cash deposit made to secure the payment of antidumping duties with respect to entries of the merchandise entered, or withdrawn from warehouse, for consumption on or after August 15, 2007, but before November 13, 2007 (i.e., the 90 days prior to the date of publication of the *Preliminary Determination* ). In accordance with section 706 of the Act, the Department will direct CBP to reinstitute the suspension of liquidation for CWP from the PRC, effective the date of publication of the ITC's notice of final determination in the **Federal Register** and to assess, upon further advice by the Department pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rates for the subject merchandise as noted below. Exporter/Manufacturer Net Subsidy Rate Weifang East Steel Pipe Co., Ltd. 29.62%% Zhejiang Kingland Pipeline and Technologies Co., Ltd., Kingland Group Co., Ltd, Beijing Kingland Centruy Technologies Co., Zhejiang Kingland Pipeline Industry Co., Ltd., and Shanxi Kingland Pipeline Co., Ltd. 44.93%% Tianjin Shuangjie Steel Pipe Co., Ltd.; Tianjin Shuangjie Steel Pipe Group Co., Ltd.; Tianjin Wa Song Imp. & Exp. Co., Ltd.; and Tianjin Shuanglian Galvanizing Products Co., Ltd. 616.83%% All Others 37.28%% This notice constitutes the countervailing duty order with respect to CWP from the PRC, pursuant to section 706(a) of the Act. Interested parties may contact the Department's CRU, Room 1117 of the Main Commerce Building, for copies of an updated list of countervailing duty orders currently in effect. This order is issued and published in accordance with section 706(a) of Act, 19 CFR 351.224(e), and 19 CFR 351.211(b). Dated: July 16, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-16753 Filed 7-21-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-570-910 Notice of Antidumping Duty Order: Circular Welded Carbon Quality Steel Pipe from the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: July 22, 2008. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the “Department”) and the International Trade Commission (“ITC”), the Department is issuing an antidumping duty order on circular welded carbon quality steel pipe (“CWP”) from the People's Republic of China (“PRC”). On July 15, 2008, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. *See Circular Welded Carbon Quality Steel Pipe from China* , Investigation Nos. 701-TA-447 and 731-TA-1116 (Final), USITC Publication 4019 (July 2008). FOR FURTHER INFORMATION CONTACT: Thomas Martin or Maisha Cryor, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-3936 or

(202)482-5831, respectively. SUPPLEMENTARY INFORMATION: In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the “Act”), on June 5, 2008, the Department published the *Notice of Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances: Circular Welded Carbon Quality Steel Pipe from the People's Republic of China* , 73 FR 31970 (June 5, 2008) (“Final Determination”). Scope of Order The merchandise subject to this proceeding is certain welded carbon quality steel pipes and tubes, of circular cross-section, and with an outside diameter of 0.372 inches (9.45 mm) or more, but not more than 16 inches (406.4 mm), whether or not stenciled, regardless of wall thickness, surface finish ( *e.g.* , black, galvanized, or painted), end finish (e.g., plain end, beveled end, grooved, threaded, or threaded and coupled), or industry specification ( *e.g.* , ASTM, proprietary, or other), generally known as standard pipe and structural pipe (they may also be referred to as circular, structural, or mechanical tubing). Specifically, the term “carbon quality” includes products in which

(a)iron predominates, by weight, over each of the other contained elements;

(b)the carbon content is 2 percent or less, by weight; and

(c)none of the elements listed below exceeds the quantity, by weight, as indicated:

(i)1.80 percent of manganese;

(ii)2.25 percent of silicon;

(iii)1.00 percent of copper;

(iv)0.50 percent of aluminum;

(v)1.25 percent of chromium;

(vi)0.30 percent of cobalt;

(vii)0.40 percent of lead;

(viii)1.25 percent of nickel;

(ix)0.30 percent of tungsten;

(x)0.15 percent of molybdenum;

(xi)0.10 percent of niobium;

(xii)0.41 percent of titanium;

(xiii)0.15 percent of vanadium; or

(xiv)0.15 percent of zirconium. Standard pipe is made primarily to American Society for Testing and Materials (“ASTM”) specifications, but can be made to other specifications. Standard pipe is made primarily to ASTM specifications A-53, A-135, and A-795. Structural pipe is made primarily to ASTM specifications A-252 and A-500. Standard and structural pipe may also be produced to proprietary specifications rather than to industry specifications. This is often the case, for example, with fence tubing. Pipe multiple-stenciled to a standard and/or structural specification and to any other specification, such as the American Petroleum Institute (“API”) API-5L specification, is also covered by the scope of this investigation when it meets the physical description set forth above and also has one or more of the following characteristics: is 32 feet in length or less; is less than 2.0 inches (50 mm) in outside diameter; has a galvanized and/or painted surface finish; or has a threaded and/or coupled end finish. (The term “painted” does not include coatings to inhibit rust in transit, such as varnish, but includes coatings such as polyester.) The scope of this investigation does not include:

(a)pipe suitable for use in boilers, superheaters, heat exchangers, condensers, refining furnaces and feedwater heaters, whether or not cold drawn;

(b)mechanical tubing, whether or not cold-drawn;

(c)finished electrical conduit;

(d)finished scaffolding;

(e)tube and pipe hollows for redrawing;

(f)oil country tubular goods produced to API specifications; and

(g)line pipe produced to only API specifications. The pipe products that are the subject of this investigation are currently classifiable in HTSUS statistical reporting numbers 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, 7306.30.50.90, 7306.50.10.00, 7306.50.50.50, 7306.50.50.70, 7306.19.10.10, 7306.19.10.50, 7306.19.51.10, and 7306.19.51.50. However, the product description, and not the Harmonized Tariff Schedule of the United States (“HTSUS”) classification, is dispositive of whether merchandise imported into the United States falls within the scope of the investigation. Antidumping Duty Order On July 15, 2008, in accordance with section 735(d) of the Act, the ITC notified the Department of its final determination, pursuant to section 735(b)(1)(A)(i) of the Act, that an industry in the United States is materially injured by reason of less-than-fair-value imports of subject merchandise from the PRC. Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (“CBP”) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise for all relevant entries of CWP from the PRC. These antidumping duties will be assessed on all unliquidated entries of CWP, except for entries of merchandise exported and produced by Jiangsu Yulong Steel Pipe Co., Ltd. (“Yulong”), from the PRC entered, or withdrawn from the warehouse, for consumption on or after January 15, 2008, the date on which the Department published its preliminary determination. *See Circular Welded Carbon Quality Steel Pipe from the People's Republic of China: Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination* , 73 FR 2445 (January 15, 2008) (“ *Preliminary Determination* ”). Antidumping duties will be assessed on all unliquidated entries of subject merchandise exported by Yulong entered, or withdrawn from warehouse, for consumption on or after April 24, 2008, the date on which the Department published the amended preliminary determination. *See Amended Preliminary Determination of Sales at Less Than Fair Value: Circular Welded Carbon Quality Steel Pipe From the People's Republic of China* , 73 FR 22130 (April 24, 2008) (“ *Amended Preliminary Determination* ”). With regard to the ITC's negative critical circumstances determination, we will instruct CBP to lift suspension, release any bond or other security, and refund any cash deposit made to secure the payment of antidumping duties with respect to entries of the merchandise entered, or withdrawn from warehouse, for consumption on or after October 17, 2007, but before January 15, 2008 ( *i.e.* , the 90 days prior to the date of publication of the *Preliminary Determination* ). In specific regard to Yulong, we will instruct CBP to lift suspension, release any bond or other security, and refund any cash deposit made to secure the payment of antidumping duties with respect to entries of the merchandise entered, or withdrawn from warehouse, for consumption on or after January 25, 2008, but before April 24, 2008 ( *i.e.* , the 90 days prior to the date of publication of the *Amended Preliminary Determination* ). Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of exporters that account for a significant proportion of CWP, we extended the four-month period to no more than six months. *See Preliminary Determination* , 73 FR at 2446. In this investigation, the six-month period beginning on the date of the publication of the *Preliminary Determination (i.e.* , January 15, 2008) ends on July 13, 2008. Furthermore, section 737 of the Act states that definitive duties are to begin on the date of publication of the ITC's final injury determination. Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of CWP from the PRC entered, or withdrawn from warehouse, for consumption after July 13, 2008, and before the date of publication of the ITC's final injury determination in the **Federal Register** . Suspension of liquidation will continue on or after the date of publication of the ITC's final injury determination in the **Federal Register** . Effective on the date of publication of the ITC's final affirmative injury determination, CBP, pursuant to section 735(c)(3) of the Act, will require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the estimated weighted-average antidumping duty margins as listed below. The “PRC-wide” rate applies to all exporters of subject merchandise not specifically listed. The weighted-average dumping margins are as follows: Exporter Producer Weighted-Average Margin Beijing Sai Lin Ke Hardware Co., Ltd. Xuzhou Guang Huan Steel Tube Products Co., Ltd. 69.20 Wuxi Fastube Industry Co., Ltd. Wuxi Fastube Industry Co., Ltd. 69.20 Jiangsu Guoqiang Zinc-Plating Industrial Co., Ltd. Jiangsu Guoqiang Zinc-Plating Industrial Co.,Ltd. 69.20 Wuxi Eric Steel Pipe Co., Ltd. Wuxi Eric Steel Pipe Co., Ltd. 69.20 Qingdao Xiangxing Steel Pipe Co., Ltd. Qingdao Xiangxing Steel Pipe Co., Ltd. 69.20 Wah Cit Enterprises Guangdong Walsall Steel Pipe Industrial Co., Ltd. 69.20 Guangdong Walsall Steel Pipe Industrial Co., Ltd. Guangdong Walsall Steel Pipe Industrial Co., Ltd. 69.20 Hengshui Jinghua Steel Pipe Co., Ltd. Hengshui Jinghua Steel Pipe Co.,Ltd. 69.20 Zhangjiagang Zhongyuan Pipe-Making Co, Ltd. Zhangjiagang Zhongyuan Pipe-Making Co., Ltd. 69.20 Weifang East Steel Pipe Co., Ltd. Weifang East Steel Pipe Co., Ltd. 69.20 Shijiazhuang Zhongqing Imp & Exp Co., Ltd. Bazhou Zhuofa Steel Pipe Co., Ltd. 69.20 Tianjin Baolai Int'l Trade Co., Ltd. Tianjin Jinghai County Baolai Business and Industry Co., Ltd. 69.20 Wai Ming (Tianjin) Int'l Trading Co., Ltd. Bazhou Dong Sheng Hot-dipped Galvanized Steel Pipes Co., Ltd. 69.20 Kunshan Lets Win Steel Machinery Co., Ltd. Kunshan Lets Win Steel Machinery Co., Ltd. 69.20 Shenyang Boyu M/E Co., Ltd. Bazhou Dong Sheng Hot-dipped Galvanized Steel Pipes Co., Ltd. 69.20 Dalian Brollo Steel Tubes Ltd. Dalian Brollo Steel Tubes Ltd. 69.20 Benxi Northern Pipes Co., Ltd. Benxi Northern Pipes Co., Ltd. 69.20 Shanghai Metals & Minerals Import & Export Corp. Huludao Steel Pipe Industrial Co. 69.20 Shanghai Metals & Minerals Import & Export Corp. Benxi Northern Pipes Co., Ltd. 69.20 Huludao Steel Pipe Industrial Co. Huludao Steel Pipe Industrial Co. 69.20 Tianjin Xingyuda Import & Export Co., Ltd. Tianjin Lifengyuanda Steel Group 69.20 Tianjin Xingyuda Import & Export Co., Ltd. Tianjin Xingyunda Steel Pipe Co. 69.20 Tianjin Xingyuda Import & Export Co., Ltd. Tianjin Lituo Steel Products Co. 69.20 Tianjin Xingyuda Import & Export Co., Ltd. Tangshan Fengnan District Xinlida Steel Pipe Co., Ltd. 69.20 Jiangyin Jianye Metal Products Co., Ltd. Jiangyin Jianye Metal Products Co., Ltd. 69.20 Rizhao Xingye Import & Export Co., Ltd. Shandong Xinyuan Group Co., Ltd. 69.20 Tianjin No. 1 Steel Rolled Co., Ltd. Tianjin Hexing Steel Co., Ltd. 69.20 Tianjin No. 1 Steel Rolled Co., Ltd. Tianjin Ruitong Steel Co., Ltd. 69.20 Tianjin No. 1 Steel Rolled Co., Ltd. Tianjin Yayi Industrial Co. 69.20 Kunshan Hongyuan Machinery Manufacture Co., Ltd. Kunshan Hongyuan Machinery Manufacture Co., Ltd. 69.20 Qingdao Yongjie Import & Export Co., Ltd. Shandong Xinyuan Group Co., Ltd. 69.20 PRC-Wide Entity 85.55 This notice constitutes the antidumping duty order with respect to CWP from the PRC pursuant to section 736(a) of the Act. Interested parties may contact the Department's Central Records Unit, Room 1217 of the main Commerce building, for copies of an updated list of antidumping duty orders currently in effect. This order is published in accordance with section 736(a) of the Act and 19 CFR 351.211. Dated: July 16, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-16767 Filed 7-21-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Applications for Duty-Free Entry of Scientific Instruments Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89-651, as amended by Pub. L. 106-36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and

(4)of the regulations and be postmarked on or before August 11, 2008. Address written comments to Statutory Import Programs Staff, Room 2104, U.S. Department of Commerce, Washington, D.C. 20230. Applications may be examined between 8:30 a.m. and 5 p.m. at the U.S. Department of Commerce in Room 2104. *Docket Number: 08-033.* Applicant: University of Connecticut, 97 N. Eagleville Rd., Storrs, CT 06269-3136. Instrument: Electron Microscope, Model Tecnai G2 Spirit TWIN. Manufacturer: FEI Company, Czech Republic. Intended Use: The instrument is intended to be used to perform low dose and/or cryogenic imaging of soft matter and other beam-sensitive materials. It will also be used in the research of polymeric materials, gels, biomaterials and novel catalytic materials. Further, the instrument will have the ability to observe the mechanical response of nanomaterials, piezoceramics and other materials. Application accepted by Commissioner of Customs: June 25, 2008. *Docket Number: 08-034.* Applicant: Harvard Medical School, 240 Longwood Avenue, Boston, MA 02115. Instrument: Electron Microscope, Model Tecnai G2 F20. Manufacturer: FEI Company, the Netherlands. Intended Use: The instrument is intended to be used to seek high resolution information from certain biological specimens such as membrane proteins, viruses, specialized sub-cellular organelles such as membrane-traffic intermediates and kinetochores. This information will be used to determine high resolution structures of sub-cellular assemblies in order to understand such fundamental cellular processes as mitosis, transport of water and ions across membranes and entry of viruses and other pathogens into cells. Application accepted by Commissioner of Customs: July 9, 2008. Date: July 16, 2008 Faye Robinson, Director, Statutory Import Programs Staff. [FR Doc. E8-16763 Filed 7-21-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-549-502 Circular Welded Carbon Steel Pipes and Tubes From Thailand: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review: AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: July 22, 2008. FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jacqueline Arrowsmith, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14 th Street & Constitution Avenue, N.W., Washington, DC 20230; telephone:

(202)482-2371 or

(202)482-5255, respectively. Background On April 7, 2008, the Department published in the **Federal Register** the preliminary results of the administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand. * See Circular Welded Carbon Steel Pipes and Tubes from Thailand: Preliminary Results of Antidumping Duty Administrative Review * , 73 FR 18749 (April 7, 2008). The current deadline for the final results of this review is August 5, 2008. Extension of Time Limit for Final Results of Review Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the final results in an administrative review within 120 days after the date on which the preliminary results were published. However, if it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the final results up to 180 days from the date of publication of the preliminary results. The Department finds that it is not practicable to complete the review within the original time frame due to the further analysis required in this case. In particular, the Department requested further information on Saha Thai's claim for a duty drawback adjustment, and the Department must consider Saha Thai's response, which was received after the issuance of the preliminary results. Therefore, completion of this review is not practicable by the original due date of August 5, 2008. Consequently, in accordance with section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department's regulations, the Department is extending the time limit for the completion of the final results of the review for an additional 60 days. Since the 60-day extension would result in the deadline for the final results falling on October 4, 2008, which is a Saturday, the new deadline for the final results will be the next business day, October 6, 2008. *See Notice of Clarification: Application of “Next Business Day” Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended* , 70 FR 24533 (May 10, 2005). This notice is issued and published in accordance with sections 751(a)(3)(A) and 777(i)(1) of the Act. Dated: July 16, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-16768 Filed 7-21-04; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-570-904 Certain Activated Carbon From the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: July 22, 2008. FOR FURTHER INFORMATION CONTACT: Catherine Bertrand, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone

(202)482-3207. SUPPLEMENTARY INFORMATION: Background On June 4, 2008, the Department of Commerce (the “Department”) published a notice of initiation of an administrative review of the antidumping duty order on certain activated carbon from the People's Republic of China (“PRC”) covering the period October 11, 2006 March 31, 2008. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part* , 73 FR 31813 (June 4, 2008) (“ *Initiation* ”). On June 26, 2008, Calgon Carbon Corporation and Norit Americas Inc. (the “Petitioners”) withdrew their request for an administrative review for the following 57 companies: Actview Carbon Technology Co., Ltd.; Alashan Yongtai Activated Carbon Co., Ltd.; Beijing Hibridge Trading Co., Ltd.; Changji Hongke Activated Carbon Co., Ltd.; China Nuclear Ningxia Activated Carbon Plant; Da Neng Zheng Da Activated Carbon Co., Ltd.; Datong Carbon Corporation, Datong Changtai Activated Carbon Co., Ltd.; Datong City Zuoyun County Activated Carbon Co., Ltd.; Datong Fu Ping Activated Carbon Co., Ltd.; Datong Fuping Activated Carbon Co., Ltd.; Datong Guanghua Activated Co., Ltd.; Datong Huanqing Activated Carbon Co., Ltd.; Datong Huiyuan Cooperative Activated Carbon Plant; Datong Kangda Activated Carbon Factory; Datong Runmei Activated Carbon Factory; Datong Tianzhao Activated Carbon Co., Ltd.; DaTong Tri-Star & Power Carbon Plant Ltd.; Datong Weidu Activated Carbon Co., Ltd.; Datong Zuoyun Biyun Activated Carbon Co., Ltd.; Dushanzi Chemical Factory; Fangyuan Carbonization Co., Ltd.; Fu Yuan Activated Carbon Co., Ltd.; Hegongye Ninxia Activated Carbon Factory; Hongke Activated Carbon Co., Ltd.; Jiaocheng Xinxin Purification Material Co., Ltd.; Jing Mao (Dongguan) Activated Carbon Co., Ltd.; Ningxia Baota Activated Carbon Co., Ltd.; Ningxia Fengyuan Activated Carbon Co., Ltd.; Ningxia Guanghua Activated Carbon Co., Ltd.; Ningxia Guanghua Chemical Activated Carbon Co., Ltd.; Ningxia Haoqing Activated Carbon Co., Ltd.; Ningxia Honghua Carbon Industrial Corporation; Ningxia Huinong Xingsheng Activated Carbon Co., Ltd.; Ningxia Luyuangheng Activated Carbon Co., Ltd.; Ningxia Pingluo County YaoFu Activated Carbon Factory; Ningxia Pingluo County Yaofu Activated Carbon Plant; Ningxia Pingluo Xuanzhong Activated Carbon Co., Ltd.; Ningxia Pingluo Yaofu Activated Carbon Factory; Ningxia Tianfu Activated Carbon Co., Ltd.; Ningxia Xingsheng Coal and Active Carbon Co., Ltd.; Ningxia Yinchuan Lanqiya Activated Carbon Co., Ltd.; Ningxia Yirong Alloy Iron Co., Ltd.; Ninxia Tongfu Coking Co., Ltd.; Pingluo Xuanzhong Activated Carbon Co., Ltd.; Shanxi Bluesky Purification Material Co., Ltd.; Shanxi Qixian Foreign Trade Corporation; Shanxi Xiaoyi Huanyu Chemicals Co., Ltd.; Shanxi Xinhua Activated Carbon Co., Ltd.; Shanxi Xuanzhong Chemical Industry Co., Ltd.; Tonghua Bright Future Activated Carbon Plant; Tonghua Xinpeng Activated Carbon Factory; Xi Li Activated Carbon Co., Ltd.; Xi'an Shuntong International Trade & Industrials Co., Ltd.; Xinhua Chemical Company Ltd.; Yinchuan Lanqiya Activated Carbon Co., Ltd.; and, Yuyang Activated Carbon Co., Ltd. The Petitioners were the only party to request a review of these companies. Partial Rescission Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. The Petitioners' request has fallen within the 90-day period, and thus, is timely. Because the Petitioners' withdrawal of requests for review is timely and because no other party requested a review of the aforementioned companies, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review with respect to the above listed companies. Assessment Rates The Department will instruct U.S. Customs and Border Protection (“CBP”) to assess antidumping duties on all appropriate entries. For those companies for which this review has been rescinded and which have a separate rate, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(2). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Notification to Importers This notice serves as a final reminder to importers for whom this review is being rescinded, as of the publication date of this notice, of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: July 16, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-16765 Filed 7-21-04; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD09 Marine Mammals; File No. 10045 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit. SUMMARY: Notice is hereby given that Samuel Wasser, Ph.D., has been issued a permit to conduct research on southern resident killer whales ( *Orcinus orca* ) for scientific research. ADDRESSES: The permit and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521; and Northwest Region, NMFS, 7600 Sand Point Way NE, BIN C15700, Bldg. 1, Seattle, WA 98115-0700; phone (206)526-6150; fax (206)526-6426; FOR FURTHER INFORMATION CONTACT: Jaclyn Daly or Jennifer Skidmore, (301)713-2289. SUPPLEMENTARY INFORMATION: On October 10, 2007, notice was published in the **Federal Register** (72 FR 57523) that a request for a permit to conduct research on the species identified above had been submitted by the above-named applicant. The requested permit has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 *et seq.* ), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226). The permit authorizes the permit holder to closely approach and collect fecal samples from southern resident killer whales. The purpose of the research is to investigate the impacts of prey availability, toxins, and vessel traffic on killer whales using hormone fecal analysis. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ), an environmental assessment

(EA)was prepared analyzing the effects of the permitted activities on the human environment. Based on the analyses in the EA, NMFS determined that issuance of the permit would not significantly impact the quality of the human environment and that preparation of an environmental impact statement was not required. That determination is documented in a Finding of No Significant Impact (FONSI), signed on July 8, 2008. Issuance of this permit, as required by the ESA, was based on a finding that such permit:

(1)Was applied for in good faith;

(2)will not operate to the disadvantage of such endangered species; and

(3)is consistent with the purposes and policies set forth in section 2 of the ESA. Dated: July 15, 2008. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E8-16781 Filed 7-21-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XJ13 Marine Mammals; File No. 13392 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit. SUMMARY: Notice is hereby given that Thomas A. Jefferson, NMFS Southwest Fisheries Science Center, 8604 La Jolla Shores Drive, La Jolla, CA 92037 has been issued a permit to conduct research on bottlenose dolphins ( *Tursiops truncatus* ). ADDRESSES: The permit and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521; and Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213; phone (562)980-4001; fax (562)980-4018. FOR FURTHER INFORMATION CONTACT: Kate Swails or Carrie Hubard, (301)713-2289. SUPPLEMENTARY INFORMATION: On May 16, 2008, notice was published in the **Federal Register** (73 FR 28436) that a request for a scientific research permit to take the species indicated above had been submitted by the above-named individual. The requested permit has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), and the regulations governing the taking and importing of marine mammals (50 CFR part 216). The research will provide information to better understand the levels and impacts of persistent organic pollutants on the California coastal stock of bottlenose dolphins. Up to 60 individuals will be photo-identified and biopsied over the course of the five year permit. Killer whales ( *Orcinus orca* ), harbor porpoises ( *Phocoena phocoena* ), and bottlenose dolphins could be incidentally harassed during the proposed research. The sampling will occur mainly in Monterey Bay but may also occur in other locations along California. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ), a final determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Dated: July 17, 2008. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E8-16787 Filed 7-21-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before August 21, 2008. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to

(202)395-6974. Commenters should include the following subject line in their response “Comment: [insert OMB number], [insert abbreviated collection name, e.g., “Upward Bound Evaluation”]. Persons submitting comments electronically should not submit paper copies. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget

(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:

(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;

(2)Title;

(3)Summary of the collection;

(4)Description of the need for, and proposed use of, the information;

(5)Respondents and frequency of collection; and

(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: July 17, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Planning, Evaluation and Policy Development *Type of Review:* New. *Title:* Family Educational Rights and Privacy Act (FERPA) Regulatory Requirements. *Frequency:* On Occasion; Annually. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* Responses: 1,666,013. Burden Hours: 1,666,013. *Abstract:* The Family Educational Rights and Privacy Act (FERPA) requires that subject educational agencies and institutions notify parents and students of their rights under FERPA and requires that they record disclosures of personally identifiable information from education records, with certain exceptions. *Additional Information:* The Department informed the public through the 60-day notice that the Notice of Proposed Rulemaking

(NPRM)for the Family Educational Rights and Privacy Act was published on March 24, 2008. The NPRM (Vol. 73, No. 57, page 15574) did not provide a comment period for the information collection activity. However, the 60-day notice provided and the 30-day notice provides the appropriate comment period for the information collection activity. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3693. When you access the information collection, click on “Download Attachments ” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E8-16789 Filed 7-21-08; 8:45 am] BILLING CODE 4000-01-P ELECTION ASSISTANCE COMMISSION Sunshine Act Notice AGENCY: United States Election Assistance Commission (EAC). ACTION: Notice of Virtual Public Forum for EAC Board of Advisors. DATES & TIMES: Monday, August 4, 2008, 9 a.m. EDT through Friday, August 8, 2008, 5 p.m. EDT. Place: EAC Board of Advisors Virtual Meeting Room at *http://www.eac.gov* . Once at the main page of EAC's Web site, viewers should click the link to the Board of Advisors Virtual Meeting Room. The virtual meeting room will open on Monday, August 4, 2008, at 9 a.m. EDT and will close on Friday, August 8, 2008, at 5 p.m. EDT. The site will be available 24 hours per day during that 5-day period. Purpose: The EAC Board of Advisors will review and provide comment on the draft Alternative Voting Methods report. The draft contains feasibility and advisability recommendations regarding: early voting; Election Day as a Federal holiday; vote-by-mail; vote centers; weekend voting; and, voting in Puerto Rico. The EAC Board of Advisors Virtual Meeting Room was established to enable the Board of Advisors to conduct business in an efficient manner in a public forum, including being able to review and discuss draft documents, when it is not feasible for an in-person board meeting. The Board of Advisors will not take any votes or propose any resolutions during the 5-day forum of August 4-August 8, 2008. Members will post comments about the draft Alternative Voting Methods report. This activity is open to the public. The public may view the proceedings of this special forum by visiting the EAC Board of Advisors virtual meeting room at *http://www.eac.gov* at any time between Monday, August 4, 2008, 9 a.m. EDT and Friday, August 8, 2008, 6 p.m. EDT. The public also may view the draft alternative voting methods report, which will be posted on EAC's Web site beginning August 4, 2008. The public may file written statements to the EAC Board of Advisors at *boardofadvisors@eac.gov* . Data on EAC's Web site is accessible to visitors with disabilities and meets the requirements of section 508 of the Rehabilitation Act. FOR FURTHER INFORMATION CONTACT: Bryan Whitener, Telephone:

(202)566-3100. Gracia M. Hillman, Commissioner, U.S. Election Assistance Commission. [FR Doc. 08-1457 Filed 7-18-08; 10:20 am]

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