<?xml version="1.0" encoding="UTF-8"?>
<FEDREG xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:noNamespaceSchemaLocation="FRMergedXML.xsd">
    <VOL>72</VOL>
    <NO>125</NO>
    <DATE>Friday, June 29, 2007</DATE>
    <UNITNAME>Contents</UNITNAME>
    <CNTNTS>
        <AGCY>
            <EAR>Agricultural</EAR>
            <PRTPAGE P="iii"/>
            <HD>Agricultural Marketing Service</HD>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Grade standards:</SJ>
                <SJDENT>
                    <SJDOC>Table grapes (European or Vinifera type), </SJDOC>
                    <PGS>35668</PGS>
                    <FRDOCBP T="29JNP1.sgm" D="0">E7-12384</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Agriculture</EAR>
            <HD>Agriculture Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Agricultural Marketing Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Forest Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Rural Utilities Service</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Air Force</EAR>
            <HD>Air Force Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency information collection activities; proposals, submissions, and approvals, </DOC>
                    <PGS>35696-35698</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">07-3190</FRDOCBP>
                    <FRDOCBP T="29JNN1.sgm" D="1">07-3192</FRDOCBP>
                    <FRDOCBP T="29JNN1.sgm" D="0">07-3193</FRDOCBP>
                </DOCENT>
                <SJ>Meetings:</SJ>
                <SJDENT>
                    <SJDOC>Air Force Academy Board of Visitors, </SJDOC>
                    <PGS>35698-35699</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">07-3194</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Alcohol</EAR>
            <HD>Alcohol, Tobacco, Firearms, and Explosives Bureau</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency information collection activities; proposals, submissions, and approvals, </DOC>
                    <PGS>35723-35725</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12599</FRDOCBP>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12601</FRDOCBP>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12602</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Army</EAR>
            <HD>Army Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Engineers Corps</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Blind</EAR>
            <HD>Blind or Severely Disabled, Committee for Purchase From  People Who Are</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Committee for Purchase From People Who Are Blind or Severely Disabled</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Centers</EAR>
            <HD>Centers for Medicare &amp; Medicaid Services</HD>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Medicare:</SJ>
                <SJDENT>
                    <SJDOC>Revisit User Fee Program; medicare survey and certification activities, </SJDOC>
                    <PGS>35673-35683</PGS>
                    <FRDOCBP T="29JNP1.sgm" D="10">07-3196</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency information collection activities; proposals, submissions, and approvals, </DOC>
                    <PGS>35711-35713</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="2">E7-12655</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Commerce</EAR>
            <HD>Commerce Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> International Trade Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> National Oceanic and Atmospheric Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Committee for Purchase</EAR>
            <HD>Committee for Purchase From People Who Are Blind or Severely Disabled</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Procurement list; additions and deletions, </DOC>
                    <PGS>35688-35690</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12641</FRDOCBP>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12642</FRDOCBP>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12643</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Defense</EAR>
            <HD>Defense Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Air Force Department</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Engineers Corps</P>
            </SEE>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Meetings; Sunshine Act, </DOC>
                    <PGS>35696</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">07-3209</FRDOCBP>
                    <FRDOCBP T="29JNN1.sgm" D="0">07-3211</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Delaware</EAR>
            <HD>Delaware River Basin Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Meetings and hearings, </DOC>
                    <PGS>35699-35701</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="2">E7-12638</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Election</EAR>
            <HD>Election Assistance Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Meetings; Sunshine Act, </DOC>
                    <PGS>35701</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">07-3220</FRDOCBP>
                    <FRDOCBP T="29JNN1.sgm" D="0">07-3221</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Employee</EAR>
            <HD>Employee Benefits Security Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Employee benefit plans; individual exemptions:</SJ>
                <SJDENT>
                    <SJDOC>Mellon Financial Corp. et al.; correction, </SJDOC>
                    <PGS>35745</PGS>
                    <FRDOCBP T="29JNCX.sgm" D="0">Z7-4982</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Employment</EAR>
            <HD>Employment and Training Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Senior Community Service Employment Program:</SJ>
                <SJDENT>
                    <SJDOC>Performance accountability measures, </SJDOC>
                    <PGS>35832-35848</PGS>
                    <FRDOCBP T="29JNR2.sgm" D="16">E7-12541</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Energy</EAR>
            <HD>Energy Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Federal Energy Regulatory Commission</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Engineers</EAR>
            <HD>Engineers Corps</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Environmental statements; availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Berths 136-147 [TraPac] Container Terminal Project, Los Angeles, CA, </SJDOC>
                    <PGS>35699</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12540</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>EPA</EAR>
            <HD>Environmental Protection Agency</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Air programs:</SJ>
                <SJDENT>
                    <SJDOC>Implementation plans; preparation, adoption, and submittal requirements; CFR correction, </SJDOC>
                    <PGS>35663</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="0">07-55507</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National emission standards for hazardous air pollutants for source categories; CFR correction, </SJDOC>
                    <PGS>35663</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="0">07-55506</FRDOCBP>
                </SJDENT>
                <SJ>Pesticide programs:</SJ>
                <SJDENT>
                    <SJDOC>Worker protection standard; CFR correction, </SJDOC>
                    <PGS>35663</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="0">07-55508</FRDOCBP>
                </SJDENT>
                <SJ>Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:</SJ>
                <SJDENT>
                    <SJDOC>Nomenclature changes; technical amendment, </SJDOC>
                    <PGS>35663-35666</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="3">E7-12645</FRDOCBP>
                </SJDENT>
                <SJ>Solid wastes:</SJ>
                <SJDENT>
                    <SJDOC>Universal waste management standards; CFR correction, </SJDOC>
                    <PGS>35666</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="0">07-55505</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Committees; establishment, renewal, termination, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Total Coliform Rule Distribution System Advisory Committee, </SJDOC>
                    <PGS>35870</PGS>
                    <FRDOCBP T="29JNN3.sgm" D="0">E7-12649</FRDOCBP>
                </SJDENT>
                <SJ>Environmental statements; availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Agency comment availability, </SJDOC>
                    <PGS>35704-35705</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12651</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Agency weekly receipts, </SJDOC>
                    <PGS>35705</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12652</FRDOCBP>
                </SJDENT>
                <SJ>Meetings:</SJ>
                <SJDENT>
                    <SJDOC>FIFRA Scientific Advisory Panel, </SJDOC>
                    <PGS>35705-35708</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="3">E7-12571</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Total Coliform Rule Distribution System Advisory Committee, </SJDOC>
                    <PGS>35870</PGS>
                    <FRDOCBP T="29JNN3.sgm" D="0">E7-12648</FRDOCBP>
                </SJDENT>
                <SJ>Superfund; response and remedial actions, proposed settlements, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Shuron Inc. Site, SC, </SJDOC>
                    <PGS>35708</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12646</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Executive</EAR>
            <HD>Executive Office of the President</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Presidential Documents</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Science and Technology Policy Office</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>FAA</EAR>
            <HD>Federal Aviation Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Airworthiness directives:</SJ>
                <SJDENT>
                    <SJDOC>APEX Aircraft, </SJDOC>
                    <PGS>35639-35640</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="1">E7-12319</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Empresa Brasileira de Aeronautica S.A. (EMBRAER), </SJDOC>
                    <PGS>35645-35647</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="2">E7-12221</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>McDonnell Douglas, </SJDOC>
                    <PGS>35640-35643</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="2">E7-11927</FRDOCBP>
                    <FRDOCBP T="29JNR1.sgm" D="1">E7-11932</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>PIAGGIO AERO INDUSTRIES S.p.A, </SJDOC>
                    <PGS>35643-35645</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="2">E7-12008</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>FBI</EAR>
            <PRTPAGE P="iv"/>
            <HD>Federal Bureau of Investigation</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency information collection activities; proposals, submissions, and approvals, </DOC>
                    <PGS>35726</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12593</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>FCC</EAR>
            <HD>Federal Communications Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Rulemaking proceedings; petitions, filed, granted, denied, etc., </DOC>
                    <PGS>35709</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12594</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>FDIC</EAR>
            <HD>Federal Deposit Insurance Corporation</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Meetings:</SJ>
                <SJDENT>
                    <SJDOC>Economic Inclusion Advisory Committee, </SJDOC>
                    <PGS>35709-35710</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12632</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Energy</EAR>
            <HD>Federal Energy Regulatory Commission</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Public Utility Regulatory Policies Act:</SJ>
                <SJDENT>
                    <SJDOC>Small power production and cogeneration facilities, </SJDOC>
                    <PGS>35872-35892</PGS>
                    <FRDOCBP T="29JNR3.sgm" D="20">E7-12553</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Natural gas companies (Natural Gas Act):</SJ>
                <SJDENT>
                    <SJDOC>Land owner notification and noise survey requirements, </SJDOC>
                    <PGS>35669-35672</PGS>
                    <FRDOCBP T="29JNP1.sgm" D="3">E7-12557</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Electric utilities (Federal Power Act):</SJ>
                <SJDENT>
                    <SJDOC>Western Systems Power Pool Agreement; refund effective date, </SJDOC>
                    <PGS>35704</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12611</FRDOCBP>
                </SJDENT>
                <SJ>
                    <E T="03">Applications, hearings, determinations, etc.:</E>
                </SJ>
                <SJDENT>
                    <SJDOC>Continental Cogeneration Services, </SJDOC>
                    <PGS>35702</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12614</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Dominion Cove Point LNG, LP, </SJDOC>
                    <PGS>35702</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12612</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Dominion Transmission, Inc., </SJDOC>
                    <PGS>35702-35703</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12613</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Eugene Water and Electric Board, </SJDOC>
                    <PGS>35703</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12617</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Fulcrum Energy Ltd., </SJDOC>
                    <PGS>35703</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12616</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Rainbow Energy Ventures LLC, </SJDOC>
                    <PGS>35703-35704</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12615</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Highway</EAR>
            <HD>Federal Highway Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Environmental statements; notice of intent:</SJ>
                <SJDENT>
                    <SJDOC>Jackson and Jennings Counties, IN, </SJDOC>
                    <PGS>35737-35738</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12629</FRDOCBP>
                </SJDENT>
                <SJ>Federal agency actions on proposed highways; judicial review claims:</SJ>
                <SJDENT>
                    <SJDOC>Arizona; Yuma Area Service Highway, </SJDOC>
                    <PGS>35738-35739</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">07-3166</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Financial</EAR>
            <HD>Financial Management Service</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Fiscal Service</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Fiscal</EAR>
            <HD>Fiscal Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Interest rates:</SJ>
                <SJDENT>
                    <SJDOC>Renegotiation board; prompt payment rates, </SJDOC>
                    <PGS>35742-35743</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">07-3178</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Fish</EAR>
            <HD>Fish and Wildlife Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Environmental statements; availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Sabine National Wildlife Refuge, LA; comprehensive conservation plan, </SJDOC>
                    <PGS>35717-35718</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12628</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Forest</EAR>
            <HD>Forest Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Meetings:</SJ>
                <SJDENT>
                    <SJDOC>Coordinated Resource Offering Protocol, </SJDOC>
                    <PGS>35684</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12623</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Forest Counties Payments Committee, </SJDOC>
                    <PGS>35684-35685</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12622</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Health</EAR>
            <HD>Health and Human Services Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Centers for Medicare &amp; Medicaid Services</P>
            </SEE>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency information collection activities; proposals, submissions, and approvals, </DOC>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12619</FRDOCBP>
                    <PGS>35710-35711</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12620</FRDOCBP>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12621</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Homeland</EAR>
            <HD>Homeland Security Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> U.S. Citizenship and Immigration Services</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> U.S. Customs and Border Protection</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> U.S. Immigration and Customs Enforcement</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Housing</EAR>
            <HD>Housing and Urban Development Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency information collection activities; proposals, submissions, and approvals, </DOC>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12580</FRDOCBP>
                    <PGS>35714-35717</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12582</FRDOCBP>
                    <FRDOCBP T="29JNN1.sgm" D="1">07-3214</FRDOCBP>
                </DOCENT>
                <SJ>Grants and cooperative agreements; availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Homeless assistance; excess and surplus Federal properties, </SJDOC>
                    <PGS>35717</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12373</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>HOPE VI Main Street Grants, </SJDOC>
                    <PGS>35850-35868</PGS>
                    <FRDOCBP T="29JNN2.sgm" D="18">E7-12583</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Interior</EAR>
            <HD>Interior Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Fish and Wildlife Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Land Management Bureau</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Minerals Management Service</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>IRS</EAR>
            <HD>Internal Revenue Service</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Income taxes:</SJ>
                <SJDENT>
                    <SJDOC>Business electronic filing and burden reduction; facilitation; correction, </SJDOC>
                    <PGS>35658-35659</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="1">E7-12590</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Excise taxes:</SJ>
                <SUBSJ>Pension excise taxes—</SUBSJ>
                <SSJDENT>
                    <SUBSJDOC>Health savings accounts; employer comparable contributions; hearing; correction, </SUBSJDOC>
                    <PGS>35672-35673</PGS>
                    <FRDOCBP T="29JNP1.sgm" D="1">E7-12587</FRDOCBP>
                </SSJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Meetings:</SJ>
                <SJDENT>
                    <SJDOC>Taxpayer Advocacy Panels, </SJDOC>
                    <PGS>35743</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12588</FRDOCBP>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12591</FRDOCBP>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12592</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>International</EAR>
            <HD>International Boundary and Water Commission, United States and Mexico</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Environmental statements; availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Hidalgo and Cameron Counties, TX; Lower Rio Grande Flood Control Project, </SJDOC>
                    <PGS>35721-35722</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12509</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>International</EAR>
            <HD>International Trade Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Antidumping and countervailing duties:</SJ>
                <SJDENT>
                    <SJDOC>Administrative review requests, </SJDOC>
                    <PGS>35690-35693</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="3">E7-12644</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>International</EAR>
            <HD>International Trade Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Import investigations:</SJ>
                <SJDENT>
                    <SJDOC>Cuba; agricultural sales; economic effects of U.S. restrictions, </SJDOC>
                    <PGS>35722</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12657</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Justice</EAR>
            <HD>Justice Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Alcohol, Tobacco, Firearms, and Explosives Bureau</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Federal Bureau of Investigation</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Justice Programs Office</P>
            </SEE>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency information collection activities; proposals, submissions, and approvals, </DOC>
                    <PGS>35722-35723</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12598</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Justice</EAR>
            <HD>Justice Programs Office</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency information collection activities; proposals, submissions, and approvals, </DOC>
                    <PGS>35726-35728</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12595</FRDOCBP>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12597</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Labor</EAR>
            <HD>Labor Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Employee Benefits Security Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Employment and Training Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Mine Safety and Health Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Land</EAR>
            <PRTPAGE P="v"/>
            <HD>Land Management Bureau</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Environmental statements; availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Western United States and Alaska; vegetation treatments on public lands using chemical herbicides and other methods, </SJDOC>
                    <PGS>35718-35719</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12533</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Mexico</EAR>
            <HD>Mexico and United States, International Boundary and Water Commission</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> International Boundary and Water Commission, United States and Mexico</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Minerals</EAR>
            <HD>Minerals Management Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Environmental statements; availability, etc.:</SJ>
                <SUBSJ>Gulf of Mexico OCS—</SUBSJ>
                <SSJDENT>
                    <SUBSJDOC>Oil and gas lease sales, </SUBSJDOC>
                    <PGS>35719-35720</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12667</FRDOCBP>
                </SSJDENT>
                <SJ>Outer Continental Shelf operations:</SJ>
                <SUBSJ>Gulf of Mexico—</SUBSJ>
                <SSJDENT>
                    <SUBSJDOC>Official protraction diagrams; availability, </SUBSJDOC>
                    <PGS>35720</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12579</FRDOCBP>
                </SSJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Mine</EAR>
            <HD>Mine Safety and Health Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Reporting and recordkeeping requirements:</SJ>
                <SJDENT>
                    <SJDOC>OMB control numbers; list update; technical amendment, </SJDOC>
                    <PGS>35659-35661</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="2">E7-12578</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency information collection activities; proposals, submissions, and approvals, </DOC>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12523</FRDOCBP>
                    <PGS>35728-35731</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12525</FRDOCBP>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12526</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>NASA</EAR>
            <HD>National Aeronautics and Space Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Federal Acquisition Regulation (FAR):</SJ>
                <SJDENT>
                    <SJDOC>Award fee contracts; evaluation factors, </SJDOC>
                    <PGS>35666-35667</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="1">E7-12656</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>NOAA</EAR>
            <HD>National Oceanic and Atmospheric Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Fishery conservation and management:</SJ>
                <SUBSJ>Alaska; fisheries of Exclusive Economic Zone—</SUBSJ>
                <SSJDENT>
                    <SUBSJDOC>Deep water species, </SUBSJDOC>
                    <PGS>35667</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="0">E7-12660</FRDOCBP>
                </SSJDENT>
            </CAT>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Fishery conservation and management:</SJ>
                <SUBSJ>Alaska; fisheries of Exclusive Economic Zone—</SUBSJ>
                <SSJDENT>
                    <SUBSJDOC>Bering Sea and Aleutian Islands king and tanner crabs and groundfish, </SUBSJDOC>
                    <PGS>35748-35829</PGS>
                    <FRDOCBP T="29JNP2.sgm" D="81">07-3117</FRDOCBP>
                </SSJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Endangered and threatened species:</SJ>
                <SUBSJ>Anadromous fish take—</SUBSJ>
                <SSJDENT>
                    <SUBSJDOC>Middle Columbia River steelhead, </SUBSJDOC>
                    <PGS>35693-35695</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="2">E7-12654</FRDOCBP>
                </SSJDENT>
                <SJ>Meetings:</SJ>
                <SJDENT>
                    <SJDOC>Pacific Fishery Management Council, </SJDOC>
                    <PGS>35695</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12637</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Southeastern Data, Assessment, and Review Steering Committee, </SJDOC>
                    <PGS>35695-35696</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12636</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Nuclear</EAR>
            <HD>Nuclear Regulatory Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Plants and materials; physical protection:</SJ>
                <SJDENT>
                    <SJDOC>Irradiated reactor fuel shipments; advance notification to State governors, </SJDOC>
                    <PGS>35732-35735</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="3">E7-12634</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Postal</EAR>
            <HD>Postal Service</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Practice and procedure:</SJ>
                <SJDENT>
                    <SJDOC>Contract Appeals Board; small claims (expedited) and accelerated proceedings, </SJDOC>
                    <PGS>35662-35663</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="1">E7-12491</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Presidential</EAR>
            <HD>Presidential Documents</HD>
            <CAT>
                <HD>PROCLAMATIONS</HD>
                <SJ>Trade:</SJ>
                <SJDENT>
                    <SJDOC>Generalized system of preferences duty-free treatment, modifications, and African Growth and Opportunity Act, beneficiary country designations, </SJDOC>
                      
                    <PGS>35893-35905</PGS>
                      
                    <FRDOCBP T="29JND0.sgm" D="12">07-3225</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Public</EAR>
            <HD>Public Debt Bureau</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Fiscal Service</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>RUS</EAR>
            <HD>Rural Utilities Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Grants and cooperative agreements; availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Community Connect Program, </SJDOC>
                    <PGS>35685-35688</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="3">E7-12735</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Science</EAR>
            <HD>Science and Technology Policy Office</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Committees; establishment, renewal, termination, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Ocean Science and Resource Management Integration Interagency Committee and National Ocean Research Leadership Council; alignment, </SJDOC>
                    <PGS>35708-35709</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12510</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>SEC</EAR>
            <HD>Securities and Exchange Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Self-regulatory organizations; proposed rule changes:</SJ>
                <SJDENT>
                    <SJDOC>American Stock Exchange LLC; correction, </SJDOC>
                    <PGS>35745</PGS>
                    <FRDOCBP T="29JNCX.sgm" D="0">Z7-11367</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Boston Stock Exchange, Inc., </SJDOC>
                    <PGS>35735-35736</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12604</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Surface</EAR>
            <HD>Surface Transportation Board</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Environmental statements; availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Six County Association of Governments, UT, </SJDOC>
                    <PGS>35739</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12521</FRDOCBP>
                </SJDENT>
                <SJ>Railroad operation, acquisition, construction, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Duluth, Missabe and Iron Range Railway Co., </SJDOC>
                    <PGS>35739-35740</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12606</FRDOCBP>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12608</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Duluth, Winnipeg and Pacific Railway Co., </SJDOC>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12607</FRDOCBP>
                    <PGS>35740-35741</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12609</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Kansas City Southern Railway Co., </SJDOC>
                    <PGS>35741</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12631</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Wisconsin Central Ltd., </SJDOC>
                    <PGS>35741-35742</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12559</FRDOCBP>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12610</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Susquehanna</EAR>
            <HD>Susquehanna River Basin Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Reports and guidance documents; availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Water resource projects approved; list, </SJDOC>
                    <PGS>35736-35737</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="1">E7-12618</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Transportation</EAR>
            <HD>Transportation Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Federal Aviation Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Federal Highway Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Surface Transportation Board</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Treasury</EAR>
            <HD>Treasury Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Fiscal Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P> Internal Revenue Service</P>
            </SEE>
            <CAT>
                <HD>RULES</HD>
                <DOCENT>
                    <DOC>U.S. - Morocco Free Trade Agreement, </DOC>
                    <PGS>35647-35658</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="11">07-3153</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>U.S.</EAR>
            <HD>U.S.-China Economic and Security Review Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Hearings, </DOC>
                    <PGS>35744</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12647</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>MISSING FOR: U.S. Citizenship and Immigration Services</EAR>
            <HD>U.S. Citizenship and Immigration Services</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency information collection activities; proposals, submissions, and approvals, </DOC>
                    <PGS>35713</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12630</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>MISSING FOR: U.S. Customs and Border Protection</EAR>
            <HD>U.S. Customs and Border Protection</HD>
            <CAT>
                <HD>RULES</HD>
                <DOCENT>
                    <DOC>U.S. - Morocco Free Trade Agreement, </DOC>
                    <PGS>35647-35658</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="11">07-3153</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>MISSING FOR: U.S. Immigration and Customs Enforcement</EAR>
            <PRTPAGE P="vi"/>
            <HD>U.S. Immigration and Customs Enforcement</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency information collection activities; proposals, submissions, and approvals, </DOC>
                    <PGS>35714</PGS>
                    <FRDOCBP T="29JNN1.sgm" D="0">E7-12659</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Veterans</EAR>
            <HD>Veterans Affairs Department</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Vocational rehabilitation and education:</SJ>
                <SUBSJ>Veterans and dependents education—</SUBSJ>
                <SSJDENT>
                    <SUBSJDOC>Topping up tuition assistance; licensing and certification tests; duty to assist education claimants; correction, </SUBSJDOC>
                    <PGS>35661-35662</PGS>
                    <FRDOCBP T="29JNR1.sgm" D="1">E7-12589</FRDOCBP>
                </SSJDENT>
            </CAT>
        </AGCY>
        <PTS>
            <HD SOURCE="HED">Separate Parts In This Issue</HD>
            <HD>Part II</HD>
            <DOCENT>
                <DOC>Commerce Department, National Oceanic and Atmospheric Administration, </DOC>
                <PGS>35748-35829</PGS>
                <FRDOCBP T="29JNP2.sgm" D="81">07-3117</FRDOCBP>
            </DOCENT>
            <HD>Part III</HD>
            <DOCENT>
                <DOC>Labor Department, Employment and Training Administration, </DOC>
                <PGS>35832-35848</PGS>
                <FRDOCBP T="29JNR2.sgm" D="16">E7-12541</FRDOCBP>
            </DOCENT>
            <HD>Part IV</HD>
            <DOCENT>
                <DOC>Housing and Urban Development Department, </DOC>
                <PGS>35850-35868</PGS>
                <FRDOCBP T="29JNN2.sgm" D="18">E7-12583</FRDOCBP>
            </DOCENT>
            <HD>Part V</HD>
            <DOCENT>
                <DOC>Environmental Protection Agency, </DOC>
                <PGS>35870</PGS>
                <FRDOCBP T="29JNN3.sgm" D="0">E7-12648</FRDOCBP>
                <FRDOCBP T="29JNN3.sgm" D="0">E7-12649</FRDOCBP>
            </DOCENT>
            <HD>Part VI</HD>
            <DOCENT>
                <DOC>Energy Department, Federal Energy Regulatory Commission, </DOC>
                <PGS>35872-35892</PGS>
                <FRDOCBP T="29JNR3.sgm" D="20">E7-12553</FRDOCBP>
            </DOCENT>
            <HD>Part VII</HD>
            <DOCENT>
                <DOC>Executive Office of the President, Presidential Documents, </DOC>
                  
                <PGS>35893-35905</PGS>
                  
                <FRDOCBP T="29JND0.sgm" D="12">07-3225</FRDOCBP>
            </DOCENT>
        </PTS>
        <AIDS>
            <HD SOURCE="HED">Reader Aids</HD>
            <P>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.</P>
            <P> </P>
            <P>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.</P>
        </AIDS>
    </CNTNTS>
    <VOL>72</VOL>
    <NO>125</NO>
    <DATE>Friday, June 29, 2007</DATE>
    <UNITNAME>Rules and Regulations</UNITNAME>
    <RULES>
        <RULE>
            <PREAMB>
                <PRTPAGE P="35639"/>
                <AGENCY TYPE="F">DEPARTMENT OF TRANSPORTATION </AGENCY>
                <SUBAGY>Federal Aviation Administration </SUBAGY>
                <CFR>14 CFR Part 39 </CFR>
                <DEPDOC>[Docket No. FAA-2007-27530 Directorate Identifier 2007-CE-019-AD; Amendment 39-15118; AD 2007-13-14] </DEPDOC>
                <RIN>RIN 2120-AA64 </RIN>
                <SUBJECT>Airworthiness Directives; APEX Aircraft Model CAP 10 B Airplanes </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), Department of Transportation (DOT). </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: </P>
                    <EXTRACT>
                        <P>Two cases of rudder lower support with cracks have been reported, waiting for a technical solution, inspections are required.</P>
                    </EXTRACT>
                      
                </SUM>
                <FP>We are issuing this AD to require actions to correct the unsafe condition on these products.</FP>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD becomes effective August 3, 2007. </P>
                    <P>On August 3, 2007 the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. </P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        You may examine the AD docket on the Internet at 
                        <E T="03">http://dms.dot.gov</E>
                         or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. 
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Discussion </HD>
                <P>
                    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the 
                    <E T="04">Federal Register</E>
                     on April 2, 2007 (72 FR 15635). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that: 
                </P>
                <EXTRACT>
                    <P>Two cases of rudder lower support with cracks have been reported, waiting for a technical solution, inspections are required.</P>
                </EXTRACT>
                <HD SOURCE="HD1">Comments </HD>
                <P>We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. </P>
                <HD SOURCE="HD1">Conclusion </HD>
                <P>We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. </P>
                <HD SOURCE="HD1">Differences Between This AD and the MCAI or Service Information </HD>
                <P>We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. </P>
                <P>We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a Note within the AD. </P>
                <HD SOURCE="HD1">Costs of Compliance </HD>
                <P>We estimate that this AD will affect 31 products of U.S. registry. We also estimate that it will take about 8 work-hours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $19,840 or $640 per product. </P>
                <P>In addition, we estimate that any necessary follow-on actions would take about 5 work-hours and require parts provided by APEX Aircraft under warranty, for a cost of $400 per product. We have no way of determining the number of products that may need these actions. </P>
                <HD SOURCE="HD1">Authority for This Rulemaking </HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. </P>
                <P>We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. </P>
                <HD SOURCE="HD1">Regulatory Findings </HD>
                <P>We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. </P>
                <P>For the reasons discussed above, I certify this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866; </P>
                <P>(2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and </P>
                <P>(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. </P>
                <P>We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket. </P>
                <HD SOURCE="HD1">Examining the AD Docket </HD>
                <P>
                    You may examine the AD docket on the Internet at 
                    <E T="03">http://dms.dot.gov;</E>
                     or in 
                    <PRTPAGE P="35640"/>
                    person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5527) is in the 
                    <E T="02">ADDRESSES</E>
                     section. Comments will be available in the AD docket shortly after receipt. 
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39 </HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <REGTEXT TITLE="14" PART="39">
                    <HD SOURCE="HD1">Adoption of the Amendment </HD>
                    <AMDPAR>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: </AMDPAR>
                    <PART>
                        <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES </HD>
                    </PART>
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows: </AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>49 U.S.C. 106(g), 40113, 44701. </P>
                    </AUTH>
                    <SECTION>
                        <SECTNO>§ 39.13 </SECTNO>
                        <SUBJECT>[Amended] </SUBJECT>
                    </SECTION>
                    <AMDPAR>2. The FAA amends § 39.13 by adding the following new AD: </AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2007-13-14 APEX Aircraft:</E>
                             Amendment 39-15118; Docket No. FAA-2007-27530; Directorate Identifier 2007-CE-019-AD. 
                        </FP>
                        <HD SOURCE="HD1">Effective Date </HD>
                        <P>(a) This airworthiness directive (AD) becomes effective August 3, 2007. </P>
                        <HD SOURCE="HD1">Affected ADs </HD>
                        <P>(b) None. </P>
                        <HD SOURCE="HD1">Applicability </HD>
                        <P>(c) This AD applies to Model CAP 10 B airplanes, all serial numbers, that are: </P>
                        <P>(1) Fitted with a rudder lower support, part number (P/N) CAP10-30-08-01* or CAP230-30-08-01* (* with or without a letter at the reference end), as applicable, supplied by APEX Aircraft after January 1, 2001; and </P>
                        <P>(2) Certificated in any category. </P>
                        <HD SOURCE="HD1">Subject </HD>
                        <P>(d) Air Transport Association of America (ATA) Code 55: Stabilizers. </P>
                        <HD SOURCE="HD1">Reason </HD>
                        <P>(e) The mandatory continuing airworthiness information (MCAI) states: </P>
                        <P>Two cases of rudder lower support with cracks have been reported, waiting for a technical solution, inspections are required. </P>
                        <HD SOURCE="HD1">Actions and Compliance </HD>
                        <P>(f) Unless already done, do the following actions: </P>
                        <P>(1) Within the next 50 hours time-in-service (TIS) after August 3, 2007 (the effective date of this AD), do inspection A using Apex Aircraft Service Bulletin No. 040707, dated July 29, 2004. </P>
                        <P>(2) Every 50 hours TIS after the inspection required by paragraph (f)(1) of this AD, do inspection B using Apex Aircraft Service Bulletin No. 040707, dated July 29, 2004. </P>
                        <P>(3) When a crack is detected as a result of any inspection required by paragraph (f)(1) or (f)(2) of this AD, before further flight, return the part to APEX Aviation using Apex Aircraft Service Bulletin No. 040707, dated July 29, 2004, and install an airworthy part or incorporate the repair. Continued operation with any rudder lower support with cracks is prohibited. </P>
                        <P>(4) Before further flight after the inspection required in paragraph (f)(1) of this AD, do not install a rudder lower support, P/N CAP10-30-08-01* or CAP230-30-08-01*, unless it is inspected and found to be crack free following the requirements of this AD. </P>
                        <HD SOURCE="HD1">FAA AD Differences </HD>
                        <NOTE>
                            <HD SOURCE="HED">Note:</HD>
                            <P>This AD differs from the MCAI and/or service information as follows: The MCAI and service bulletin require inspection A before the next flight and inspection B every 25 flight hours. We consider before the next flight as an urgent safety of flight compliance time, and we do not consider this unsafe condition to be an urgent safety of flight condition. Because we do not consider this unsafe condition to be an urgent safety of flight condition, we issued this action through the normal notice of proposed rulemaking (NPRM) AD process followed by this final rule. The time of 50 hours TIS is an adequate compliance for this AD action and meets the FAA requirements of an NPRM followed by a final rule.</P>
                        </NOTE>
                        <HD SOURCE="HD1">Other FAA AD Provisions </HD>
                        <P>(g) The following provisions also apply to this AD: </P>
                        <P>(1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Staff, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. </P>
                        <P>(2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. </P>
                        <P>
                            (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 
                            <E T="03">et seq.</E>
                            ), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120-0056. 
                        </P>
                        <HD SOURCE="HD1">Related Information </HD>
                        <P>(h) Refer to MCAI EASA AD No. F-2004-143, dated August 18, 2004; and Apex Aircraft Service Bulletin No. 040707, dated July 29, 2004, for related information. </P>
                        <HD SOURCE="HD1">Material Incorporated by Reference </HD>
                        <P>(i) You must use Apex Aircraft Service Bulletin No. 040707, dated July 29, 2004, to do the actions required by this AD, unless the AD specifies otherwise. </P>
                        <P>(1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. </P>
                        <P>
                            (2) For service information identified in this AD, contact Apex Aircraft, Bureau de Navigabilité, 1 route de Troyes, 21121 DAROIS—France, telephone: (33) 380 35 65 10; fax: (33) 380 35 65 15; e-mail: 
                            <E T="03">apex-aircraft.com.</E>
                        </P>
                        <P>
                            (3) You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: 
                            <E T="03">http://www.archives.gov/federal-register/cfr/ibr-locations.html.</E>
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued in Kansas City, Missouri, on June 19, 2007. </DATED>
                    <NAME>Kim Smith, </NAME>
                    <TITLE>Manager, Small Airplane Directorate, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12319 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4910-13-P </BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
                <SUBAGY>Federal Aviation Administration </SUBAGY>
                <CFR>14 CFR Part 39 </CFR>
                <DEPDOC>[Docket No. FAA-2006-24978; Directorate Identifier 2006-NM-108-AD; Amendment 39-15113; AD 2007-13-09] </DEPDOC>
                <RIN>RIN 2120-AA64 </RIN>
                <SUBJECT>Airworthiness Directives; McDonnell Douglas Model 717-200 Airplanes </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), Department of Transportation (DOT). </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model 717-200 airplanes. This AD requires modifying the fuel boost pump container of the center tank. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent exposing the fuel pump container vapor area to electrical arcing during a fuel pump motor case or connector burn through, which could result in a fuel tank explosion. </P>
                </SUM>
                <DATES>
                    <PRTPAGE P="35641"/>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD becomes effective August 3, 2007. </P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of August 3, 2007. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        You may examine the AD docket on the Internet at 
                        <E T="03">http://dms.dot.gov</E>
                         or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. 
                    </P>
                    <P>Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for service information identified in this AD. </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>William Bond, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone (562) 627-5253; fax (562) 627-5210. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Examining the Docket </HD>
                <P>
                    You may examine the AD docket on the Internet at 
                    <E T="03">http://dms.dot.gov</E>
                     or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone (800) 647-5527) is located on the ground floor of the West Building at the street address stated in the 
                    <E T="02">ADDRESSES</E>
                     section. 
                </P>
                <HD SOURCE="HD1">Discussion </HD>
                <P>
                    The FAA issued a supplemental notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to certain McDonnell Douglas Model 717-200 airplanes. That supplemental NPRM was published in the 
                    <E T="04">Federal Register</E>
                     on April 30, 2007 (72 FR 21169). That supplemental NPRM proposed to require modifying the fuel boost pump container of the center tank. That supplemental NPRM also proposed to add airplanes to the applicability. 
                </P>
                <HD SOURCE="HD1">Comments </HD>
                <P>We provided the public the opportunity to participate in the development of this AD. No comments have been received on the supplemental NPRM or on the determination of the cost to the public. </P>
                <HD SOURCE="HD1">Clarification of Alternative Method of Compliance (AMOC) Paragraph </HD>
                <P>We have revised this action to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies. </P>
                <HD SOURCE="HD1">Conclusion </HD>
                <P>We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. </P>
                <HD SOURCE="HD1">Costs of Compliance </HD>
                <P>There are about 145 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs for U.S. operators to comply with this AD. </P>
                <GPOTABLE COLS="7" OPTS="L2,i1" CDEF="s25,12C,12C,12C,12C,12C,12C">
                    <TTITLE>Estimated Costs </TTITLE>
                    <BOXHD>
                        <CHED H="1">Action </CHED>
                        <CHED H="1">Work hours </CHED>
                        <CHED H="1">Average labor rate per hour </CHED>
                        <CHED H="1">Parts </CHED>
                        <CHED H="1">
                            Cost per 
                            <LI>airplane </LI>
                        </CHED>
                        <CHED H="1">Number of U.S.-registered airplanes </CHED>
                        <CHED H="1">Fleet cost </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Modification</ENT>
                        <ENT>2 </ENT>
                        <ENT>$80</ENT>
                        <ENT>$1,180</ENT>
                        <ENT>$1,340</ENT>
                        <ENT>114</ENT>
                        <ENT>$152,760</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Authority for This Rulemaking </HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. </P>
                <P>We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. </P>
                <HD SOURCE="HD1">Regulatory Findings </HD>
                <P>We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. </P>
                <P>For the reasons discussed above, I certify that this AD: </P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866; </P>
                <P>(2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and </P>
                <P>(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. </P>
                <P>
                    We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the 
                    <E T="02">ADDRESSES</E>
                     section for a location to examine the regulatory evaluation. 
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39 </HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <REGTEXT TITLE="14" PART="39">
                    <HD SOURCE="HD1">Adoption of the Amendment </HD>
                    <AMDPAR>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: </AMDPAR>
                    <PART>
                        <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES </HD>
                    </PART>
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows: </AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>49 U.S.C. 106(g), 40113, 44701. </P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="14" PART="39">
                    <SECTION>
                        <SECTNO>§ 39.13 </SECTNO>
                        <SUBJECT>[Amended] </SUBJECT>
                    </SECTION>
                    <AMDPAR>2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): </AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2007-13-09 McDonnell Douglas:</E>
                             Amendment 39-15113. Docket No. FAA 2006-24978; Directorate Identifier 2006-NM-108-AD. 
                        </FP>
                        <HD SOURCE="HD1">Effective Date </HD>
                        <P>(a) This AD becomes effective August 3, 2007. </P>
                        <HD SOURCE="HD1">Affected ADs </HD>
                        <P>
                            (b) None. 
                            <PRTPAGE P="35642"/>
                        </P>
                        <HD SOURCE="HD1">Applicability </HD>
                        <P>(c) This AD applies to McDonnell Douglas Model 717-200 airplanes, certificated in any category; as identified in Boeing Service Bulletin 717-28-0013, Revision 2, dated September 13, 2006. </P>
                        <HD SOURCE="HD1">Unsafe Condition </HD>
                        <P>(d) This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent exposing the fuel pump container vapor area to electrical arcing during a fuel pump motor case or connector burn through, which could result in a fuel tank explosion. </P>
                        <HD SOURCE="HD1">Compliance </HD>
                        <P>(e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. </P>
                        <HD SOURCE="HD1">Modification </HD>
                        <P>(f) Within 78 months after the effective date of this AD, modify the fuel boost pump container of the center tank by doing all the actions specified in the Accomplishment Instructions of Boeing Service Bulletin 717-28-0013, Revision 2, dated September 13, 2006. </P>
                        <HD SOURCE="HD1">Actions Accomplished According to Previous Issue of Service Bulletin </HD>
                        <P>(g) Modifications accomplished before the effective date of this AD in accordance with Boeing Service Bulletin 717-28-0013, dated July 28, 2004; or Boeing Service Bulletin 717-28-0013, Revision 1, dated April 7, 2006; are considered acceptable for compliance with the corresponding action specified in this AD. </P>
                        <HD SOURCE="HD1">Alternative Methods of Compliance (AMOCs) </HD>
                        <P>(h)(1) The Manager, Los Angeles Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. </P>
                        <P>(2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. </P>
                        <HD SOURCE="HD1">Material Incorporated by Reference </HD>
                        <P>
                            (i) You must use Boeing Service Bulletin 717-28-0013, Revision 2, dated September 13, 2006, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: 
                            <E T="03">http://www.archives.gov/federal-register/cfr/ibr-locations.html.</E>
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued in Renton, Washington, on June 13, 2007. </DATED>
                    <NAME>Ali Bahrami, </NAME>
                    <TITLE>Manager, Transport Airplane Directorate, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-11927 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4910-13-P </BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
                <SUBAGY>Federal Aviation Administration </SUBAGY>
                <CFR>14 CFR Part 39 </CFR>
                <DEPDOC>[Docket No. FAA-2007-27302; Directorate Identifier 2006-NM-273-AD; Amendment 39-15114; AD 2007-13-10] </DEPDOC>
                <RIN>RIN 2120-AA64 </RIN>
                <SUBJECT>Airworthiness Directives; McDonnell Douglas DC-10-30 and DC-10-30F Airplanes </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), Department of Transportation (DOT). </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas DC-10-30 and DC-10-30F airplanes. This AD requires installing Teflon sleeving around the fuel pump wire harness inside the conduit in the aft supplemental fuel tank. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD becomes effective August 3, 2007. </P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of August 3, 2007. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        You may examine the AD docket on the Internet at 
                        <E T="03">http://dms.dot.gov</E>
                         or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC. 
                    </P>
                    <P>Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for service information identified in this AD. </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Samuel Lee, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone (562) 627-5262; fax (562) 627-5210. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Examining the Docket </HD>
                <P>
                    You may examine the airworthiness directive (AD) docket on the Internet at 
                    <E T="03">http://dms.dot.gov</E>
                     or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone (800) 647-5527) is located on the ground floor of the West Building at the street address stated in the 
                    <E T="02">ADDRESSES</E>
                     section. 
                </P>
                <HD SOURCE="HD1">Discussion </HD>
                <P>
                    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to certain McDonnell Douglas DC-10-30 and DC-10-30F (Model KC-10A and KDC-10) airplanes. That NPRM was published in the 
                    <E T="04">Federal Register</E>
                     on February 22, 2007 (72 FR 7939). That NPRM proposed to require installing Teflon sleeving around the fuel pump wire harness inside the conduit in the aft supplemental fuel tank. 
                </P>
                <HD SOURCE="HD1">Comments </HD>
                <P>We provided the public the opportunity to participate in the development of this AD. We have considered the comment received. </P>
                <HD SOURCE="HD1">Request To Delete Certain Airplanes From the Applicability </HD>
                <P>A private citizen requests that we delete McDonnell Douglas Model KC-10A and KDC-10 airplanes from the applicability of the NPRM. As justification for the request, the commenter states that none of the five affected airplanes identified in the effectivity of McDonnell Douglas DC-10 Service Bulletin 24-128, dated January 19, 1984, are Model KC-10A or KDC-10 airplanes. </P>
                <P>We agree to delete Model KC-10A and KDC-10 airplanes from the applicability of this AD. Boeing has confirmed that none of the affected airplanes are Model KC-10A or KDC-10 airplanes. </P>
                <HD SOURCE="HD1">Clarification of Alternative Method of Compliance (AMOC) Paragraph </HD>
                <P>
                    We have revised this action to clarify the appropriate procedure for notifying the principal inspector before using any 
                    <PRTPAGE P="35643"/>
                    approved AMOC on any airplane to which the AMOC applies. 
                </P>
                <HD SOURCE="HD1">Conclusion </HD>
                <P>We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. </P>
                <HD SOURCE="HD1">Costs of Compliance </HD>
                <P>There are about 5 airplanes of the affected design in the worldwide fleet. This AD affects about 5 airplanes of U.S. registry. The required actions take about 2 work hours per airplane, at an average labor rate of $80 per work hour. The cost of required parts is negligible. Based on these figures, the estimated cost of the AD for U.S. operators is $800, or $160 per airplane. </P>
                <HD SOURCE="HD1">Authority for This Rulemaking </HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. </P>
                <P>We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. </P>
                <HD SOURCE="HD1">Regulatory Findings </HD>
                <P>We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. </P>
                <P>For the reasons discussed above, I certify that this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866; </P>
                <P>(2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and </P>
                <P>(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. </P>
                <P>
                    We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the 
                    <E T="02">ADDRESSES</E>
                     section for a location to examine the regulatory evaluation. 
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39 </HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <REGTEXT TITLE="14" PART="39">
                    <HD SOURCE="HD1">Adoption of the Amendment </HD>
                    <AMDPAR>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: </AMDPAR>
                    <PART>
                        <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES </HD>
                    </PART>
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows: </AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>49 U.S.C. 106(g), 40113, 44701. </P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="14" PART="39">
                    <SECTION>
                        <SECTNO>§ 39.13</SECTNO>
                        <SUBJECT>[Amended] </SUBJECT>
                    </SECTION>
                    <AMDPAR>2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): </AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2007-13-10 McDonnell Douglas:</E>
                             Amendment 39-15114. Docket No. FAA-2007-27302; Directorate Identifier 2006-NM-273-AD. 
                        </FP>
                        <HD SOURCE="HD1">Effective Date </HD>
                        <P>(a) This AD becomes effective August 3, 2007. </P>
                        <HD SOURCE="HD1">Affected ADs </HD>
                        <P>(b) None. </P>
                        <HD SOURCE="HD1">Applicability </HD>
                        <P>(c) This AD applies to McDonnell Douglas Model DC-10-30 and DC-10-30F airplanes, certificated in any category; as identified McDonnell Douglas DC-10 Service Bulletin 24-128, dated January 19, 1984. </P>
                        <HD SOURCE="HD1">Unsafe Condition </HD>
                        <P>(d) This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. </P>
                        <HD SOURCE="HD1">Compliance </HD>
                        <P>(e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. </P>
                        <HD SOURCE="HD1">Modification </HD>
                        <P>(f) Within 60 months after the effective date of this AD, install Teflon sleeving around the fuel pump wire harness inside the conduit in the aft supplemental fuel tank, in accordance with the Accomplishment Instructions of McDonnell Douglas DC-10 Service Bulletin 24-128, dated January 19, 1984. </P>
                        <HD SOURCE="HD1">Alternative Methods of Compliance (AMOCs) </HD>
                        <P>(g)(1) The Manager, Los Angeles Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. </P>
                        <P>(2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. </P>
                        <HD SOURCE="HD1">Material Incorporated by Reference </HD>
                        <P>
                            (h) You must use McDonnell Douglas DC-10 Service Bulletin 24-128, dated January 19, 1984, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: 
                            <E T="03">http://www.archives.gov/federal-register/cfr/ibr-locations.html.</E>
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued in Renton, Washington, on June 13, 2007. </DATED>
                    <NAME>Ali Bahrami, </NAME>
                    <TITLE>Manager, Transport Airplane Directorate, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-11932 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4910-13-P </BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
                <SUBAGY>Federal Aviation Administration </SUBAGY>
                <CFR>14 CFR Part 39 </CFR>
                <DEPDOC>[Docket No. FAA-2007-27723 Directorate Identifier 2007-CE-029-AD; Amendment 39-15116; AD 2007-13-12] </DEPDOC>
                <RIN>RIN 2120-AA64 </RIN>
                <SUBJECT>Airworthiness Directives; PIAGGIO AERO INDUSTRIES S.p.A. Model P-180 Airplanes </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), Department of Transportation (DOT). </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule. </P>
                </ACT>
                <SUM>
                    <PRTPAGE P="35644"/>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: </P>
                    <EXTRACT>
                        <P>EASA EAD 2006-0072-E was issued on 31st March 2006 following a further failure of the forward support of the Main Wing Outboard Flap (MWOF), caused by corrosion. This condition, if not corrected, may cause surface twisting during deployment at landing. The analysis of that event highlighted the need for the reduction of the previous inspection interval which was mandated by ENAC through AD 2004-523, approved by EASA with reference 2004-12521.</P>
                    </EXTRACT>
                    <P>We are issuing this AD to require actions to correct the unsafe condition on these products. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD becomes effective August 3, 2007. </P>
                    <P>On August 3, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        You may examine the AD docket on the Internet at 
                        <E T="03">http://dms.dot.gov</E>
                         or in person at the U.S. Department of Transportation, Docket Operations, M-30 West Building Ground Floor, Room W12-140, New Jersey Avenue, SE., Washington, DC. 
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Discussion </HD>
                <P>
                    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the 
                    <E T="04">Federal Register</E>
                     on April 24, 2007 (72 FR 20298). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that: 
                </P>
                <EXTRACT>
                    <P>EASA EAD 2006-0072-E was issued on 31st March 2006 following a further failure of the forward support of the Main Wing Outboard Flap (MWOF), caused by corrosion. This condition, if not corrected, may cause surface twisting during deployment at landing. The analysis of that event highlighted the need for the reduction of the previous inspection interval which was mandated by ENAC through AD 2004-523, approved by EASA with reference 2004-12521. </P>
                    <P>Now the TC holder has developed a new type of forward support for the Main Wing Outboard Flap with characteristics that improve the resistance to corrosion. When the new support is installed, the repetitive Eddy current inspection that was introduced by EASA EAD 2006-0072-E is no longer required.</P>
                </EXTRACT>
                <HD SOURCE="HD1">Comments </HD>
                <P>We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. </P>
                <HD SOURCE="HD1">Conclusion </HD>
                <P>We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. </P>
                <HD SOURCE="HD1">Differences Between This AD and the MCAI or Service Information </HD>
                <P>We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. </P>
                <P>
                    We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a 
                    <E T="04">Note</E>
                     within the AD. 
                </P>
                <HD SOURCE="HD1">Costs of Compliance </HD>
                <P>We estimate that this AD will affect 7 products of U.S. registry. We also estimate that it will take about 16 work-hours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. </P>
                <P>Based on these figures, we estimate the cost of this AD to the U.S. operators to be $8,960 or $1,280 per product. </P>
                <HD SOURCE="HD1">Authority for This Rulemaking </HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. </P>
                <P>We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. </P>
                <HD SOURCE="HD1">Regulatory Findings </HD>
                <P>We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. </P>
                <P>For the reasons discussed above, I certify this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866; </P>
                <P>(2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and </P>
                <P>(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. </P>
                <P>We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket. </P>
                <HD SOURCE="HD1">Examining the AD Docket </HD>
                <P>
                    You may examine the AD docket on the Internet at 
                    <E T="03">http://dms.dot.gov;</E>
                     or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5527) is in the 
                    <E T="02">ADDRESSES</E>
                     section. Comments will be available in the AD docket shortly after receipt. 
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39 </HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <REGTEXT TITLE="14" PART="39">
                    <HD SOURCE="HD1">Adoption of the Amendment </HD>
                    <AMDPAR>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: </AMDPAR>
                    <PART>
                        <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES </HD>
                    </PART>
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows: </AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>49 U.S.C. 106(g), 40113, 44701. </P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="14" PART="39">
                    <SECTION>
                        <SECTNO>§ 39.13 </SECTNO>
                        <SUBJECT>[Amended] </SUBJECT>
                    </SECTION>
                    <AMDPAR>2. The FAA amends § 39.13 by adding the following new AD: </AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2007-13-12 Piaggio Aero Industries S.p.A.:</E>
                             Amendment 39-15116; Docket No. 
                            <PRTPAGE P="35645"/>
                            FAA-2007-27723; Directorate Identifier 2007-CE-029-AD. 
                        </FP>
                        <HD SOURCE="HD1">Effective Date </HD>
                        <P>(a) This airworthiness directive (AD) becomes effective August 3, 2007. </P>
                        <HD SOURCE="HD1">Affected ADs </HD>
                        <P>(b) None. </P>
                        <HD SOURCE="HD1">Applicability </HD>
                        <P>(c) This AD applies to Model P-180 airplanes, serial numbers 1002, 1004 through 1107, 1109, and 1110, certificated in any category. </P>
                        <HD SOURCE="HD1">Subject </HD>
                        <P>(d) Air Transport Association of America (ATA) Code 57: Wings. </P>
                        <HD SOURCE="HD1">Reason </HD>
                        <P>(e) The mandatory continuing airworthiness information (MCAI) states: </P>
                        <P>EASA EAD 2006-0072-E was issued on 31st March 2006 following a further failure of the forward support of the Main Wing Outboard Flap (MWOF), caused by corrosion. This condition, if not corrected, may cause surface twisting during deployment at landing. The analysis of that event highlighted the need for the reduction of the previous inspection interval which was mandated by ENAC through AD 2004-523, approved by EASA with reference 2004-12521. </P>
                        <P>Now the TC holder has developed a new type of forward support for the Main Wing Outboard Flap with characteristics that improve the resistance to corrosion. When the new support is installed, the repetitive Eddy current inspection that was introduced by EASA EAD 2006-0072-E is no longer required. </P>
                        <HD SOURCE="HD1">Actions and Compliance </HD>
                        <P>(f) Unless already done, do the following actions:</P>
                        <P>(1) Within the next 200 hours time-in-service (TIS) after August 3, 2007 (the effective date of this AD) or within 60 days after August 3, 2007 (the effective date of this AD), whichever occurs first, replace the outboard flap track forward bushing and the outboard flap track forward support. Do the replacements using the Accomplishment Instructions detailed in Part A of Piaggio Aero Industries S.p.A. Mandatory Service Bulletin (SB) No. 80-0210, Rev 4, dated July 19, 2006. </P>
                        <P>(2) At intervals not to exceed 1,500 hours TIS after doing the replacements required in paragraph (f)(1) of this AD, visually inspect the outboard flap track forward support for traces of any kind of corrosion and/or protective coat/finishing wear damage. Do the inspections using the Accomplishment Instructions detailed in Part B of Piaggio Aero Industries S.p.A. Mandatory SB No. 80-0210, Rev 4, dated July 19, 2006. </P>
                        <P>(3) Before further flight after each inspection required in paragraph (f)(2) of this AD in which any kind of corrosion or wear damage is found, contact the manufacturer for a repair scheme and incorporate the repair. </P>
                        <HD SOURCE="HD1">FAA AD Differences </HD>
                        <NOTE>
                            <HD SOURCE="HED">Note:</HD>
                            <P>This AD differs from the MCAI and/or service information as follows: No differences.</P>
                        </NOTE>
                        <HD SOURCE="HD1">Other FAA AD Provisions </HD>
                        <P>(g) The following provisions also apply to this AD: </P>
                        <P>
                            (1) 
                            <E T="03">Alternative Methods of Compliance (AMOCs):</E>
                             The Manager, Standards Staff, FAA, Small Airplane Directorate, ATTN: Sarjapur Nagarajan, Aerospace Engineer, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. 
                        </P>
                        <P>
                            (2) 
                            <E T="03">Airworthy Product:</E>
                             For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. 
                        </P>
                        <P>
                            (3) 
                            <E T="03">Reporting Requirements:</E>
                             For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 
                            <E T="03">et seq.</E>
                            ), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120-0056. 
                        </P>
                        <HD SOURCE="HD1">Related Information </HD>
                        <P>(h) Refer to MCAI European Aviation Safety Agency (EASA) AD No. 2006-0305, dated October 9, 2006; and Piaggio Aero Industries S.p.A. Mandatory Service Bulletin No. 80-0210, Rev 4, dated July 19, 2006, for related information. </P>
                        <HD SOURCE="HD1">Material Incorporated by Reference </HD>
                        <P>(i) You must use Piaggio Aero Industries S.p.A. Mandatory Service Bulletin No. 80-0210, Rev 4, dated July 19, 2006, to do the actions required by this AD, unless the AD specifies otherwise. </P>
                        <P>(1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. </P>
                        <P>(2) For service information identified in this AD, contact PIAGGIO AERO INDUSTRIES S.p.A, Via Cibrario 4, 16154 Genoa, Italy; telephone: +39 010 6481 856; facsimile: +39 010 6481 374. </P>
                        <P>
                            (3) You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: 
                            <E T="03">http://www.archives.gov/federal-register/cfr/ibr-locations.html.</E>
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued in Kansas City, Missouri, on June 15, 2007. </DATED>
                    <NAME>Kim Smith, </NAME>
                    <TITLE>Manager, Small Airplane Directorate,  Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12008 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4910-13-P </BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
                <SUBAGY>Federal Aviation Administration </SUBAGY>
                <CFR>14 CFR Part 39 </CFR>
                <DEPDOC>[Docket No. FAA-2007-27508; Directorate Identifier 2006-NM-252-AD; Amendment 39-15117; AD 2007-13-13] </DEPDOC>
                <RIN>RIN 2120-AA64 </RIN>
                <SUBJECT>Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) ERJ 170 Airplanes </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), Department of Transportation (DOT). </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an airworthiness authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as an obstruction at the cargo compartment fire extinguisher system drier metering unit (DMU) inlet, affecting the system effectiveness and, consequently, making the fire extinguishing capability at those compartments inadequate should a fire erupt. We are issuing this AD to require actions to correct the unsafe condition on these products. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD becomes effective August 3, 2007. </P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of August 3, 2007. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        You may examine the AD docket on the Internet at 
                        <E T="03">http://dms.dot.gov</E>
                         or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. 
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149. 
                        <PRTPAGE P="35646"/>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Discussion </HD>
                <P>
                    The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to allow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and 
                    <E T="04">Federal Register</E>
                     requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. 
                </P>
                <P>This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles. </P>
                <P>
                    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the 
                    <E T="04">Federal Register</E>
                     on March 12, 2007 (72 FR 10947). That NPRM proposed to require installation of a debris strainer at the drier metering unit (DMU) inlet. The MCAI states that it has been found the occurrence of one case of obstruction at the cargo compartment fire extinguisher system DMU inlet, affecting the system effectiveness and, consequently, making the fire extinguishing capability at those compartments inadequate should a fire erupt. 
                </P>
                <HD SOURCE="HD1">Comments </HD>
                <P>We gave the public the opportunity to participate in developing this AD. We considered the comment received. </P>
                <HD SOURCE="HD1">Request To Revise Applicability </HD>
                <P>The airplane manufacturer, EMBRAER, requests that we change the proposed applicability to refer to certain Model ERJ 170 airplanes identified in EMBRAER Service Bulletin 170-26-0002, dated November 11, 2005. </P>
                <P>We agree to revise the applicability. The service bulletin identifies only those airplanes that have an affected DMU installed. We have revised paragraph (c) of this AD to reference the service bulletin. We have coordinated this change with Agência Nacional de Aviação Civil (ANAC). </P>
                <HD SOURCE="HD1">Conclusion </HD>
                <P>We reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD with the change described previously. We determined that this change will not increase the economic burden on any operator or increase the scope of the AD. </P>
                <HD SOURCE="HD1">Differences Between This AD and the MCAI or Service Information </HD>
                <P>We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable in a U.S. court of law. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. </P>
                <P>We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements, if any, take precedence over the actions copied from the MCAI. </P>
                <HD SOURCE="HD1">Costs of Compliance </HD>
                <P>We estimate that this AD will affect 75 products of U.S. registry. We also estimate that it will take about 4 work-hours per product to comply with this AD. The average labor rate is $80 per work-hour. Required parts will cost about $0 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $24,000, or $320 per product. </P>
                <HD SOURCE="HD1">Authority for This Rulemaking </HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. </P>
                <P>We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. </P>
                <HD SOURCE="HD1">Regulatory Findings </HD>
                <P>We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. </P>
                <P>For the reasons discussed above, I certify that this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866; </P>
                <P>(2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and </P>
                <P>(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. </P>
                <P>We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket. </P>
                <HD SOURCE="HD1">Examining the AD Docket </HD>
                <P>
                    You may examine the AD docket on the Internet at 
                    <E T="03">http://dms.dot.gov;</E>
                     or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647-5527) is in the 
                    <E T="02">ADDRESSES</E>
                     section. Comments will be available in the AD docket shortly after receipt. 
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39 </HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <REGTEXT TITLE="14" PART="39">
                    <HD SOURCE="HD1">Adoption of the Amendment </HD>
                    <AMDPAR>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: </AMDPAR>
                    <PART>
                        <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES </HD>
                    </PART>
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows: </AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>49 U.S.C. 106(g), 40113, 44701. </P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="14" PART="39">
                    <SECTION>
                        <SECTNO>§ 39.13 </SECTNO>
                        <SUBJECT>[Amended] </SUBJECT>
                    </SECTION>
                    <AMDPAR>2. The FAA amends § 39.13 by adding the following new AD:</AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2007-13-13 Empresa Brasileira De Aeronautica S.A. (EMBRAER):</E>
                             Amendment 39-15117. Docket No. FAA-2007-27508; Directorate Identifier 2006-NM-252-AD. 
                            <PRTPAGE P="35647"/>
                        </FP>
                        <HD SOURCE="HD1">Effective Date </HD>
                        <P>(a) This airworthiness directive (AD) becomes effective August 3, 2007. </P>
                        <HD SOURCE="HD1">Affected ADs </HD>
                        <P>(b) None. </P>
                        <HD SOURCE="HD1">Applicability </HD>
                        <P>(c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes, as identified in EMBRAER Service Bulletin 170-26-0002, dated November 11, 2005; certificated in any category. </P>
                        <HD SOURCE="HD1">Reason </HD>
                        <P>(d) The MCAI states that it has been found the occurrence of one case of obstruction at the cargo compartment fire extinguisher system drier metering unit (DMU) inlet, affecting the system effectiveness and, consequently, making the fire extinguishing capability at those compartments inadequate should a fire erupt. The MCAI requires installation of a debris strainer at the DMU inlet. </P>
                        <HD SOURCE="HD1">Actions and Compliance </HD>
                        <P>(e) Unless already done, do the following actions. Within 700 flight hours after the effective date of this AD, install a debris strainer at the DMU inlet, in accordance with the detailed instructions and procedures described in EMBRAER Service Bulletin 170-26-0002, dated November 11, 2005. </P>
                        <HD SOURCE="HD1">FAA AD Differences </HD>
                        <NOTE>
                            <HD SOURCE="HED">Note:</HD>
                            <P>This AD differs from the MCAI and/or service information as follows: No Differences.</P>
                        </NOTE>
                        <HD SOURCE="HD1">Other FAA AD Provisions </HD>
                        <P>(f) The following provisions also apply to this AD: </P>
                        <P>
                            (1) 
                            <E T="03">Alternative Methods of Compliance (AMOCs):</E>
                             The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. 
                        </P>
                        <P>
                            (2) 
                            <E T="03">Airworthy Product:</E>
                             For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. 
                        </P>
                        <P>
                            (3) 
                            <E T="03">Reporting Requirements:</E>
                             For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120-0056. 
                        </P>
                        <HD SOURCE="HD1">Related Information </HD>
                        <P>(g) Refer to MCAI Brazilian Airworthiness Directive 2006-01-03, effective February 7, 2006; and EMBRAER Service Bulletin 170-26-0002, dated November 11, 2005; for related information. </P>
                        <HD SOURCE="HD1">Material Incorporated by Reference </HD>
                        <P>(h) You must use EMBRAER Service Bulletin 170-26-0002, dated November 11, 2005, to do the actions required by this AD, unless the AD specifies otherwise. </P>
                        <P>(1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. </P>
                        <P>(2) For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil. </P>
                        <P>
                            (3) You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: 
                            <E T="03">http://www.archives.gov/federal-register/cfr/ibr-locations.html.</E>
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued in Renton, Washington, on June 18, 2007. </DATED>
                    <NAME>Ali Bahrami, </NAME>
                    <TITLE>Manager, Transport Airplane Directorate, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12221 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4910-13-P </BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY </AGENCY>
                <SUBAGY>U.S. Customs and Border Protection </SUBAGY>
                <AGENCY TYPE="O">DEPARTMENT OF THE TREASURY </AGENCY>
                <CFR>19 CFR Parts 10, 162, 163, and 178 </CFR>
                <DEPDOC>[USCBP-2007-0056; CBP Dec. 07-51] </DEPDOC>
                <RIN>RIN 1505-AB76 </RIN>
                <SUBJECT>United States-Morocco Free Trade Agreement </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCIES:</HD>
                    <P>U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Interim regulations; solicitation of comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This document amends U.S. Customs and Border Protection (“CBP”) regulations on an interim basis to implement the preferential tariff treatment and other customs-related provisions of the United States-Morocco Free Trade Agreement entered into by the United States and the Kingdom of Morocco. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Interim rule effective June 29, 2007; comments must be received by August 28, 2007. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        You may submit comments, identified by 
                        <E T="03">docket</E>
                         number, by 
                        <E T="03">one</E>
                         of the following methods: 
                    </P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal: http://www.regulations.gov.</E>
                         Follow the instructions for submitting comments via docket number USCBP-2007-0056. 
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Trade and Commercial Regulations Branch, Regulations and Rulings, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., (Mint Annex), Washington, DC 20229. 
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to 
                        <E T="03">http://www.regulations.gov,</E>
                         including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Participation” heading of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section of this document. 
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         For access to the docket to read background documents or comments received, go to 
                        <E T="03">http://www.regulations.gov.</E>
                         Submitted comments may also be inspected during regular business days between the hours of 9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch, Regulations and Rulings, U.S. Customs and Border Protection, 799 9th Street, NW., (5th Floor), Washington, DC. Arrangements to inspect submitted comments should be made in advance by calling Mr. Joseph Clark at (202) 572-8768. 
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        <E T="03">Textile Operational Aspects:</E>
                         Robert Abels, Office of International Trade, (202) 344-1959. 
                    </P>
                    <P>
                        <E T="03">Other Operational Aspects:</E>
                         Seth Mazze, Office of International Trade, (202) 344-2634. 
                    </P>
                    <P>
                        <E T="03">Audit Aspects:</E>
                         Mark Hanson, Regulatory Audit, Office of International Trade, (202) 863-6035. 
                    </P>
                    <P>
                        <E T="03">Legal Aspects:</E>
                         Daniel Cornette, Office of International Trade, (202) 572-8731. 
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Public Participation </HD>
                <P>
                    Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of the interim rule. CBP also invites comments that relate to the economic, environmental, or federalism effects that might result from this interim rule. Comments that will provide the most assistance to CBP will reference a specific portion of the interim rule, explain the reason for any recommended change, and include data, 
                    <PRTPAGE P="35648"/>
                    information, or authority that supports such recommended change. See 
                    <E T="02">ADDRESSES</E>
                     above for information on how to submit comments. 
                </P>
                <HD SOURCE="HD1">Background </HD>
                <P>On June 15, 2004, the United States and the Kingdom of Morocco (the “Parties”) signed the U.S.-Morocco Free Trade Agreement (“MFTA” or “Agreement”). The stated objectives of the MFTA are to: Encourage expansion and diversification of trade between the Parties; eliminate barriers to trade in, and facilitate the cross-border movement of, goods and services between the territories of the Parties; promote conditions of fair competition in the free trade area; substantially increase investment opportunities in the territories of the Parties; provide adequate and effective protection and enforcement of intellectual property rights in each Party's territory; create effective procedures for the implementation and application of the MFTA, for its joint administration and for the resolution of disputes; and establish a framework for further regional and multilateral cooperation to expand and enhance the benefits of the MFTA. </P>
                <P>The provisions of the MFTA were adopted by the United States with the enactment of the United States-Morocco Free Trade Agreement Implementation Act (the “Act”), Pub. L. 108-302, 118 Stat. 1103 (19 U.S.C. 3805 note), on August 17, 2004. Section 205 of the Act requires that regulations be prescribed as necessary to implement these provisions of the MFTA. </P>
                <P>
                    On December 22, 2005, the President signed Proclamation 7971 to implement the provisions of the MFTA. The proclamation, which was published in the 
                    <E T="04">Federal Register</E>
                     on December 27, 2005 (70 FR 76649), modified the Harmonized Tariff Schedule of the United States (“HTSUS”) as set forth in Annexes I and II of Publication 3721 of the U.S. International Trade Commission. The modifications to the HTSUS included the addition of new General Note 27, incorporating the relevant MFTA rules of origin as set forth in the Act, and the insertion throughout the HTSUS of the preferential duty rates applicable to individual products under the MFTA where the special program indicator “MA” appears in parenthesis in the “Special” rate of duty subcolumn. The modifications to the HTSUS also included a new Subchapter XII to Chapter 99 to provide for temporary tariff rate quotas and applicable safeguards implemented by the MFTA. 
                </P>
                <P>U.S. Customs and Border Protection (“CBP”) is responsible for administering the provisions of the MFTA and the Act that relate to the importation of goods into the United States from Morocco. Those customs-related MFTA provisions that require implementation through regulation include certain tariff and non-tariff provisions within Chapter One (Initial Provisions and Definitions), Chapter Two (National Treatment and Market Access for Goods), Chapter Four (Textiles and Apparel), Chapter Five (Rules of Origin), and Chapter Six (Customs Administration). </P>
                <P>In Chapter One of the MFTA, certain general definitions in Article 1.3 have been incorporated into the MFTA implementing regulations. These regulations also implement Article 2.6 (Goods Re-entered after Repair or Alteration) of Chapter Two of the MFTA. </P>
                <P>Chapter Four of the MFTA sets forth the measures relating to trade in textile and apparel goods between Morocco and the United States under the MFTA. The provisions within Chapter Four that require regulatory action by CBP are Article 4.3 (Rules of Origin and Related Matters), Article 4.4 (Customs and Administrative Cooperation), and Article 4.5 (Definitions). </P>
                <P>
                    Chapter Five of the MFTA sets forth the rules for determining whether an imported good qualifies as an originating good of the United States or Morocco (MFTA Party) and, as such, is therefore eligible for preferential tariff (duty-free or reduced duty) treatment as specified in the Agreement. Under Article 5.1, originating goods may be grouped in three broad categories: (1) Goods that are wholly the growth, product, or manufacture of one or both of the Parties; (2) goods (other than those covered by the product-specific rules set forth in Annex 4-A or Annex 5-A) that are new or different articles of commerce that have been grown, produced, or manufactured in the territory of one or both of the Parties, and that have a minimum value-content, 
                    <E T="03">i.e.,</E>
                     at least 35 percent of the good's appraised value must be attributed to the cost or value of materials produced in one or both of the Parties plus the direct costs of processing operations performed in one or both of the Parties; and (3) goods that satisfy the product-specific rules set forth in Annex 4-A (textile or apparel goods) or Annex 5-A (certain non-textile or non-apparel goods). 
                </P>
                <P>Article 5.2 explains that the term “new or different article of commerce” means a good that has been substantially transformed from a good or material that is not wholly the growth, product, or manufacture of one or both of the Parties and that has a new name, character, or use distinct from the good or material from which it was transformed. Article 5.3 provides that a good will not be considered to be a new or different article of commerce as the result of undergoing simple combining or packaging operations, or mere dilution with water or another substance that does not materially alter the characteristics of the good. </P>
                <P>Article 5.4 provides for the accumulation of production in the territory of one or both of the Parties in determining whether a good qualifies as originating under the MFTA. Articles 5.5 and 5.6 set forth the rules for calculating the value of materials and the direct costs of processing operations, respectively, for purposes of determining whether a good satisfies the 35 percent value-content requirement. </P>
                <P>Articles 5.7 through 5.9 consist of additional sub-rules applicable to originating goods, involving retail packaging materials, packing materials for shipment, indirect materials, and transit and transshipment. In addition, Articles 5.10 and 5.11 set forth the procedural requirements that apply under the MFTA, in particular with regard to importer claims for preferential tariff treatment. Article 5.14 provides definitions of certain of the terms used in Chapter Five of the MFTA. The basic rules of origin in Chapter Five of the MFTA are set forth in General Note 27, HTSUS. </P>
                <P>Chapter Six sets forth the customs operational provisions related to the implementation and administration of the MFTA. </P>
                <P>
                    In order to provide transparency and facilitate their use, the majority of the MFTA implementing regulations set forth in this document have been included within new Subpart M in Part 10 of the CBP regulations (19 CFR Part 10). However, in those cases in which MFTA implementation is more appropriate in the context of an existing regulatory provision, the MFTA regulatory text has been incorporated in an existing Part within the CBP regulations. In addition, this document sets forth several cross-references and other consequential changes to existing regulatory provisions to clarify the relationship between those existing provisions and the new MFTA implementing regulations. The regulatory changes are discussed below in the order in which they appear in this document. 
                    <PRTPAGE P="35649"/>
                </P>
                <HD SOURCE="HD1">Discussion of Amendments </HD>
                <HD SOURCE="HD2">Part 10 </HD>
                <P>Section 10.31(f) concerns temporary importations under bond. It is amended by adding references to certain goods originating in Morocco for which, like goods originating in Canada, Mexico, Singapore and Chile, no bond or other security will be required when imported temporarily for prescribed uses. The provisions of MFTA Article 2.5 (temporary admission of goods) are already reflected in existing temporary importation bond or other provisions contained in Part 10 of the CBP regulations and in Chapter 98 of the HTSUS. </P>
                <HD SOURCE="HD2">Part 10, Subpart M </HD>
                <HD SOURCE="HD3">General Provisions </HD>
                <P>Section 10.761 outlines the scope of new Subpart M, Part 10. This section also clarifies that, except where the context otherwise requires, the requirements contained in Subpart M, Part 10 are in addition to general administrative and enforcement provisions set forth elsewhere in the CBP regulations. Thus, for example, the specific merchandise entry requirements contained in Subpart M, Part 10 are in addition to the basic entry requirements contained in Parts 141-143 of the CBP regulations. </P>
                <P>Section 10.762 sets forth definitions of common terms used in multiple contexts or places within Subpart M, Part 10. Although the majority of the definitions in this section are based on definitions contained in Article 1.3 of the MFTA and § 3 of the Act, other definitions have also been included to clarify the application of the regulatory texts. Additional definitions which apply in a more limited Subpart M, Part 10 context are set forth elsewhere with the substantive provisions to which they relate. </P>
                <HD SOURCE="HD3">Import Requirements </HD>
                <P>Section 10.763 sets forth the procedure for claiming MFTA tariff benefits at the time of entry. </P>
                <P>Section 10.764, as provided in MFTA Article 5.10(b), requires a U.S. importer, upon request, to submit a declaration setting forth all pertinent information concerning the growth, production, or manufacture of the good. Included in § 10.764 is a provision that the declaration may be used either for a single importation or for multiple importations of identical goods. </P>
                <P>Section 10.765 sets forth certain importer obligations regarding the truthfulness of information and documents submitted in support of a claim for preferential tariff treatment under the MFTA. As provided in MFTA Article 5.10(a), this section states that a U.S. importer who makes a claim for preferential tariff treatment for a good is deemed to have certified that the good qualifies for such treatment. </P>
                <P>Section 10.766 provides that the importer's declaration is not required for certain non-commercial or low-value importations. </P>
                <P>Section 10.767 implements the portion of MFTA Article 5.10 concerning the maintenance of records necessary for the preparation of the declaration. </P>
                <P>Section 10.768, which is based on MFTA Article 5.11.1, provides for the denial of MFTA tariff benefits if the importer fails to comply with any of the requirements of Subpart M, Part 10, CBP regulations. </P>
                <HD SOURCE="HD3">Rules of Origin </HD>
                <P>Sections 10.769 through 10.777 provide the implementing regulations regarding the rules of origin provisions of General Note 27, HTSUS, Article 4.3 and Chapter Five of the MFTA, and § 203 of the Act. </P>
                <HD SOURCE="HD3">Definitions </HD>
                <P>Section 10.769 sets forth terms that are defined for purposes of the rules of origin. CBP notes that, pursuant to letters of understanding exchanged between the Parties on June 15, 2004, in determining whether a good meets the definition of a “new or different article of commerce” in paragraph (i) of § 10.769, the United States may be guided by the rules of origin set forth in Part 102, CBP regulations (19 CFR Part 102). </P>
                <HD SOURCE="HD3">General Rules of Origin </HD>
                <P>Section 10.770 includes the basic rules of origin established in Article 5.1 of the MFTA, section 203(b) of the Act, and General Note 27(b), HTSUS. </P>
                <P>Paragraph (a) of § 10.770 sets forth the three basic categories of goods that are considered originating goods under the MFTA. Paragraph (a)(1) of § 10.770 specifies those goods that are considered originating goods because they are wholly the growth, product, or manufacture of one or both of the Parties. Paragraph (a)(2) provides that goods are considered originating goods if they: (1) Are new or different articles of commerce that have been grown, produced, or manufactured in the territory of one or both of the Parties; (2) are classified in HTSUS provisions that are not covered by the product-specific rules set forth in General Note 27(h), HTSUS; and (3) meet a 35 percent value-content requirement. Finally, paragraph (a)(3) states that goods are considered originating goods if: (1) They are classified in HTSUS provisions that are covered by the product-specific rules set forth in General Note 27(h), HTSUS; (2) each non-originating material used in the production of the good in the territory of one or both of the Parties undergoes an applicable change in tariff classification or otherwise satisfies the requirements specified in General Note 27(h), HTSUS; and (3) the goods meet any other requirements specified in General Note 27, HTSUS. </P>
                <P>Paragraph (b) of § 10.770 sets forth the basic rules that apply for purposes of determining whether a good satisfies the 35 percent value-content requirement referred to in § 10.770(a)(2) . </P>
                <P>Paragraph (c) of § 10.770 implements Article 5.3 of the MFTA, relating to the simple combining or packaging or mere dilution exceptions to the “new or different article of commerce” requirement of § 10.770(a)(2). Since the language in Article 5.3 of the MFTA (and § 203(i)(7)(B) of the Act) is nearly identical to the language found in § 213(a)(2) of the Caribbean Basin Economic Recovery Act (“CBERA”) (19 U.S.C. 2703(a)(2)), § 10.770(c) incorporates by reference the examples and principles set forth in § 10.195(a)(2) of CBP's implementing CBERA regulations. </P>
                <HD SOURCE="HD3">Originating Textile or Apparel Goods </HD>
                <P>
                    Section 10.771(a), as provided for in Article 4.3.7 of the MFTA, sets forth a 
                    <E T="03">de minimis</E>
                     rule for certain textile or apparel goods that may be considered to qualify as originating goods even though they fail to satisfy the applicable change in tariff classification set out in General Note 27(h). This paragraph also includes an exception to the 
                    <E T="03">de minimis</E>
                     rule. 
                </P>
                <P>Section 10.771(b), which is based on Article 4.3.8 of the MFTA, sets forth a special rule for textile or apparel goods classifiable under General Rule of Interpretation 3, HTSUS, as goods put up in sets for retail sale. </P>
                <HD SOURCE="HD3">Accumulation </HD>
                <P>
                    Section 10.772, which is derived from MFTA Article 5.4, sets forth the rule by which originating goods or materials from the territory of a Party that are used in the production of a good in the territory of the other Party will be considered to originate in the territory of such other Party. In addition, this section also establishes that a good or material that is produced by one or more producers in the territory of one or both of the Parties is an originating good or material if the article satisfies all of 
                    <PRTPAGE P="35650"/>
                    the applicable requirements of the rules of origin of the MFTA. 
                </P>
                <HD SOURCE="HD3">Value of Materials </HD>
                <P>Section 10.773 implements Article 5.5 of the MFTA, relating to the calculation of the value of materials that may be applied toward satisfaction of the 35 percent value-content requirement. </P>
                <HD SOURCE="HD3">Direct Costs of Processing Operations </HD>
                <P>Section 10.774, which reflects Article 5.6 of the MFTA, sets forth provisions regarding the calculation of direct costs of processing operations for purposes of the 35 percent value-content requirement. </P>
                <HD SOURCE="HD3">Packaging and Packing Materials and Containers for Retail Sale and for Shipment </HD>
                <P>Section 10.775 is based on Article 5.7 of the MFTA and provides that retail packaging materials and packing materials for shipment are to be disregarded in determining whether a good qualifies as originating under the MFTA, except to the extent that the value of such packaging and packing materials may be included for purposes of meeting the 35 percent value-content requirement. </P>
                <HD SOURCE="HD3">Indirect Materials </HD>
                <P>Section 10.776, which is derived from Article 5.8 of the MFTA, provides that indirect materials will be disregarded in determining whether a good qualifies as an originating good under the MFTA, except to the extent that the cost of such indirect materials may be included toward satisfying the 35 percent value-content requirement. </P>
                <HD SOURCE="HD3">Imported Directly </HD>
                <P>Section 10.777(a) sets forth the basic rule, found in Article 5.1 of the MFTA, that a good must be imported directly from the territory of a Party into the territory of the other Party to qualify as an originating good under the MFTA. This paragraph further provides that, as set forth in Article 5.9 of the MFTA, a good will not be considered to be imported directly if, after exportation from the territory of a Party, the good undergoes production, manufacturing, or any other operation outside the territories of the Parties, other than certain minor operations. </P>
                <P>Paragraph (b) of § 10.777 provides that an importer making a claim for preferential tariff treatment under the MFTA may be required to demonstrate, through the submission of documentary evidence, that the “imported directly” requirement was satisfied. </P>
                <HD SOURCE="HD3">Tariff Preference Level </HD>
                <P>Section 10.778 sets forth the procedures for claiming MFTA tariff benefits for non-originating fabric or apparel goods entitled to preference under an applicable tariff preference level (“TPL”). </P>
                <P>Section 10.779, which is based on Articles 4.3.9 and 4.3.10, describes the non-originating fabric and apparel goods that are eligible for TPL claims under the MFTA. </P>
                <P>Section 10.780 provides for the denial of a TPL claim if the importer fails to comply with any applicable requirement under Subpart M, Part 10, CBP regulations, including the failure to provide documentation, when requested by CBP, establishing that the good was imported directly from the territory of a Party into the territory of the other Party. </P>
                <P>Section 10.781 establishes that non-originating fabric or apparel goods are entitled to preferential tariff treatment under an applicable TPL only if they are imported directly from the territory of a Party into the territory of the other Party. </P>
                <HD SOURCE="HD3">Origin Verifications and Determinations </HD>
                <P>Section 10.784 implements MFTA Article 5.11.2 by providing that a claim for MFTA preferential tariff treatment, including any information submitted in support of the claim, will be subject to such verification as CBP deems necessary. This section further sets forth the circumstances under which a claim may be denied based on the results of the verification. </P>
                <P>Section 10.785, which is based on Article 4.4 of the MFTA, concerns verifications conducted in Morocco by Moroccan authorities (at the request of CBP) relating to textile and apparel goods imported in the United States, whether or not a claim is made for MFTA preferential tariff treatment. U.S. officials may also assist in a verification in Morocco under this section. Section 10.785 also provides for specific actions to be taken by CBP during and after the verification, if directed by the Committee for the Implementation of Textile Agreements (CITA). </P>
                <P>Section 10.786 implements MFTA Article 5.11.3 by providing that CBP will issue a determination to the importer when CBP determines that a claim for MFTA preferential tariff treatment should be denied based on the results of a verification. This section also prescribes the information required to be included in the determination. </P>
                <HD SOURCE="HD3">Penalties </HD>
                <P>Section 10.787 concerns the general application of penalties to MFTA transactions and is based on MFTA Article 6.9. </P>
                <HD SOURCE="HD3">Goods Returned After Repair or Alteration </HD>
                <P>Section 10.788 implements MFTA Article 2.6 regarding duty treatment on goods re-entered after repair or alteration in Morocco. </P>
                <HD SOURCE="HD2">Part 162 </HD>
                <P>Part 162 contains regulations regarding the inspection and examination of, among other things, imported merchandise. A cross-reference is added to § 162.0, which is the scope section of the part, to refer readers to the additional MFTA records maintenance and examination provisions contained in new Subpart M, Part 10, CBP regulations. </P>
                <HD SOURCE="HD2">Part 163 </HD>
                <P>A conforming amendment is made to § 163.1 to include the maintenance of any documentation that the importer may have in support of a claim for preference under the MFTA as an activity for which records must be maintained. Also, the list of records and information required for the entry of merchandise appearing in the Appendix to Part 163 (commonly known as the (a)(1)(A) list) is also amended to add the MFTA records that the importer may have in support of a MFTA claim for preferential tariff treatment. </P>
                <HD SOURCE="HD2">Part 178 </HD>
                <P>Part 178 sets forth the control numbers assigned to information collections of CBP by the Office of Management and Budget, pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13. The list contained in § 178.2 is amended to add the information collections used by CBP to determine eligibility for a tariff preference or other rights or benefits under the MFTA and the Act. </P>
                <HD SOURCE="HD1">Inapplicability of Notice and Delayed Effective Date Requirements </HD>
                <P>
                    Under section 553 of the Administrative Procedure Act (“APA”) (5 U.S.C. 553), agencies amending their regulations generally are required to publish a notice of proposed rulemaking in the 
                    <E T="04">Federal Register</E>
                     that solicits public comment on the proposed amendments, consider public comments in deciding on the final content of the final amendments, and publish the final amendments at least 30 days prior to their effective date. However, section 553(a)(1) of the APA provides that the standard prior notice and comment procedures and delayed effective date provisions of 5 U.S.C. 553(d) do not 
                    <PRTPAGE P="35651"/>
                    apply to agency rulemaking that involves a foreign affairs function of the United States. CBP has determined that these interim regulations involve the foreign affairs function of the United States, as they implement preferential tariff treatment and related provisions of the MFTA. Therefore, the rulemaking requirements under the APA do not apply and this interim rule will be effective upon publication. However, CBP is soliciting comments in this interim rule and will consider all comments it receives before issuing a final rule. 
                </P>
                <HD SOURCE="HD1">Executive Order 12866 and Regulatory Flexibility Act </HD>
                <P>
                    CBP has determined that this document is not a regulation or rule subject to the provisions of Executive Order 12866 of September 30, 1993 (58 FR 51735, October 1993), because it pertains to a foreign affairs function of the United States and implements an international agreement, as described above, and therefore is specifically exempted by section 3(d)(2) of Executive Order 12866. Because a notice of proposed rulemaking is not required under section 553(b) of the APA for the reasons described above, CBP notes that the provisions of the Regulatory Flexibility Act, as amended (5 U.S.C. 601 
                    <E T="03">et seq.</E>
                    ), do not apply to this rulemaking. Accordingly, CBP also notes that this interim rule is not subject to the regulatory analysis requirements or other requirements of 5 U.S.C. 603 and 604. 
                </P>
                <HD SOURCE="HD1">Paperwork Reduction Act </HD>
                <P>These regulations are being issued without prior notice and public procedure pursuant to the Administrative Procedure Act (5 U.S.C. 553). For this reason, the collections of information contained in these regulations have been reviewed and, pending receipt and evaluation of public comments, approved by the Office of Management and Budget in accordance with the requirements of the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1651-0117. </P>
                <P>The collections of information in these regulations are in §§ 10.763 and 10.764. This information is required in connection with claims for preferential tariff treatment and for the purpose of the exercise of other rights under the MFTA and the Act and will be used by CBP to determine eligibility for a tariff preference or other rights or benefits under the MFTA and the Act. The likely respondents are business organizations including importers, exporters and manufacturers. </P>
                <P>
                    <E T="03">Estimated total annual reporting burden:</E>
                     800 hours. 
                </P>
                <P>
                    <E T="03">Estimated average annual burden per respondent:</E>
                     0.2 hours. 
                </P>
                <P>
                    <E T="03">Estimated number of respondents:</E>
                     4000. 
                </P>
                <P>
                    <E T="03">Estimated annual frequency of responses:</E>
                     1. 
                </P>
                <P>Comments concerning the collections of information and the accuracy of the estimated annual burden, and suggestions for reducing that burden, should be directed to the Office of Management and Budget, Attention: Desk Officer for the Department of the Treasury, Office of Information and Regulatory Affairs, Washington, DC 20503. A copy should also be sent to the Trade and Commercial Regulations Branch, Regulations and Rulings, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW. (Mint Annex), Washington, DC 20229. </P>
                <HD SOURCE="HD1">Signing Authority </HD>
                <P>This document is being issued in accordance with § 0.1(a)(1) of the CBP regulations (19 CFR 0.1(a)(1)) pertaining to the authority of the Secretary of the Treasury (or his/her delegate) to approve regulations related to certain customs revenue functions. </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects </HD>
                    <CFR>19 CFR Part 10 </CFR>
                    <P>Alterations, Bonds, Customs duties and inspection, Exports, Imports, Preference programs, Repairs, Reporting and recordkeeping requirements, Trade agreements.</P>
                    <CFR>19 CFR Part 162 </CFR>
                    <P>Administrative practice and procedure, Customs duties and inspection, Penalties, Trade agreements.</P>
                    <CFR>19 CFR Part 163 </CFR>
                    <P>Administrative practice and procedure, Customs duties and inspection, Export, Import, Reporting and recordkeeping requirements, Trade agreements.</P>
                    <CFR>19 CFR Part 178 </CFR>
                    <P>Administrative practice and procedure, Exports, Imports, Reporting and recordkeeping requirements.</P>
                </LSTSUB>
                <REGTEXT TITLE="19" PART="10">
                    <HD SOURCE="HD1">Amendments to the CBP Regulations</HD>
                    <AMDPAR>Accordingly, chapter I of title 19, Code of Federal Regulations (19 CFR chapter I), is amended as set forth below. </AMDPAR>
                    <PART>
                        <HD SOURCE="HED">PART 10—ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC. </HD>
                    </PART>
                    <AMDPAR>1. The general authority citation for Part 10 continues to read, and the specific authority for Subpart M is added to read as follows: </AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1321, 1481, 1484, 1498, 1508, 1623, 1624, 3314; </P>
                    </AUTH>
                    <STARS/>
                      
                    <EXTRACT>
                        <P>Sections 10.761 through 10.789 also issued under Pub. L. 108-302, 118 Stat. 1103 (19 U.S.C. 3805 note). </P>
                    </EXTRACT>
                </REGTEXT>
                <REGTEXT TITLE="19" PART="10">
                    <AMDPAR>2. In § 10.31, paragraph (f), the last sentence is revised to read as follows: </AMDPAR>
                    <SECTION>
                        <SECTNO>§ 10.31 </SECTNO>
                        <SUBJECT>Entry; bond. </SUBJECT>
                        <STARS/>
                        <P>(f) * * * In addition, notwithstanding any other provision of this paragraph, in the case of professional equipment necessary for carrying out the business activity, trade or profession of a business person, equipment for the press or for sound or television broadcasting, cinematographic equipment, articles imported for sports purposes and articles intended for display or demonstration, if brought into the United States by a resident of Canada, Mexico, Singapore, Chile, or Morocco and entered under Chapter 98, Subchapter XIII, HTSUS, no bond or other security will be required if the entered article is a good originating, within the meaning of General Notes 12, 25, 26, or 27, HTSUS, in the country in which the importer is a resident. </P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <REGTEXT TITLE="19" PART="10">
                    <AMDPAR>3. Part 10, CBP regulations, is amended by adding Subpart M to read as follows:</AMDPAR>
                    <SUBPART>
                        <HD SOURCE="HED">Subpart M—United States-Morocco Free Trade Agreement </HD>
                    </SUBPART>
                    <CONTENTS>
                        <SECHD>Sec.</SECHD>
                        <HD SOURCE="HD1">General Provisions </HD>
                        <SECTNO>10.761 </SECTNO>
                        <SUBJECT>Scope. </SUBJECT>
                        <SECTNO>10.762 </SECTNO>
                        <SUBJECT>General definitions.</SUBJECT>
                        <HD SOURCE="HD1">Import Requirements </HD>
                        <SECTNO>10.763 </SECTNO>
                        <SUBJECT>Filing of claim for preferential tariff treatment upon importation. </SUBJECT>
                        <SECTNO>10.764 </SECTNO>
                        <SUBJECT>Declaration. </SUBJECT>
                        <SECTNO>10.765 </SECTNO>
                        <SUBJECT>Importer obligations. </SUBJECT>
                        <SECTNO>10.766 </SECTNO>
                        <SUBJECT>Declaration not required. </SUBJECT>
                        <SECTNO>10.767 </SECTNO>
                        <SUBJECT>Maintenance of records. </SUBJECT>
                        <SECTNO>10.768 </SECTNO>
                        <SUBJECT>Effect of noncompliance; failure to provide documentation regarding transshipment.</SUBJECT>
                        <HD SOURCE="HD1">Rules of Origin </HD>
                        <SECTNO>10.769 </SECTNO>
                        <SUBJECT>Definitions. </SUBJECT>
                        <SECTNO>10.770 </SECTNO>
                        <SUBJECT>Originating goods. </SUBJECT>
                        <SECTNO>10.771 </SECTNO>
                        <SUBJECT>Textile or apparel goods. </SUBJECT>
                        <SECTNO>10.772 </SECTNO>
                        <SUBJECT>Accumulation. </SUBJECT>
                        <SECTNO>10.773 </SECTNO>
                        <SUBJECT>Value of materials. </SUBJECT>
                        <SECTNO>10.774 </SECTNO>
                        <SUBJECT>Direct costs of processing operations. </SUBJECT>
                        <SECTNO>10.775 </SECTNO>
                        <SUBJECT>Packaging and packing materials and containers for retail sale and for shipment. </SUBJECT>
                        <SECTNO>10.776 </SECTNO>
                        <SUBJECT>
                            Indirect materials. 
                            <PRTPAGE P="35652"/>
                        </SUBJECT>
                        <SECTNO>10.777 </SECTNO>
                        <SUBJECT>Imported directly.</SUBJECT>
                        <HD SOURCE="HD1">Tariff Preference Level </HD>
                        <SECTNO>10.778 </SECTNO>
                        <SUBJECT>Filing of claim for tariff preference level. </SUBJECT>
                        <SECTNO>10.779 </SECTNO>
                        <SUBJECT>Goods eligible for tariff preference claims. </SUBJECT>
                        <SECTNO>10.780 </SECTNO>
                        <SUBJECT>Transshipment of nonoriginating fabric or apparel goods. </SUBJECT>
                        <SECTNO>10.781 </SECTNO>
                        <SUBJECT>Effect of noncompliance; failure to provide documentation regarding transshipment of nonoriginating fabric or apparel goods.</SUBJECT>
                        <HD SOURCE="HD1">Origin Verifications and Determinations </HD>
                        <SECTNO>10.784 </SECTNO>
                        <SUBJECT>Verification and justification of claim for preferential treatment. </SUBJECT>
                        <SECTNO>10.785 </SECTNO>
                        <SUBJECT>Special rule for verifications in Morocco of U.S. imports of textile and apparel products. </SUBJECT>
                        <SECTNO>10.786 </SECTNO>
                        <SUBJECT>Issuance of negative origin determinations.</SUBJECT>
                        <HD SOURCE="HD1">Penalties </HD>
                        <SECTNO>10.787 </SECTNO>
                        <SUBJECT>Violations relating to the MFTA.</SUBJECT>
                        <HD SOURCE="HD1">Goods Returned After Repair or Alteration </HD>
                        <SECTNO>10.788 </SECTNO>
                        <SUBJECT>Goods re-entered after repair or alteration in Morocco. </SUBJECT>
                    </CONTENTS>
                    <SUBPART>
                        <HD SOURCE="HED">Subpart M—United States-Morocco Free Trade Agreement </HD>
                        <HD SOURCE="HD1">General Provisions </HD>
                        <SECTION>
                            <SECTNO>§ 10.761 </SECTNO>
                            <SUBJECT>Scope. </SUBJECT>
                            <P>This subpart implements the duty preference and related customs provisions applicable to imported goods under the United States-Morocco Free Trade Agreement (the MFTA) signed on June 15, 2004, and under the United States-Morocco Free Trade Agreement Implementation Act (the Act; 118 Stat. 1103). Except as otherwise specified in this subpart, the procedures and other requirements set forth in this subpart are in addition to the customs procedures and requirements of general application contained elsewhere in this chapter. Additional provisions implementing certain aspects of the MFTA and the Act are contained in Parts 162 and 163 of this chapter. </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.762 </SECTNO>
                            <SUBJECT>General definitions. </SUBJECT>
                            <P>As used in this subpart, the following terms will have the meanings indicated unless either the context in which they are used requires a different meaning or a different definition is prescribed for a particular section of this subpart: </P>
                            <P>
                                (a) 
                                <E T="03">Claim of origin</E>
                                . “Claim of origin” means a claim that a good is an originating good; 
                            </P>
                            <P>
                                (b) 
                                <E T="03">Claim for preferential tariff treatment</E>
                                . “Claim for preferential tariff treatment” means a claim that a good is entitled to the duty rate applicable under the MFTA to an originating good; 
                            </P>
                            <P>
                                (c) 
                                <E T="03">Customs Valuation Agreement</E>
                                . “Customs Valuation Agreement” means the 
                                <E T="03">Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994</E>
                                , which is part of the WTO Agreement; 
                            </P>
                            <P>
                                (d) 
                                <E T="03">Customs duty</E>
                                . “Customs duty” includes any customs or import duty and a charge of any kind imposed in connection with the importation of a good, including any form of surtax or surcharge in connection with such importation, but does not include any: 
                            </P>
                            <P>(1) Charge equivalent to an internal tax imposed consistently with Article III:2 of the GATT 1994 in respect of like, directly competitive, or substitutable goods of the Party or in respect of goods from which the imported good has been manufactured or produced in whole or in part; </P>
                            <P>(2) Antidumping or countervailing duty; and </P>
                            <P>(3) Fee or other charge in connection with importation commensurate with the cost of services rendered; </P>
                            <P>
                                (e) 
                                <E T="03">Days</E>
                                . “Days” means calendar days. 
                            </P>
                            <P>
                                (f) 
                                <E T="03">Enterprise</E>
                                . “Enterprise” means any entity constituted or organized under applicable law, whether or not for profit, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, sole proprietorship, joint venture, or other association; 
                            </P>
                            <P>
                                (g) 
                                <E T="03">Foreign material</E>
                                . “Foreign material” means a material other than a material produced in the territory of one or both of the Parties; 
                            </P>
                            <P>
                                (h) 
                                <E T="03">GATT 1994</E>
                                . “GATT 1994” means the General Agreement on Tariffs and Trade 1994, which is part of the WTO Agreement; 
                            </P>
                            <P>
                                (i) 
                                <E T="03">Good</E>
                                . “Good” means any merchandise, product, article, or material; 
                            </P>
                            <P>
                                (j) 
                                <E T="03">Harmonized System</E>
                                . “Harmonized System (HS)” means the 
                                <E T="03">Harmonized Commodity Description and Coding System</E>
                                , including its General Rules of Interpretation, Section Notes, and Chapter Notes, as adopted and implemented by the Parties in their respective tariff laws; 
                            </P>
                            <P>
                                (k) 
                                <E T="03">Heading</E>
                                . “Heading” means the first four digits in the tariff classification number under the Harmonized System; 
                            </P>
                            <P>
                                (l) 
                                <E T="03">HTSUS</E>
                                . “HTSUS” means the 
                                <E T="03">Harmonized Tariff Schedule of the United States</E>
                                 as promulgated by the U.S. International Trade Commission; 
                            </P>
                            <P>
                                (m) 
                                <E T="03">Originating</E>
                                . “Originating” means a good qualifying under the rules of origin set forth in General Note 27, HTSUS, and MFTA Chapter Four (Textiles and apparel) or Chapter Five (Rules of Origin); 
                            </P>
                            <P>
                                (n) 
                                <E T="03">Party</E>
                                . “Party” means the United States or the Kingdom of Morocco; 
                            </P>
                            <P>
                                (o) 
                                <E T="03">Person</E>
                                . “Person” means a natural person or an enterprise; 
                            </P>
                            <P>
                                (p) 
                                <E T="03">Preferential tariff treatment</E>
                                . “Preferential tariff treatment” means the duty rate applicable under the MFTA to an originating good; 
                            </P>
                            <P>
                                (q) 
                                <E T="03">Subheading</E>
                                . “Subheading” means the first six digits in the tariff classification number under the Harmonized System; 
                            </P>
                            <P>
                                (r) 
                                <E T="03">Textile or apparel good</E>
                                . “Textile or apparel good” means a good listed in the Annex to the Agreement on Textiles and Clothing (commonly referred to as ATC), which is part of the WTO Agreement; 
                            </P>
                            <P>
                                (s) 
                                <E T="03">Territory</E>
                                . “Territory” means: 
                            </P>
                            <P>(1) With respect to Morocco, the land, maritime and air space under its sovereignty, and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with international law and its domestic law; and </P>
                            <P>(2) With respect to the United States, </P>
                            <P>(i) The customs territory of the United States, which includes the 50 states, the District of Columbia, and Puerto Rico, </P>
                            <P>(ii) The foreign trade zones located in the United States and Puerto Rico, and </P>
                            <P>(iii) Any areas beyond the territorial seas of the United States within which, in accordance with international law and its domestic law, the United States may exercise rights with respect to the seabed and subsoil and their natural resources; </P>
                            <P>
                                (t) 
                                <E T="03">WTO Agreement</E>
                                . “WTO Agreement” means the 
                                <E T="03">Marrakesh Agreement Establishing the World Trade Organization</E>
                                 of April 15, 1994. 
                            </P>
                            <HD SOURCE="HD1">Import Requirements </HD>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.763 </SECTNO>
                            <SUBJECT>Filing of claim for preferential tariff treatment upon importation. </SUBJECT>
                            <P>An importer may make a claim for MFTA preferential tariff treatment for an originating good by including on the entry summary, or equivalent documentation, the symbol “MA” as a prefix to the subheading of the HTSUS under which each qualifying good is classified, or by the method specified for equivalent reporting via an authorized electronic data interchange system. </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.764 </SECTNO>
                            <SUBJECT>Declaration. </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">Contents</E>
                                . An importer who claims preferential tariff treatment for a good under the MFTA must submit to CBP, at the request of the port director, a declaration setting forth all pertinent information concerning the growth, production, or manufacture of the good. A declaration submitted to CBP under this paragraph: 
                            </P>
                            <P>
                                (1) Need not be in a prescribed format but must be in writing or must be transmitted electronically pursuant to any electronic means authorized by CBP for that purpose; 
                                <PRTPAGE P="35653"/>
                            </P>
                            <P>(2) Must include the following information: </P>
                            <P>(i) The legal name, address, telephone, and e-mail address (if any) of the importer of record of the good; </P>
                            <P>(ii) The legal name, address, telephone, and e-mail address (if any) of the responsible official or authorized agent of the importer signing the declaration (if different from the information required by paragraph (a)(2)(i) of this section); </P>
                            <P>(iii) The legal name, address, telephone, and e-mail address (if any) of the exporter of the good (if different from the producer); </P>
                            <P>(iv) The legal name, address, telephone, and e-mail address (if any) of the producer of the good (if known); </P>
                            <P>(v) A description of the good, which must be sufficiently detailed to relate it to the invoice and HS nomenclature, including quantity, numbers, invoice numbers, and bills of lading; </P>
                            <P>(vi) A description of the operations performed in the growth, production, or manufacture of the good in the territory of one or both of the Parties and, where applicable, identification of the direct costs of processing operations; </P>
                            <P>(vii) A description of any materials used in the growth, production, or manufacture of the good that are wholly the growth, product, or manufacture of one or both of the Parties, and a statement as to the value of such materials; </P>
                            <P>(viii) A description of the operations performed on, and a statement as to the origin and value of, any materials used in the article that are claimed to have been sufficiently processed in the territory of one or both of the Parties so as to be materials produced in one or both of the Parties, or are claimed to have undergone an applicable change in tariff classification specified in General Note 27(h), HTSUS; and </P>
                            <P>(ix) A description of the origin and value of any foreign materials used in the good that have not been substantially transformed in the territory of one or both of the Parties, or have not undergone an applicable change in tariff classification specified in General Note 27(h), HTSUS; </P>
                            <P>(3) Must include a statement, in substantially the following form: </P>
                            <EXTRACT>
                                <P>“I certify that: </P>
                                <P>The information on this document is true and accurate and I assume the responsibility for proving such representations. I understand that I am liable for any false statements or material omissions made on or in connection with this document; </P>
                                <P>I agree to maintain and present upon request, documentation necessary to support these representations; </P>
                                <P>The goods comply with all the requirements for preferential tariff treatment specified for those goods in the United States-Morocco Free Trade Agreement; and </P>
                                <P>This document consists of __pages, including all attachments.” </P>
                            </EXTRACT>
                            <P>
                                (b) 
                                <E T="03">Responsible official or agent</E>
                                . The declaration must be signed and dated by a responsible official of the importer or by the importer's authorized agent having knowledge of the relevant facts. 
                            </P>
                            <P>
                                (c) 
                                <E T="03">Language</E>
                                . The declaration must be completed in the English language. 
                            </P>
                            <P>
                                (d) 
                                <E T="03">Applicability of declaration</E>
                                . The declaration may be applicable to: 
                            </P>
                            <P>(1) A single importation of a good into the United States, including a single shipment that results in the filing of one or more entries and a series of shipments that results in the filing of one entry; or </P>
                            <P>(2) Multiple importations of identical goods into the United States that occur within a specified blanket period, not exceeding 12 months, set out in the declaration. For purposes of this paragraph, “identical goods” means goods that are the same in all respects relevant to the production that qualifies the goods for preferential tariff treatment. </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.765 </SECTNO>
                            <SUBJECT>Importer obligations. </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">General</E>
                                . An importer who makes a claim for preferential tariff treatment under § 10.763 of this subpart: 
                            </P>
                            <P>(1) Will be deemed to have certified that the good is eligible for preferential tariff treatment under the MFTA; </P>
                            <P>(2) Is responsible for the truthfulness of the information and data contained in the declaration provided for in § 10.764 of this subpart; and </P>
                            <P>(3) Is responsible for submitting any supporting documents requested by CBP and for the truthfulness of the information contained in those documents. CBP will allow for the direct submission by the exporter or producer of business confidential or other sensitive information, including cost and sourcing information. </P>
                            <P>
                                (b) I
                                <E T="03">nformation provided by exporter or producer</E>
                                . The fact that the importer has made a claim for preferential tariff treatment or prepared a declaration based on information provided by an exporter or producer will not relieve the importer of the responsibility referred to in paragraph (a) of this section. 
                            </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.766 </SECTNO>
                            <SUBJECT>Declaration not required. </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">General</E>
                                . Except as otherwise provided in paragraph (b) of this section, an importer will not be required to submit a declaration under § 10.764 of this subpart for: 
                            </P>
                            <P>(1) A non-commercial importation of a good; or </P>
                            <P>(2) A commercial importation for which the value of the originating goods does not exceed U.S. $2,500. </P>
                            <P>
                                (b) 
                                <E T="03">Exception</E>
                                . If the port director determines that an importation described in paragraph (a) of this section may reasonably be considered to have been carried out or planned for the purpose of evading compliance with the rules and procedures governing claims for preference under the MFTA, the port director will notify the importer that for that importation the importer must submit to CBP a declaration. The importer must submit such a declaration within 30 days from the date of the notice. Failure to timely submit the declaration will result in denial of the claim for preferential tariff treatment. 
                            </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.767 </SECTNO>
                            <SUBJECT>Maintenance of records. </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">General</E>
                                . An importer claiming preferential tariff treatment for a good under § 10.763 of this subpart must maintain, for five years after the date of the claim for preferential tariff treatment, all records and documents necessary for the preparation of the declaration. 
                            </P>
                            <P>
                                (b) 
                                <E T="03">Applicability of other recordkeeping requirements</E>
                                . The records and documents referred to in paragraph (a) of this section are in addition to any other records required to be made, kept, and made available to CBP under Part 163 of this chapter. 
                            </P>
                            <P>
                                (c) 
                                <E T="03">Method of maintenance</E>
                                . The records and documents referred to in paragraph (a) of this section must be maintained by importers as provided in § 163.5 of this chapter. 
                            </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.768 </SECTNO>
                            <SUBJECT>Effect of noncompliance; failure to provide documentation regarding transshipment. </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">General</E>
                                . If the importer fails to comply with any requirement under this subpart, including submission of a complete declaration under § 10.764 of this subpart, when requested, the port director may deny preferential tariff treatment to the imported good. 
                            </P>
                            <P>
                                (b) 
                                <E T="03">Failure to provide documentation regarding transshipment</E>
                                . Where the requirements for preferential tariff treatment set forth elsewhere in this subpart are met, the port director nevertheless may deny preferential treatment to a good if the good is shipped through or transshipped in the territory of a country other than a Party, and the importer of the good does not provide, at the request of the port director, evidence demonstrating to the satisfaction of the port director that the good was imported directly from the territory of a Party into the territory of the other Party (
                                <E T="03">see</E>
                                 § 10.777 of this subpart). 
                                <PRTPAGE P="35654"/>
                            </P>
                            <HD SOURCE="HD1">Rules of Origin </HD>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.769 </SECTNO>
                            <SUBJECT>Definitions.</SUBJECT>
                            <P>For purposes of §§ 10.769 through 10.777: </P>
                            <P>
                                (a) 
                                <E T="03">Exporter</E>
                                . “Exporter” means a person who exports goods from the territory of a Party; 
                            </P>
                            <P>
                                (b) 
                                <E T="03">Generally Accepted Accounting Principles</E>
                                . “Generally Accepted Accounting Principles” means the recognized consensus or substantial authoritative support in the territory of a Party, with respect to the recording of revenues, expenses, costs, assets, and liabilities, the disclosure of information, and the preparation of financial statements. These standards may encompass broad guidelines of general application as well as detailed standards, practices, and procedures; 
                            </P>
                            <P>
                                (c) 
                                <E T="03">Good</E>
                                . “Good” means any merchandise, product, article, or material; 
                            </P>
                            <P>
                                (d) 
                                <E T="03">Goods wholly the growth, product, or manufacture of one or both of the Parties</E>
                                . “Goods wholly the growth, product, or manufacture of one or both of the Parties” means: 
                            </P>
                            <P>(1) Mineral goods extracted in the territory of one or both of the Parties; </P>
                            <P>(2) Vegetable goods, as such goods are defined in the HTSUS, harvested in the territory of one or both of the Parties; </P>
                            <P>(3) Live animals born and raised in the territory of one or both of the Parties; </P>
                            <P>(4) Goods obtained from live animals raised in the territory of one or both of the Parties; </P>
                            <P>(5) Goods obtained from hunting, trapping, or fishing in the territory of one or both of the parties; </P>
                            <P>(6) Goods (fish, shellfish, and other marine life) taken from the sea by vessels registered or recorded with a Party and flying its flag; </P>
                            <P>(7) Goods produced from goods referred to in paragraph (d)(5) on board factory ships registered or recorded with that Party and flying its flag; </P>
                            <P>(8) Goods taken by a Party or a person of a Party from the seabed or beneath the seabed outside territorial waters, provided that a Party has rights to exploit such seabed; </P>
                            <P>(9) Goods taken from outer space, provided they are obtained by a Party or a person of a Party and not processed in the territory of a non-Party; </P>
                            <P>(10) Waste and scrap derived from: </P>
                            <P>(i) Production or manufacture in the territory of one or both of the Parties, or </P>
                            <P>(ii) Used goods collected in the territory of one or both of the Parties, provided such goods are fit only for the recovery of raw materials; </P>
                            <P>(11) Recovered goods derived in the territory of a Party from used goods, and utilized in the territory of that Party in the production of remanufactured goods; and </P>
                            <P>(12) Goods produced in the territory of one or both of the Parties exclusively from goods referred to in paragraphs (d)(1) through (d)(10) of this section, or from their derivatives, at any stage of production; </P>
                            <P>
                                (e) 
                                <E T="03">Importer.</E>
                                 Importer means a person who imports goods into the territory of a Party; 
                            </P>
                            <P>
                                (f) 
                                <E T="03">Indirect material.</E>
                                 “Indirect material” means a good used in the growth, production, manufacture, testing, or inspection of a good but not physically incorporated into the good, or a good used in the maintenance of buildings or the operation of equipment associated with the growth, production, or manufacture of a good, including: 
                            </P>
                            <P>(1) Fuel and energy; </P>
                            <P>(2) Tools, dies, and molds; </P>
                            <P>(3) Spare parts and materials used in the maintenance of equipment and buildings; </P>
                            <P>(4) Lubricants, greases, compounding materials, and other materials used in the growth, production, or manufacture of a good or used to operate equipment and buildings; </P>
                            <P>(5) Gloves, glasses, footwear, clothing, safety equipment, and supplies; </P>
                            <P>(6) Equipment, devices, and supplies used for testing or inspecting the good; </P>
                            <P>(7) Catalysts and solvents; and </P>
                            <P>(8) Any other goods that are not incorporated into the good but the use of which in the growth, production, or manufacture of the good can reasonably be demonstrated to be a part of that growth, production, or manufacture; </P>
                            <P>
                                (g) 
                                <E T="03">Material.</E>
                                 “Material” means a good, including a part or ingredient, that is used in the growth, production, or manufacture of another good that is a new or different article of commerce that has been grown, produced, or manufactured in one or both of the Parties; 
                            </P>
                            <P>
                                (h) 
                                <E T="03">Material produced in the territory of one or both of the Parties.</E>
                                 “Material produced in the territory of one or both of the Parties” means a good that is either wholly the growth, product, or manufacture of one or both of the Parties, or a new or different article of commerce that has been grown, produced, or manufactured in the territory of one or both of the Parties; 
                            </P>
                            <P>
                                (i) 
                                <E T="03">New or different article of commerce.</E>
                                 The term “new or different article of commerce” means, except as provided in § 10.770(c) of this subpart, a good that: 
                            </P>
                            <P>(1) Has been substantially transformed from a good or material that is not wholly the growth, product, of manufacture of one or both of the Parties; and </P>
                            <P>(2) Has a new name, character, or use distinct from the good or material from which it was transformed; </P>
                            <P>
                                (j) 
                                <E T="03">Non-originating material.</E>
                                 “Non-originating material” means a material that does not qualify as originating under this subpart or General Note 27, HTSUS; 
                            </P>
                            <P>
                                (k) 
                                <E T="03">Packing materials and containers for shipment.</E>
                                 “Packing materials and containers for shipment” means the goods used to protect a good during its transportation to the United States, and does not include the packaging materials and containers in which a good is packaged for retail sale; 
                            </P>
                            <P>
                                (l) 
                                <E T="03">Recovered goods.</E>
                                 “Recovered goods” means materials in the form of individual parts that result from: 
                            </P>
                            <P>(1) The complete disassembly of used goods into individual parts; and </P>
                            <P>(2) The cleaning, inspecting, testing, or other processing of those parts as necessary for improvement to sound working condition; </P>
                            <P>
                                (m) 
                                <E T="03">Remanufactured good.</E>
                                 “Remanufactured good” means an industrial good that is assembled in the territory of a Party and that: 
                            </P>
                            <P>(1) Is entirely or partially comprised of recovered goods; </P>
                            <P>(2) Has a similar life expectancy to, and meets the similar performance standards as, a like good that is new; and </P>
                            <P>(3) Enjoys the factory warranty similar to that of a like good that is new; </P>
                            <P>
                                (n) 
                                <E T="03">Simple combining or packaging operations.</E>
                                 “Simple combining or packaging operations” means operations such as adding batteries to electronic devices, fitting together a small number of components by bolting, gluing, or soldering, or packing or repacking components together; 
                            </P>
                            <P>
                                (o) 
                                <E T="03">Substantially transformed.</E>
                                 “Substantially transformed” means, with respect to a good or material, changed as the result of a manufacturing or processing operation so that the good loses its separate identity in the manufacturing or processing operation and: 
                            </P>
                            <P>(1) The good or material is converted from a good that has multiple uses into a good or material that has limited uses; </P>
                            <P>(2) The physical properties of the good or material are changed to a significant extent; or </P>
                            <P>(3) The operation undergone by the good or material is complex by reason of the number of processes and materials involved and the time and level of skill required to perform those processes. </P>
                        </SECTION>
                        <SECTION>
                            <PRTPAGE P="35655"/>
                            <SECTNO>§ 10.770 </SECTNO>
                            <SUBJECT>Originating goods. </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">General.</E>
                                 A good will be considered an originating good under the MFTA when imported directly from the territory of a Party into the territory of the other Party only if: 
                            </P>
                            <P>(1) The good is wholly the growth, product, or manufacture of one or both of the Parties; </P>
                            <P>(2) The good is a new or different article of commerce that has been grown, produced, or manufactured in the territory of one or both of the Parties, is provided for in a heading or subheading of the HTSUS that is not covered by the product-specific rules set forth in General Note 27(h), HTSUS, and meets the value-content requirement specified in paragraph (b) of this section; or </P>
                            <P>(3) The good is provided for in a heading or subheading of the HTSUS covered by the product-specific rules set forth in General Note 27(h), HTSUS, and: </P>
                            <P>(i)(A) Each of the non-originating materials used in the production of the good undergoes an applicable change in tariff classification specified in General Note 27(h), HTSUS, as a result of production occurring entirely in the territory of one or both of the Parties; or </P>
                            <P>(B) The good otherwise satisfies the requirements specified in General Note 27(h), HTSUS; and </P>
                            <P>(ii) The good meets any other requirements specified in General Note 27, HTSUS. </P>
                            <P>
                                (b) 
                                <E T="03">Value-content requirement.</E>
                                 A good described in paragraph (a)(2) of this section will be considered an originating good under the MFTA only if the sum of the value of materials produced in one or both of the Parties, plus the direct costs of processing operations (
                                <E T="03">see</E>
                                 § 10.774 of this subpart) performed in one or both of the Parties, is not less than 35 percent of the appraised value of the good at the time the good is entered into the territory of the United States. 
                            </P>
                            <P>
                                (c) 
                                <E T="03">Combining, packaging, and diluting operations.</E>
                                 For purposes of this subpart, a good will not be considered a new or different article of commerce by virtue of having undergone simple combining or packaging operations, or mere dilution with water or another substance that does not materially alter the characteristics of the good. The principles and examples set forth in § 10.195(a)(2) of this part will apply equally for purposes of this paragraph. 
                            </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.771 </SECTNO>
                            <SUBJECT>Textile or apparel goods. </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">De minimis.</E>
                                 Except as provided in paragraph (a)(1) of this section, a textile or apparel good that is not an originating good under the MFTA because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in General Note 27(h), HTSUS, will be considered to be an originating good if the total weight of all such fibers is not more than seven percent of the total weight of that component. 
                            </P>
                            <P>
                                (1) 
                                <E T="03">Exception.</E>
                                 A textile or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification of the good will be considered to be an originating good only if such yarns are wholly formed in the territory of a Party. 
                            </P>
                            <P>
                                (2) 
                                <E T="03">Yarn, fabric, or group of fibers.</E>
                                 For purposes of paragraph (a) of this section, in the case of a textile or apparel good that is a yarn, fabric, or group of fibers, the term “component of the good that determines the tariff classification of the good” means all of the fibers in the yarn, fabric, or group of fibers. 
                            </P>
                            <P>
                                (b) 
                                <E T="03">Textile or apparel goods put up in sets.</E>
                                 Notwithstanding the specific rules specified in General Note 27(h), HTSUS, textile or apparel goods classifiable as goods put up in sets for retail sale as provided for in General Rule of Interpretation 3, HTSUS, will not be considered to be originating goods under the MFTA unless each of the goods in the set is an originating good or the total value of the non-originating goods in the set does not exceed ten percent of the appraised value of the set. 
                            </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.772 </SECTNO>
                            <SUBJECT>Accumulation. </SUBJECT>
                            <P>(a) An originating good or material produced in the territory of one or both of the Parties that is incorporated into a good in the territory of the other Party will be considered to originate in the territory of the other Party. </P>
                            <P>(b) A good that is grown, produced, or manufactured in the territory of one or both of the Parties by one or more producers is an originating good if the good satisfies the requirements of § 10.770 of this subpart and all other applicable requirements of General Note 27, HTSUS. </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.773 </SECTNO>
                            <SUBJECT>Value of materials. </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">General.</E>
                                 For purposes of § 10.770(b) of this subpart and, except as provided in paragraph (b) of this section, the value of a material produced in the territory of one or both of the Parties includes the following: 
                            </P>
                            <P>(1) The price actually paid or payable for the material by the producer of the good; </P>
                            <P>(2) The freight, insurance, packing and all other costs incurred in transporting the material to the producer's plant, if such costs are not included in the price referred to in paragraph (a)(1) of this section; </P>
                            <P>(3) The cost of waste or spoilage resulting from the use of the material in the growth, production, or manufacture of the good, less the value of recoverable scrap; and </P>
                            <P>(4) Taxes or customs duties imposed on the material by one or both of the Parties, if the taxes or customs duties are not remitted upon exportation from the territory of a Party. </P>
                            <P>
                                (b) 
                                <E T="03">Exception.</E>
                                 If the relationship between the producer of a good and the seller of a material influenced the price actually paid or payable for the material, or if there is no price actually paid or payable by the producer for the material, the value of the material produced in the territory of one or both of the Parties, includes the following: 
                            </P>
                            <P>(1) All expenses incurred in the growth, production, or manufacture of the material, including general expenses; </P>
                            <P>(2) A reasonable amount for profit; and </P>
                            <P>(3) The freight, insurance, packing, and all other costs incurred in transporting the material to the producer's plant. </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.774 </SECTNO>
                            <SUBJECT>Direct costs of processing operations. </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">Items included.</E>
                                 For purposes of § 10.770(b) of this subpart, the words “direct costs of processing operations”, with respect to a good, mean those costs either directly incurred in, or that can be reasonably allocated to, the growth, production, or manufacture of the good in the territory of one or both of the Parties. Such costs include, to the extent they are includable in the appraised value of the good when imported into a Party, the following: 
                            </P>
                            <P>(1) All actual labor costs involved in the growth, production, or manufacture of the specific good, including fringe benefits, on-the-job training, and the costs of engineering, supervisory, quality control, and similar personnel; </P>
                            <P>(2) Tools, dies, molds, and other indirect materials, and depreciation on machinery and equipment that are allocable to the specific good; </P>
                            <P>(3) Research, development, design, engineering, and blueprint costs, to the extent that they are allocable to the specific good; </P>
                            <P>(4) Costs of inspecting and testing the specific good; and </P>
                            <P>(5) Costs of packaging the specific good for export to the territory of the other Party. </P>
                            <P>
                                (b) 
                                <E T="03">Items not included.</E>
                                 For purposes of § 10.770(b) of this subpart, the words “direct costs of processing operations” 
                                <PRTPAGE P="35656"/>
                                do not include items that are not directly attributable to the good or are not costs of growth, production, or manufacture of the good. These include, but are not limited to: 
                            </P>
                            <P>(1) Profit; and </P>
                            <P>(2) General expenses of doing business that are either not allocable to the good or are not related to the growth, production, or manufacture of the good, such as administrative salaries, casualty and liability insurance, advertising, and salesmen's salaries, commissions, or expenses. </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.775 </SECTNO>
                            <SUBJECT>Packaging and packing materials and containers for retail sale and for shipment. </SUBJECT>
                            <P>Packaging materials and containers in which a good is packaged for retail sale and packing materials and containers for shipment are to be disregarded in determining whether a good qualifies as an originating good under § 10.770 of this subpart and General Note 27, HTSUS, except to the extent that the value of such packaging and packing materials and containers may be included in meeting the value-content requirement specified in § 10.770(b) of this subpart. </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.776 </SECTNO>
                            <SUBJECT>Indirect materials. </SUBJECT>
                            <P>Indirect materials are to be disregarded in determining whether a good qualifies as an originating good under § 10.770 of this subpart and General Note 27, HTSUS, except that the cost of such indirect materials may be included in meeting the value-content requirement specified in § 10.770(b) of this subpart. </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.777 </SECTNO>
                            <SUBJECT>Imported directly. </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">General</E>
                                . To qualify as an originating good under the MFTA, a good must be imported directly from the territory of a Party into the territory of the other Party. For purposes of this subpart, the words “imported directly” mean: 
                            </P>
                            <P>(1) Direct shipment from the territory of a Party into the territory of the other Party without passing through the territory of a non-Party; or </P>
                            <P>(2) If the shipment passed through the territory of a non-Party, the good, upon arrival in the territory of a Party, will be considered to be “imported directly” only if the good did not undergo production, manufacturing, or any other operation outside the territories of the Parties, other than unloading, reloading, or any other operation necessary to preserve the good in good condition or to transport the good to the territory of a Party. Operations that may be performed outside the territories of the Parties include inspection, removal of dust that accumulates during shipment, ventilation, spreading out or drying, chilling, replacing salt, sulfur dioxide, or aqueous solutions, replacing damaged packing materials and containers, and removal of units of the good that are spoiled or damaged and present a danger to the remaining units of the good, or to transport the good to the territory of a Party. </P>
                            <P>
                                (b) 
                                <E T="03">Documentary evidence</E>
                                . An importer making a claim for preferential tariff treatment under the MFTA for an originating good may be required to demonstrate, to CBP's satisfaction, that the good was “imported directly” from the territory of a Party into the territory of the other Party, as that term is defined in paragraph (a) of this section. An importer may demonstrate compliance with this section by submitting documentary evidence. Such evidence may include, but is not limited to, bills of lading, airway bills, packing lists, commercial invoices, receiving and inventory records, and customs entry and exit documents. 
                            </P>
                            <HD SOURCE="HD1">Tariff Preference Level </HD>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.778 </SECTNO>
                            <SUBJECT>Filing of claim for tariff preference level. </SUBJECT>
                            <P>A fabric or apparel good described in § 10.779 of this subpart that does not qualify as an originating good under § 10.770 of this subpart may nevertheless be entitled to preferential tariff treatment under the MFTA under an applicable tariff preference level (TPL). To make a TPL claim, the importer must include on the entry summary, or equivalent documentation, the applicable subheading in Chapter 99 of the HTSUS (9912.99.20) immediately above the applicable subheading in Chapters 51 through 62 of the HTSUS under which each non-originating fabric or apparel good is classified. </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.779 </SECTNO>
                            <SUBJECT>Goods eligible for tariff preference claims. </SUBJECT>
                            <P>The following goods are eligible for a TPL claim filed under § 10.778 of this subpart: </P>
                            <P>
                                (a) 
                                <E T="03">Fabric goods</E>
                                . Fabric goods provided for in Chapters 51, 52, 54, 55, 58, and 60 of the HTSUS that are wholly formed in Morocco, regardless of the origin of the fiber or yarn used to produce the goods, provided that they meet the applicable conditions for preferential tariff treatment under the MFTA, other than the condition that they are originating; and 
                            </P>
                            <P>
                                (b) 
                                <E T="03">Apparel goods</E>
                                . Apparel goods provided for in Chapters 61 and 62 of the HTSUS that are cut or knit to shape, or both, and sewn or otherwise assembled in Morocco, regardless of the origin of the fabric or yarn used to produce the goods, provided that they meet the applicable conditions for preferential tariff treatment under the MFTA, other than the condition that they are originating goods. 
                            </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.780 </SECTNO>
                            <SUBJECT>Transshipment of non-originating fabric or apparel goods. </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">General</E>
                                . To qualify for preferential tariff treatment under an applicable TPL, a good must be imported directly from the territory of a Party into the territory of the other Party. For purposes of this subpart, the words “imported directly” mean: 
                            </P>
                            <P>(1) Direct shipment from the territory of a Party into the territory of the other Party without passing through the territory of a non-Party; or </P>
                            <P>(2) If the shipment passed through the territory of a non-Party, the good, upon arrival in the territory of a Party, will be considered to be “imported directly” only if the good did not undergo production, manufacturing, or any other operation outside the territories of the Parties, other than unloading, reloading, or any other operation necessary to preserve it in good condition or to transport the good to the territory of a Party. Operations that may be performed outside the territories of the Parties include inspection, removal of dust that accumulates during shipment, ventilation, spreading out or drying, chilling, replacing salt, sulfur dioxide, or other aqueous solutions, replacing damaged packing materials and containers, and removal of units of the good that are spoiled or damaged and present a danger to the remaining units of the good, or to transport the good to the territory of a Party. </P>
                            <P>
                                (b) 
                                <E T="03">Documentary evidence</E>
                                . An importer making a claim for preferential tariff treatment under an applicable TPL may be required to demonstrate, to CBP's satisfaction, that the good was “imported directly” from the territory of a Party into the territory of the other Party, as that term is defined in paragraph (a) of this section. An importer may demonstrate compliance with this section by submitting documentary evidence. Such evidence may include, but is not limited to, bills of lading, airway bills, packing lists, commercial invoices, receiving and inventory records, and customs entry and exit documents. 
                            </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.781 </SECTNO>
                            <SUBJECT>Effect of noncompliance; failure to provide documentation regarding transshipment of non-originating fabric or apparel goods. </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">Effect of noncompliance</E>
                                . If an importer of a good for which a TPL claim is made fails to comply with any applicable requirement under this 
                                <PRTPAGE P="35657"/>
                                subpart, the port director may deny preferential tariff treatment to the imported good. 
                            </P>
                            <P>
                                (b) 
                                <E T="03">Failure to provide documentation regarding transshipment.</E>
                                 Where the requirements for preferential tariff treatment set forth elsewhere in this subpart are met, the port director nevertheless may deny preferential tariff treatment to a good for which a TPL claim is made if the good is shipped through or transshipped in a country other than a Party, and the importer of the good does not provide, at the request of the port director, evidence demonstrating to the satisfaction of the port director that the requirements set forth in § 10.780 of this subpart were met. 
                            </P>
                            <HD SOURCE="HD1">Origin Verifications and Determinations </HD>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.784 </SECTNO>
                            <SUBJECT>Verification and justification of claim for preferential treatment. </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">Verification</E>
                                . A claim for preferential treatment made under § 10.763 of this subpart, including any declaration or other information submitted to CBP in support of the claim, will be subject to such verification as the port director deems necessary. In the event that the port director is provided with insufficient information to verify or substantiate the claim, the port director may deny the claim for preferential treatment. 
                            </P>
                            <P>
                                (b) 
                                <E T="03">Applicable accounting principles.</E>
                                 When conducting a verification of origin to which Generally Accepted Accounting Principles may be relevant, CBP will apply and accept the Generally Accepted Accounting Principles applicable in the country of production. 
                            </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.785 </SECTNO>
                            <SUBJECT>Special rule for verifications in Morocco of U.S. imports of textile and apparel products. </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">Procedures to determine whether a claim of origin is accurate</E>
                                . For the purpose of determining that a claim of origin for a textile or apparel good is accurate, CBP may request that the government of Morocco conduct a verification, regardless of whether a claim is made for preferential tariff treatment. While a verification under this paragraph is being conducted, CBP may take appropriate action, as directed by The Committee for the Implementation of Textile Agreements (CITA), which may include suspending the application of preferential treatment to the textile or apparel good for which a claim of origin has been made. If CBP is unable to make the determination described in this paragraph within 12 months after a request for a verification, or makes a negative determination, CBP may take appropriate action with respect to the textile and apparel good subject to the verification, and with respect to similar goods exported or produced by the entity that exported or produced the good, if directed by CITA. 
                            </P>
                            <P>
                                (b) 
                                <E T="03">Procedures to determine compliance with applicable customs laws and regulations of the United States</E>
                                . For purposes of enabling CBP to determine that an exporter or producer is complying with applicable customs laws, regulations, and procedures in cases in which CBP has a reasonable suspicion that a Moroccan exporter or producer is engaging in unlawful activity relating to trade in textile and apparel goods, CBP may request that the government of Morocco conduct a verification, regardless of whether a claim is made for preferential tariff treatment. A “reasonable suspicion” for the purpose of this paragraph will be based on relevant factual information, including information of the type set forth in Article 6.5.5 of the MFTA, that indicates circumvention of applicable laws, regulations or procedures regarding trade in textile and apparel goods. While a verification under this paragraph is being conducted, CBP may take appropriate action, as directed by CITA, which may include suspending the application of preferential tariff treatment to the textile and apparel goods exported or produced by the Moroccan entity where the reasonable suspicion of unlawful activity relates to those goods. If CBP is unable to make the determination described in this paragraph within 12 months after a request for a verification, or makes a negative determination, CBP may take appropriate action with respect to any textile or apparel goods exported or produced by the entity subject to the verification, if directed by CITA. 
                            </P>
                            <P>
                                (c) 
                                <E T="03">Assistance by U.S. officials to Moroccan authorities</E>
                                . U.S. officials may undertake or assist in a verification under this section by conducting visits in Morocco, along with the competent authorities of Morocco, to the premises of an exporter, producer or any other enterprise involved in the movement of textile or apparel goods from Morocco to the United States. 
                            </P>
                            <P>
                                (d) 
                                <E T="03">Treatment of documents and information provided to CBP.</E>
                                 Any production, trade and transit documents and other information necessary to conduct a verification under this section, provided to CBP by the government of Morocco consistent with the laws, regulations, and procedures of Morocco, will be treated in accordance with Article 6.6 of the MFTA. 
                            </P>
                            <P>
                                (e) 
                                <E T="03">Notification to Morocco; continuation of appropriate action.</E>
                                 Prior to commencing appropriate action under paragraph (a) or (b) of this section, CBP will notify the government of Morocco. CBP may continue to take appropriate action under paragraph (a) or (b) of this section until it receives information sufficient to enable it to make the determination described in those paragraphs. 
                            </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.786 </SECTNO>
                            <SUBJECT>Issuance of negative origin determinations. </SUBJECT>
                            <P>If, as a result of an origin verification initiated under this subpart, CBP determines that a claim for preferential tariff treatment made under § 10.763 of this subpart should be denied, it will issue a determination in writing or via an authorized electronic data interchange system to the importer that sets forth the following: </P>
                            <P>(a) A description of the good that was the subject of the verification together with the identifying numbers and dates of the export and import documents pertaining to the good; </P>
                            <P>(b) A statement setting forth the findings of fact made in connection with the verification and upon which the determination is based; and </P>
                            <P>(c) With specific reference to the rules applicable to originating goods as set forth in General Note 27, HTSUS, and in §§ 10.769 through 10.777 of this subpart, the legal basis for the determination. </P>
                            <HD SOURCE="HD1">Penalties </HD>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.787 </SECTNO>
                            <SUBJECT>Violations relating to the MFTA. </SUBJECT>
                            <P>All criminal, civil, or administrative penalties which may be imposed on U.S. importers for violations of the customs and related laws and regulations will also apply to U.S. importers for violations of the laws and regulations relating to the MFTA. </P>
                            <HD SOURCE="HD1">Goods Returned After Repair or Alteration </HD>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 10.788 </SECTNO>
                            <SUBJECT>Goods re-entered after repair or alteration in Morocco. </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">General</E>
                                . This section sets forth the rules that apply for purposes of obtaining duty-free treatment on goods returned after repair or alteration in Morocco as provided for in subheadings 9802.00.40 and 9802.00.50, HTSUS. Goods returned after having been repaired or altered in Morocco, whether or not pursuant to a warranty, are eligible for duty-free treatment, provided that the requirements of this section are met. For purposes of this section, “repairs or alterations” means restoration, addition, renovation, re-dyeing, cleaning, re-sterilizing, or other treatment which does not destroy the essential characteristics of, or create a new or commercially different good 
                                <PRTPAGE P="35658"/>
                                from, the good exported from the United States. 
                            </P>
                            <P>
                                (b) 
                                <E T="03">Goods not eligible for treatment.</E>
                                 The duty-free treatment referred to in paragraph (a) of this section will not apply to goods which, in their condition as exported from the United States to Morocco, are incomplete for their intended use and for which the processing operation performed in Morocco constitutes an operation that is performed as a matter of course in the preparation or manufacture of finished goods. 
                            </P>
                            <P>
                                (c) 
                                <E T="03">Documentation</E>
                                . The provisions of § 10.8(a), (b), and (c) of this part, relating to the documentary requirements for goods entered under subheading 9802.00.40 or 9802.00.50, HTSUS, will apply in connection with the entry of goods which are returned from Morocco after having been exported for repairs or alterations and which are claimed to be duty free. 
                            </P>
                        </SECTION>
                    </SUBPART>
                </REGTEXT>
                <REGTEXT TITLE="19" PART="162">
                    <PART>
                        <HD SOURCE="HED">PART 162—INSPECTION, SEARCH, AND SEIZURE </HD>
                    </PART>
                    <AMDPAR>4. The authority citation for Part 162 continues to read in part as follows: </AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>5 U.S.C. 301; 19 U.S.C. 66, 1592, 1593a, 1624. </P>
                    </AUTH>
                    <STARS/>
                </REGTEXT>
                <REGTEXT TITLE="19" PART="162">
                    <AMDPAR>5. Section 162.0 is amended by revising the last sentence to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 162.0 </SECTNO>
                        <SUBJECT>Scope.</SUBJECT>
                        <P>* * * Additional provisions concerning records maintenance and examination applicable to U.S. importers, exporters and producers under the U.S.-Chile Free Trade Agreement, the U.S.-Singapore Free Trade Agreement, and the U.S.-Morocco Free Trade Agreement are contained in Part 10, Subparts H, I, and M of this chapter, respectively. </P>
                    </SECTION>
                </REGTEXT>
                <REGTEXT TITLE="19" PART="163">
                    <PART>
                        <HD SOURCE="HED">PART 163—RECORDKEEPING </HD>
                    </PART>
                    <AMDPAR>6. The authority citation for Part 163 continues to read as follows: </AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>5 U.S.C. 301; 19 U.S.C. 66, 1484, 1508, 1509, 1510, 1624. </P>
                    </AUTH>
                    <STARS/>
                </REGTEXT>
                <REGTEXT TITLE="19" PART="163">
                    <AMDPAR>7. Section 163.1(a)(2) is amended by re-designating paragraph (a)(2)(ix) as (a)(2)(x) and adding a new paragraph (ix) to read as follows: </AMDPAR>
                    <SECTION>
                        <SECTNO>§ 163.1 </SECTNO>
                        <SUBJECT>Definitions. </SUBJECT>
                        <P>* * *</P>
                        <P>(a) Records— </P>
                        <P>* * * </P>
                        <P>(2) Activities * * * </P>
                        <P>(ix) The maintenance of any documentation that the importer may have in support of a claim for preferential tariff treatment under the United States-Morocco Free Trade Agreement (MFTA), including a MFTA importer's declaration. </P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <REGTEXT TITLE="19" PART="163">
                    <AMDPAR>8. The Appendix to Part 163 is amended by adding a new listing under section IV in numerical order to read as follows: </AMDPAR>
                    <HD SOURCE="HD1">Appendix to Part 163—Interim (a)(1)(A) List </HD>
                    <EXTRACT>
                        <STARS/>
                        <P>IV. * * * </P>
                        <FP>§ 10.765 MFTA records that the importer may have in support of a MFTA claim for preferential tariff treatment, including an importer's declaration. </FP>
                    </EXTRACT>
                    <STARS/>
                </REGTEXT>
                <REGTEXT TITLE="19" PART="178">
                    <PART>
                        <HD SOURCE="HED">PART 178—APPROVAL OF INFORMATION COLLECTION REQUIREMENTS </HD>
                    </PART>
                    <AMDPAR>9. The authority citation for Part 178 continues to read as follows: </AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>
                            5 U.S.C. 301; 19 U.S.C. 1624; 44 U.S.C. 3501 
                            <E T="03">et seq.</E>
                        </P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="19" PART="178">
                    <AMDPAR>10. Section 178.2 is amended by adding new listings “§§ 10.763 and 10.764” to the table in numerical order to read as follows: </AMDPAR>
                    <SECTION>
                        <SECTNO>§ 178.2 </SECTNO>
                        <SUBJECT>Listing of OMB control numbers. </SUBJECT>
                        <GPOTABLE COLS="3" OPTS="L1,tp0,i1" CDEF="s50,r100,15">
                            <TTITLE>  </TTITLE>
                            <BOXHD>
                                <CHED H="1">19 CFR Section </CHED>
                                <CHED H="1">Description </CHED>
                                <CHED H="1">OMB control No. </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="22">  </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         * </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">§§ 10.763 and 10.764</ENT>
                                <ENT>Claim for preferential tariff treatment under the U.S.-Morocco Free Trade Agreement</ENT>
                                <ENT>1651-0117 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22">  </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         * </ENT>
                            </ROW>
                        </GPOTABLE>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <NAME>Deborah J. Spero,</NAME>
                    <TITLE>Acting Commissioner, U.S. Customs and Border Protection. </TITLE>
                    <NAME>Timothy E. Skud, </NAME>
                    <TITLE>Deputy Assistant Secretary of the Treasury. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 07-3153 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 9111-14-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE TREASURY </AGENCY>
                <SUBAGY>Internal Revenue Service </SUBAGY>
                <CFR>26 CFR Part 1 </CFR>
                <DEPDOC>[TD 9329] </DEPDOC>
                <RIN>RIN 1545-BF16 </RIN>
                <SUBJECT>Guidance Necessary to Facilitate Business Electronic Filing and Burden Reduction; Correction </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Internal Revenue Service (IRS), Treasury. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final regulations; correction. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        This document contains a correction to final regulations (TD 9329) that were published in the 
                        <E T="04">Federal Register</E>
                         on Thursday, June 14, 2007 (72 FR 32794) affecting taxpayers that file Federal income tax returns. They simplify, clarify, or eliminate reporting burdens and also eliminate regulatory impediments to the electronic filing of certain statements that taxpayers are required to include on or with their Federal income tax returns. 
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The correction is effective June 29, 2007. </P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Grid Glyer, (202) 622-7930 (not a toll-free number). </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P> </P>
                <HD SOURCE="HD1">Background </HD>
                <P>The final regulations that are the subject of the correction are under sections 302, 331, 332, 338, 351, 355, 368, 381, 382, 1081, 1221, 1502, 1563, and 6012 of the Internal Revenue Code. </P>
                <HD SOURCE="HD1">Need for Correction </HD>
                <P>
                    As published, final regulations (TD 9329) contain an error that may prove to 
                    <PRTPAGE P="35659"/>
                    be misleading and is in need of clarification. 
                </P>
                <HD SOURCE="HD1">Correction of Publication </HD>
                <P>Accordingly, the publication of the final regulations (TD 9329), which were the subject of FR Doc. E7-11148, is corrected as follows: </P>
                <P>On page 32794, in the document heading, the language “RIN 1545-BF26” is corrected to read “RIN 1545-BF16”. </P>
                <SIG>
                    <NAME>LaNita Van Dyke, </NAME>
                    <TITLE>Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration).</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12590 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4830-01-P </BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF LABOR </AGENCY>
                <SUBAGY>Mine Safety and Health Administration </SUBAGY>
                <CFR>30 CFR Part 3 </CFR>
                <SUBJECT>OMB Control Numbers Under the Paperwork Reduction Act </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Mine Safety and Health Administration (MSHA), Labor. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule; technical amendment. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This technical amendment updates MSHA's listing of Office of Management and Budget (OMB) control numbers for the Agency's standards and regulations. MSHA is prohibited from conducting a collection of information unless the Agency displays a currently valid OMB control number. This consolidated listing assists the public in searching for current MSHA standards and regulations that include information collection, recordkeeping, and reporting requirements approved by OMB under the Paperwork Reduction Act of 1995. </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">EFFECTIVE DATE:</HD>
                    <P>June 29, 2007. </P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Patricia W. Silvey, Director; Office of Standards, Regulations, and Variances, MSHA at 
                        <E T="03">silvey.patricia@dol.gov</E>
                         (E-mail); 202-693-9440 (Voice); 202-693-9441 (Facsimile). 
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>MSHA first consolidated the listing of OMB control numbers in a final rule published on June 29, 1995 (60 FR 33719). This action codified the OMB control numbers for MSHA standards and regulations in one location to assist the public in quickly determining whether OMB has approved a specific information collection requirement. Table 1 in 30 CFR 3.1 displays the OMB control number for each section containing a requirement for the collection, reporting, recordkeeping, or dissemination of information. </P>
                <P>
                    MSHA is prohibited from conducting a collection of information unless it displays a currently valid OMB control number and informs potential responders that they are not required to respond unless the collection of information displays a currently valid OMB control number. By publishing this list, MSHA is following the recommendation of OMB pursuant to 5 CFR 1320.3(f)(3) and 1320.5(b)(2)(ii)(C) that, even where an agency has already provided the above information “in a manner reasonably calculated to inform the public,” the agency should also “publish such information along with a table or codified section of OMB control numbers to be included in the 
                    <E T="03">Code of Federal Regulations.</E>
                    ” 
                </P>
                <P>This revision updates MSHA's current list of OMB control numbers to include new control numbers approved by OMB for standards and regulations completed since the last update and any changes made through the renewal of previously issued OMB control numbers. </P>
                <P>Information collection requirements go through the public review process, including notice and comment, as part of the rule to which they apply. Likewise, the renewal of an OMB control number also requires public review. As a result, MSHA finds that it is unnecessary to have further public notice and comment and that, therefore, there is “good cause” under 5 U.S.C. 553(b)(B) of the Administrative Procedure Act (APA) to issue this technical amendment to Table 1 in 30 CFR part 3 without prior public notice and comment. </P>
                <P>MSHA also determined that it is unnecessary to delay the effective date. This technical amendment contains no new requirements for which the public would need time to plan compliance, beyond that provided for in the regulation itself. MSHA finds, therefore, that there is “good cause” to except this action from the 30-day delayed effective date requirement under 5 U.S.C. 553(d)(3) of the APA. </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 30 CFR Part 3 </HD>
                    <P>Mine safety and health, Reporting and recordkeeping requirements.</P>
                </LSTSUB>
                <SIG>
                    <DATED> Dated: June 25, 2007. </DATED>
                    <NAME>John A. Pallasch, </NAME>
                    <TITLE>Deputy Assistant Secretary for Mine Safety and Health.</TITLE>
                </SIG>
                <REGTEXT TITLE="30" PART="3">
                    <AMDPAR>
                        Accordingly, under the authority of 30 U.S.C. 957, chapter I of title 30, 
                        <E T="03">Code of Federal Regulations</E>
                         is amended as set forth below. 
                    </AMDPAR>
                    <PART>
                        <HD SOURCE="HED">PART 3—[AMENDED] </HD>
                    </PART>
                    <AMDPAR>1. The authority citation for part 3 continues to read as follows: </AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>30 U.S.C. 957; 44 U.S.C. 3501-3520. </P>
                        <P>2. Amend § 3.1 by revising Table 1 to read as follows: </P>
                    </AUTH>
                    <SECTION>
                        <SECTNO>§ 3.1 </SECTNO>
                        <SUBJECT>OMB control numbers. </SUBJECT>
                        <STARS/>
                        <GPOTABLE COLS="2" OPTS="L2,i1" CDEF="s25,18">
                            <TTITLE>Table 1.—OMB Control Numbers </TTITLE>
                            <BOXHD>
                                <CHED H="1">30 CFR Citation </CHED>
                                <CHED H="1">OMB Control No. </CHED>
                            </BOXHD>
                            <ROW EXPSTB="01" RUL="s">
                                <ENT I="21">
                                    <E T="02">Subchapter B—Testing, Evaluation, and Approval of Mining Products</E>
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="00">
                                <ENT I="01">6.10 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.3 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.4 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.6 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.7 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.23 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.27 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.28 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.29 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.30 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.43 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.46 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.47 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.48 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.49 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.51 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.63 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.69 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.71 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.83 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.90 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.97 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.105 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.303 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.306 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.309 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.311 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.403 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.407 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.408 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">7.409 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">15.4 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">15.8 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">18.6 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">18.15 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">18.53 </ENT>
                                <ENT>1219-0066, -0116 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">18.81 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">18.82 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">18.93 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">18.94 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">19.3 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">19.13 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">20.3 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">20.14 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">22.4 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">22.11 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">23.3 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">23.14 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">27.4 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">27.6 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">27.11 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">28.10 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">28.25 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">28.30 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">28.31 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">33.6 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">33.12 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">35.6 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">35.12 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">36.6 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <PRTPAGE P="35660"/>
                                <ENT I="01">36.12 </ENT>
                                <ENT>1219-0066 </ENT>
                            </ROW>
                            <ROW EXPSTB="01" RUL="s">
                                <ENT I="21">
                                    <E T="02">Subchapter G—Filing and Other Administrative Requirements</E>
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="00">
                                <ENT I="01">40.3 </ENT>
                                <ENT>1219-0042 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">40.4 </ENT>
                                <ENT>1219-0042 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">40.5 </ENT>
                                <ENT>1219-0042 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">41.20 </ENT>
                                <ENT>1219-0042 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">43.4 </ENT>
                                <ENT>1219-0014 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">43.7 </ENT>
                                <ENT>1219-0014 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">44.9 </ENT>
                                <ENT>1219-0065 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">44.10 </ENT>
                                <ENT>1219-0065 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">44.11 </ENT>
                                <ENT>1219-0065 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">45.3 </ENT>
                                <ENT>1219-0040 </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="01">45.4 </ENT>
                                <ENT>1219-0040 </ENT>
                            </ROW>
                            <ROW EXPSTB="01" RUL="s">
                                <ENT I="21">
                                    <E T="02">Subchapter H—Education and Training</E>
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="00">
                                <ENT I="01">46.3 </ENT>
                                <ENT>1219-0131 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">46.5 </ENT>
                                <ENT>1219-0131 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">46.6 </ENT>
                                <ENT>1219-0131 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">46.7 </ENT>
                                <ENT>1219-0131 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">46.8 </ENT>
                                <ENT>1219-0131 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">46.9 </ENT>
                                <ENT>1219-0131 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">46.11 </ENT>
                                <ENT>1219-0131 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">47.31 </ENT>
                                <ENT>1219-0133 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">47.32(a)(4) </ENT>
                                <ENT>1219-0133 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">47.41 </ENT>
                                <ENT>1219-0133 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">47.51 </ENT>
                                <ENT>1219-0133 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">47.71 </ENT>
                                <ENT>1219-0133 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">47.73 </ENT>
                                <ENT>1219-0133 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">48.3 </ENT>
                                <ENT>1219-0009, -0141 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">48.9 </ENT>
                                <ENT>1219-0009 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">48.23 </ENT>
                                <ENT>1219-0009 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">48.29 </ENT>
                                <ENT>1219-0009 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">49.2 </ENT>
                                <ENT>1219-0078 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">49.3 </ENT>
                                <ENT>1219-0078 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">49.4 </ENT>
                                <ENT>1219-0078 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">49.6 </ENT>
                                <ENT>1219-0078 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">49.7 </ENT>
                                <ENT>1219-0078 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">49.8 </ENT>
                                <ENT>1219-0078 </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="01">49.9 </ENT>
                                <ENT>1219-0078 </ENT>
                            </ROW>
                            <ROW EXPSTB="01" RUL="s">
                                <ENT I="21">
                                    <E T="02">Subchapter I—Accidents, Injuries, Illnesses, Employment, and Production in Mines</E>
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="00">
                                <ENT I="01">50.10 </ENT>
                                <ENT>1219-0007, -0141 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">50.11 </ENT>
                                <ENT>1219-0007 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">50.20 </ENT>
                                <ENT>1219-0007 </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="01">50.30 </ENT>
                                <ENT>1219-0007 </ENT>
                            </ROW>
                            <ROW EXPSTB="01" RUL="s">
                                <ENT I="21">
                                    <E T="02">Subchapter K—Metal and Nonmetal Mine Safety and Health</E>
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="00">
                                <ENT I="01">56.1000 </ENT>
                                <ENT>1219-0042 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">56.3203(a) </ENT>
                                <ENT>1219-0121 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">56.5005 </ENT>
                                <ENT>1219-0048 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">56.13015 </ENT>
                                <ENT>1219-0089 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">56.13030 </ENT>
                                <ENT>1219-0089 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">56.14100 </ENT>
                                <ENT>1219-0089 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">56.18002 </ENT>
                                <ENT>1219-0089 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">56.19022 </ENT>
                                <ENT>1219-0034 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">56.19023 </ENT>
                                <ENT>1219-0034 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">56.19057 </ENT>
                                <ENT>1219-0049 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">56.19121 </ENT>
                                <ENT>1219-0034 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.1000 </ENT>
                                <ENT>1219-0042 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.3203(a) </ENT>
                                <ENT>1219-0121 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.3461 </ENT>
                                <ENT>1219-0097 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.5005 </ENT>
                                <ENT>1219-0048 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.5037 </ENT>
                                <ENT>1219-0003 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.5040 </ENT>
                                <ENT>1219-0003 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.5047 </ENT>
                                <ENT>1219-0039 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.5060 </ENT>
                                <ENT>1219-0135 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.5065 </ENT>
                                <ENT>1219-0135 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.5066 </ENT>
                                <ENT>1219-0135 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.5067 </ENT>
                                <ENT>1219-0135 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.5070 </ENT>
                                <ENT>1219-0135 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.5071 </ENT>
                                <ENT>1219-0135 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.5075 </ENT>
                                <ENT>1219-0135 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.8520 </ENT>
                                <ENT>1219-0016 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.8525 </ENT>
                                <ENT>1219-0016 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.11053 </ENT>
                                <ENT>1219-0046 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.13015 </ENT>
                                <ENT>1219-0089 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.13030 </ENT>
                                <ENT>1219-0089 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.14100 </ENT>
                                <ENT>1219-0089 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.18002 </ENT>
                                <ENT>1219-0089 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.19022 </ENT>
                                <ENT>1219-0034 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.19023 </ENT>
                                <ENT>1219-0034 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.19057 </ENT>
                                <ENT>1219-0049 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.19121 </ENT>
                                <ENT>1219-0034 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.22004(c) </ENT>
                                <ENT>1219-0103 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.22204 </ENT>
                                <ENT>1219-0030 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.22229 </ENT>
                                <ENT>1219-0103 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.22230 </ENT>
                                <ENT>1219-0103 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.22231 </ENT>
                                <ENT>1219-0103 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.22239 </ENT>
                                <ENT>1219-0103 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">57.22401 </ENT>
                                <ENT>1219-0096 </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="01">57.22606 </ENT>
                                <ENT>1219-0095 </ENT>
                            </ROW>
                            <ROW EXPSTB="01" RUL="s">
                                <ENT I="21">
                                    <E T="02">Subchapter M—Uniform Mine Health Regulations</E>
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="00">
                                <ENT I="01">62.110 </ENT>
                                <ENT>1219-0120 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">62.130 </ENT>
                                <ENT>1219-0120 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">62.170 </ENT>
                                <ENT>1219-0120 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">62.171 </ENT>
                                <ENT>1219-0120 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">62.172 </ENT>
                                <ENT>1219-0120 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">62.173 </ENT>
                                <ENT>1219-0120 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">62.174 </ENT>
                                <ENT>1219-0120 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">62.175 </ENT>
                                <ENT>1219-0120 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">62.180 </ENT>
                                <ENT>1219-0120 </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="01">62.190 </ENT>
                                <ENT>1219-0120 </ENT>
                            </ROW>
                            <ROW EXPSTB="01" RUL="s-">
                                <ENT I="21">
                                    <E T="02">Subchapter O—Coal Mine Safety and Health</E>
                                </ENT>
                            </ROW>
                            <ROW EXPSTB="00">
                                <ENT I="01">70.201(c) </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">70.202(b) </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">70.204 </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">70.209 </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">70.210 </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">70.220 </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">71.201(c) </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">71.202(b) </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">71.204 </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">71.209 </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">71.210 </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">71.220 </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">71.300 </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">71.301 </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">71.403 </ENT>
                                <ENT>1219-0024 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">71.404 </ENT>
                                <ENT>1219-0024 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">72.500 </ENT>
                                <ENT>1219-0124 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">72.503 </ENT>
                                <ENT>1219-0124 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">72.510 </ENT>
                                <ENT>1219-0124 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">72.520 </ENT>
                                <ENT>1219-0124 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.100 </ENT>
                                <ENT>1219-0127 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.153(a)(2) </ENT>
                                <ENT>1219-0001 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.155 </ENT>
                                <ENT>1219-0127 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.159 </ENT>
                                <ENT>1219-0127 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.160 </ENT>
                                <ENT>1219-0127 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.161 </ENT>
                                <ENT>1219-0127 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.204(a) </ENT>
                                <ENT>1219-0121 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.215 </ENT>
                                <ENT>1219-0004 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.220 </ENT>
                                <ENT>1219-0004 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.221 </ENT>
                                <ENT>1219-0004 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.222 </ENT>
                                <ENT>1219-0004 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.223 </ENT>
                                <ENT>1219-0004 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.310 </ENT>
                                <ENT>1219-0088 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.312 </ENT>
                                <ENT>1219-0088 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.342 </ENT>
                                <ENT>1219-0088 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.350 </ENT>
                                <ENT>1219-0138 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.351 </ENT>
                                <ENT>1219-0088, -0116, -0138 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.352 </ENT>
                                <ENT>1219-0138 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.360 </ENT>
                                <ENT>1219-0088 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.361 </ENT>
                                <ENT>1219-0088 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.362 </ENT>
                                <ENT>1219-0088 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.363 </ENT>
                                <ENT>1219-0088 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.364 </ENT>
                                <ENT>1219-0088 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.370 </ENT>
                                <ENT>1219-0088 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.371 </ENT>
                                <ENT>1219-0088, -0138 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.372 </ENT>
                                <ENT>1219-0073 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.373 </ENT>
                                <ENT>1219-0073 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.382 </ENT>
                                <ENT>1219-0088 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.512 </ENT>
                                <ENT>1219-0116 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.703-3 </ENT>
                                <ENT>1219-0116 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.800-4 </ENT>
                                <ENT>1219-0116 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.820 </ENT>
                                <ENT>1210-0116 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.821 </ENT>
                                <ENT>1219-0116 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.900-4 </ENT>
                                <ENT>1219-0116 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1001-1 </ENT>
                                <ENT>1219-0116 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1100-3 </ENT>
                                <ENT>1219-0054 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1103-8 </ENT>
                                <ENT>1219-0054 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1103-11 </ENT>
                                <ENT>1219-0054 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1200 </ENT>
                                <ENT>1219-0073 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1200-1 </ENT>
                                <ENT>1219-0073 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1201 </ENT>
                                <ENT>1219-0073 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1202 </ENT>
                                <ENT>1219-0073 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1202-1 </ENT>
                                <ENT>1219-0073 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1203 </ENT>
                                <ENT>1219-0073 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1204 </ENT>
                                <ENT>1219-0073 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1204-1 </ENT>
                                <ENT>1219-0073 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1321 </ENT>
                                <ENT>1219-0025 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1327 </ENT>
                                <ENT>1219-0025 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1400-2 </ENT>
                                <ENT>1219-0034 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1400-4 </ENT>
                                <ENT>1219-0034 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1432 </ENT>
                                <ENT>1219-0034 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1433 </ENT>
                                <ENT>1219-0034 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1501 </ENT>
                                <ENT>1219-0054 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1502 </ENT>
                                <ENT>1219-0054, -0141 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1504 </ENT>
                                <ENT>1219-0141 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1505 </ENT>
                                <ENT>1219-0141 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1702 </ENT>
                                <ENT>1219-0041 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1712-4 </ENT>
                                <ENT>1219-0024 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1712-5 </ENT>
                                <ENT>1219-0024 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1713-1 </ENT>
                                <ENT>1219-0078 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1714-3(e) </ENT>
                                <ENT>1219-0044 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1714-4 </ENT>
                                <ENT>1219-0044 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1714-5 </ENT>
                                <ENT>1219-0141 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1714-8 </ENT>
                                <ENT>1219-0141 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1716 </ENT>
                                <ENT>1219-0020 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1716-1 </ENT>
                                <ENT>1219-0020 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1716-3 </ENT>
                                <ENT>1219-0020 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1721 </ENT>
                                <ENT>1219-0073 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1901 </ENT>
                                <ENT>1219-0119 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1904 </ENT>
                                <ENT>1219-0119 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1911 </ENT>
                                <ENT>1219-0119 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1912 </ENT>
                                <ENT>1219-0119 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1914 </ENT>
                                <ENT>1219-0119 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">75.1915 </ENT>
                                <ENT>1219-0119, -0124 </ENT>
                            </ROW>
                            <ROW>
                                <PRTPAGE P="35661"/>
                                <ENT I="01">77.100 </ENT>
                                <ENT>1219-0127 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.103(a)(2) </ENT>
                                <ENT>1219-0001 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.105 </ENT>
                                <ENT>1219-0127 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.106 </ENT>
                                <ENT>1219-0127 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.107 </ENT>
                                <ENT>1219-0127 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.107-1 </ENT>
                                <ENT>1219-0127 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.215 </ENT>
                                <ENT>1219-0015 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.215-2 </ENT>
                                <ENT>1219-0015 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.215-3 </ENT>
                                <ENT>1219-0015 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.215-4 </ENT>
                                <ENT>1219-0015 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.216-2 </ENT>
                                <ENT>1219-0015 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.216-3 </ENT>
                                <ENT>1219-0015 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.216-4 </ENT>
                                <ENT>1219-0015 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.216-5 </ENT>
                                <ENT>1219-0015 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.502 </ENT>
                                <ENT>1219-0116 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.800-2 </ENT>
                                <ENT>1219-0116 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.900-2 </ENT>
                                <ENT>1219-0116 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.1000 </ENT>
                                <ENT>1219-0026 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.1000-1 </ENT>
                                <ENT>1219-0026 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.1101 </ENT>
                                <ENT>1219-0051 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.1200 </ENT>
                                <ENT>1219-0073 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.1201 </ENT>
                                <ENT>1219-0073 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.1202 </ENT>
                                <ENT>1219-0073 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.1404 </ENT>
                                <ENT>1219-0034 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.1432 </ENT>
                                <ENT>1219-0034 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.1433 </ENT>
                                <ENT>1219-0034 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.1702 </ENT>
                                <ENT>1219-0078 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.1713 </ENT>
                                <ENT>1219-0083 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.1900 </ENT>
                                <ENT>1219-0019 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.1901 </ENT>
                                <ENT>1219-0082 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.1906 </ENT>
                                <ENT>1219-0034 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">77.1909-1 </ENT>
                                <ENT>1219-0025 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">90.201(c) </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">90.202(b) </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">90.204 </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">90.209 </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">90.220 </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">90.300 </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">90.301 </ENT>
                                <ENT>1219-0011 </ENT>
                            </ROW>
                        </GPOTABLE>
                    </SECTION>
                </REGTEXT>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12578 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4510-43-P </BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF VETERANS AFFAIRS </AGENCY>
                <CFR>38 CFR Part 21 </CFR>
                <RIN>RIN 2900-AK80 </RIN>
                <SUBJECT>Veterans and Dependents Education: Topping-Up Tuition Assistance; Licensing and Certification Tests; Duty To Assist Education Claimants; Correction </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Department of Veterans Affairs. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Correcting amendment. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Department of Veterans Affairs (VA) published a document in the 
                        <E T="04">Federal Register</E>
                         on April 5, 2007 (72 FR 16962), amending the regulations governing various aspects of the education programs that VA administers. That document contained several technical errors: reference to two subparts that were not specifically identified, incorrect words used to identify the individuals eligible for a particular program of educational assistance, and incorrect references when citing to other provisions of VA's regulations. This document corrects those errors. 
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Effective Date:</E>
                         June 29, 2007. 
                    </P>
                    <P>
                        <E T="03">Applicability Dates:</E>
                         The corrections to § 21.4131(a)(ii) and (d) (concerning educational assistance for licensing and certification tests) are applied retroactively to March 1, 2001. The corrections to §§ 21.7075 and 21.7142(b) (concerning “tuition assistance top-up”) are applied retroactively to October 30, 2000. These accord with the applicability dates stated under DATES at 72 FR 16962 for provisions with those respective subject matters. 
                    </P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Diane M. Walters, Management and Program Analyst, Education Service, Veterans Benefits Administration, Department of Veterans Affairs (225C), 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461-9849. (This is not a toll-free telephone number.) </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    On April 5, 2007, VA published a document in the 
                    <E T="04">Federal Register</E>
                     (72 FR 16962) amending its education regulations to implement VA's authority under the Veterans Benefits and Health Care Improvement Act of 2000, the Veterans Claims Assistance Act of 2000, and the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001. In part, these Acts provided educational assistance under the Survivors' and Dependents' Educational Assistance Program (DEA), the Post-Vietnam Era Veterans' Educational Assistance Program, and the Montgomery GI Bill-Active Duty for the cost of taking tests for licensure or certification. 
                </P>
                <P>In subpart D, in the introductory text of § 21.4131, we made reference to subparts C and G, but in subsequent paragraphs (a)(2)(ii) and (d)(2)(ii), we referred to “this subpart” rather than identifying the applicable subparts. This document corrects that error by specifying “subpart G” in paragraph (a)(2)(ii) and “subpart C” in paragraph (d)(2)(ii). </P>
                <P>In § 21.4131(d), in describing individuals eligible for DEA, the provisions of § 21.4131(d) introductory text properly refer to “a person eligible to receive educational assistance under 38 U.S.C. chapter 35” and in § 21.4131(d)(1)(i) properly refer to “the eligible person”, but when amending § 21.4131(d)(2) we twice incorrectly referred instead to “the veteran or servicemember”, even though individuals eligible for DEA need not have had any military service. This document corrects that error by referring instead to “the eligible person” in the first instance and “he or she” in the second instance. </P>
                <P>When revising § 21.7075, a typographical error occurred in the last sentence of § 21.7075, in the cross-reference citation. This document corrects that error by removing “§ 21.7076(b)(11)” and replacing it with “§ 21.7076(b)(10)”. </P>
                <P>Lastly, when revising § 21.7142, we mistakenly in § 21.7142(b)(5)(ii) cited to the wrong paragraphs. This document corrects that error by removing “paragraph (a)(1) or (a)(2)” and replacing it with “paragraph (b)(1) or (b)(2)”. </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 38 CFR Part 21 </HD>
                    <P>Administrative practice and procedure, Armed forces, Civil rights, Claims, Colleges and universities, Conflict of interests, Education, Employment, Grant programs—education, Grant programs—veterans, Health care, Loan programs—education, Loan programs—veterans, Manpower training programs, Reporting and recordkeeping requirements, Schools, Travel and transportation expenses, Veterans, Vocational education, Vocational rehabilitation.</P>
                </LSTSUB>
                <SIG>
                    <DATED>Approved: June 25, 2007. </DATED>
                    <NAME>Robert C. McFetridge, </NAME>
                    <TITLE>Assistant to the Secretary for Regulation Policy and Management.</TITLE>
                </SIG>
                <REGTEXT TITLE="38" PART="21">
                    <AMDPAR>For the reasons set out in the preamble, VA is correcting 38 CFR part 21 (subparts D and K) as set forth below: </AMDPAR>
                    <PART>
                        <HD SOURCE="HED">PART 21—VOCATIONAL REHABILITATION AND EDUCATION </HD>
                        <SUBPART>
                            <HD SOURCE="HED">Subpart D—Administration of Educational Assistance Programs </HD>
                        </SUBPART>
                    </PART>
                    <AMDPAR>1. The authority citation for part 21, subpart D continues to read as follows: </AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>10 U.S.C. 2141 note, ch. 1606; 38 U.S.C. 501(a), chs. 30, 32, 34, 35, 36, and as noted in specific sections. </P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="38" PART="21">
                    <AMDPAR>2. Amend § 21.4131 by: </AMDPAR>
                    <AMDPAR>a. In paragraph (a)(2)(ii), removing “this subpart” and adding, in its place, “subpart G”. </AMDPAR>
                    <AMDPAR>b. In paragraph (d)(2) introductory text, removing “veteran or servicemember” and adding, in its place, “eligible person”. </AMDPAR>
                    <AMDPAR>c. In paragraph (d)(2)(ii), removing “the veteran or servicemember” and adding, in its place, “he or she” and removing “this subpart” and adding, in its place, “subpart C”. </AMDPAR>
                </REGTEXT>
                <REGTEXT TITLE="38" PART="21">
                    <SUBPART>
                        <PRTPAGE P="35662"/>
                        <HD SOURCE="HED">Subpart K—All Volunteer Force Educational Assistance Program (Montgomery GI Bill—Active Duty) </HD>
                    </SUBPART>
                    <AMDPAR>3. The authority citation for part 21, subpart K continues to read as follows: </AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>38 U.S.C. 501(a), chs. 30, 36, and as noted in specific sections. </P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="38" PART="21">
                    <SECTION>
                        <SECTNO>§ 21.7075 </SECTNO>
                        <SUBJECT>[Amended] </SUBJECT>
                    </SECTION>
                    <AMDPAR>4. Amend § 21.7075 by removing “§ 21.7076(b)(11)” and adding, in its place, § 21.7076(b)(10)”. </AMDPAR>
                </REGTEXT>
                <REGTEXT TITLE="38" PART="21">
                    <SECTION>
                        <SECTNO>§ 21.7142 </SECTNO>
                        <SUBJECT>[Amended] </SUBJECT>
                    </SECTION>
                    <AMDPAR>5. Amend § 21.7142(b)(5)(ii) by removing “paragraph (a)(1) or (a)(2)” and adding, in its place, “paragraph (b)(1) or (b)(2)”. </AMDPAR>
                </REGTEXT>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12589 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 8320-01-P </BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">POSTAL SERVICE </AGENCY>
                <CFR>39 CFR Part 955 </CFR>
                <SUBJECT>Rules of Practice Before the Board of Contract Appeals </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Postal Service. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service is amending its rules regarding small claims (expedited) and accelerated proceedings before the Board of Contract Appeals. </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">EFFECTIVE DATE:</HD>
                    <P>June 29, 2007. </P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Diane M. Mego, (703) 812-1905. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The John Warner National Defense Authorization Act for Fiscal Year 2007 (109 Pub. L. 364, 120 Stat. 2083 (Oct. 17, 2006)) amended the Contract Disputes Act to require boards of contract appeals to provide a procedure for the disposition of an appeal from a small business concern when the amount in dispute is $150,000 or less. This rule amends 39 CFR part 955 to conform to the statutory change and to make other technical changes to the Small Claims (Expedited) and Accelerated procedure rules before the Board. </P>
                <P>These revisions are a statutorily mandated change in agency rules of procedure and make other technical changes to the Board's rules of procedure that do not substantially affect any rights or obligations of private parties. Therefore, it is appropriate for their adoption by the Postal Service to become effective immediately. </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 39 CFR Part 955 </HD>
                    <P>Administrative practice and procedure, Contract Disputes Act of 1978, Postal Service.</P>
                </LSTSUB>
                <REGTEXT TITLE="39" PART="955">
                    <AMDPAR>Accordingly, the Postal Service adopts amendments to 39 CFR part 955 as specifically set forth below: </AMDPAR>
                    <PART>
                        <HD SOURCE="HED">PART 955—[AMENDED] </HD>
                    </PART>
                    <AMDPAR>1. The authority citation for part 955 continues to read as follows: </AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>39 U.S.C. 204, 401; 41 U.S.C. 607, 608. </P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="39" PART="955">
                    <AMDPAR>2. Section 955.13 is revised to read as follows: </AMDPAR>
                    <SECTION>
                        <SECTNO>§ 955.13 </SECTNO>
                        <SUBJECT>Optional Small Claims (Expedited) and Accelerated Procedures. </SUBJECT>
                        <P>
                            (a) 
                            <E T="03">The SMALL CLAIMS (EXPEDITED) Procedure.</E>
                             (1) The SMALL CLAIMS (EXPEDITED) procedure is available solely at the election of the appellant. Such election requires decision of the appeal, whenever possible, within 120 days after the Board receives written notice of the appellant's election to utilize this procedure. 
                        </P>
                        <P>(2) The appellant may elect this procedure when </P>
                        <P>(i) There is a monetary amount in dispute and that amount is $50,000 or less, or </P>
                        <P>(ii) There is a monetary amount in dispute and that amount is $150,000 or less and the appellant is a small business concern (as that term is defined in the Small Business Act and regulations promulgated under the Act). </P>
                        <P>(3) In cases proceeding under the SMALL CLAIMS (EXPEDITED) procedure, the respondent shall send the Board a copy of the contract, the contracting officer's final decision, and the appellant's claim letter or letters, if any, within ten days from the respondent's first receipt from either the appellant or the Board of a copy of the appellant's notice of election of the SMALL CLAIMS (EXPEDITED) procedure. If either party requests an oral hearing in accordance with § 955.9, the Board shall promptly schedule such a hearing for a mutually convenient time consistent with administrative due process and the 120-day limit for a decision, at a place determined under § 955.18. If a hearing is not requested by either party, the appeal shall be deemed to have been submitted under § 955.12 without a hearing. </P>
                        <P>(4) Promptly after receipt of the appellant's election of the SMALL CLAIMS (EXPEDITED) procedure, the Board shall establish a schedule of proceedings that will allow for the timely resolution of the appeal. Pleadings, discovery, and other prehearing activities may be restricted or eliminated at the Board's discretion as necessary to enable the Board to decide the appeal within 120 days after the Board has received the appellant's notice of election of the SMALL CLAIMS (EXPEDITED) procedure. In so doing, the Board may reserve whatever time up to 30 days it considers necessary for preparation of the decision. </P>
                        <P>(5) Written decision by the Board in cases processed under the SMALL CLAIMS (EXPEDITED) procedure will be short and contain only summary findings of fact and conclusions. Decisions will be rendered for the Board by a single Administrative Judge. If there has been a hearing, the Administrative Judge presiding at the hearing may, in his or her discretion, at the conclusion of the hearing and after entertaining such oral arguments as he or she deems appropriate, render on the record oral summary findings of fact, conclusions of law, and a decision of the appeal. Whenever such an oral decision is rendered, the Board will subsequently furnish the parties a printed copy of such oral decision for the record and payment purposes and for the establishment of the commencement date of the period for filing a motion for reconsideration under § 955.30. </P>
                        <P>(6) Decisions of the Board under the SMALL CLAIMS (EXPEDITED) procedure will not be published, will have no value as precedents, and in the absence of fraud, cannot be appealed. </P>
                        <P>
                            (b) 
                            <E T="03">The ACCELERATED Procedure.</E>
                             (1) This procedure is available solely at the election of the appellant and shall apply only to appeals where there is a monetary amount in dispute and the amount in dispute is $100,000 or less. Such election requires decision of the appeal, whenever possible, within 180 days after the Board receives written notice of the appellant's election to utilize this procedure. 
                        </P>
                        <P>(2) Promptly after receipt of the appellant's election of the ACCELERATED procedure, the Board shall establish a schedule of proceedings that will allow for the timely resolution of the appeal. The Board, in its discretion, may shorten time periods prescribed elsewhere in these Rules as necessary to enable the Board to decide the appeal within 180 days after the Board has received the appellant's notice of election of the ACCELERATED procedure. </P>
                        <P>
                            (3) Written decisions by the Board in cases processed under the ACCELERATED procedure will normally be short and contain only summary findings of fact and 
                            <PRTPAGE P="35663"/>
                            conclusions. Decisions will be rendered for the Board by a single Administrative Judge with the concurrence of the Chairman or Vice Chairman or other designated Administrative Judge, or by a majority among these two and an additional designated member in case of disagreement. In cases where the amount in dispute is $50,000 or less and in which there has been a hearing, the single Administrative Judge presiding at the hearing may, with the concurrence of both parties, convert the appeal to a SMALL CLAIMS (EXPEDITED) proceeding and at the conclusion of the hearing, after entertaining such oral arguments as he or she deems appropriate, render on the record oral summary findings of fact, conclusions of law, and a decision of the appeal. Whenever such an oral decision is rendered, the Board will subsequently furnish the parties a printed copy of such oral decision for record and payment purposes and to establish the date of commencement of the period for filing a motion for reconsideration under § 955.30. 
                        </P>
                        <P>(c) At the request of Respondent, or on its own initiative, the Board may determine whether the amount in dispute and/or the appellant's status make the election of the SMALL CLAIMS (EXPEDITED) procedure or the ACCELERATED procedure inappropriate. </P>
                        <P>
                            (d) 
                            <E T="03">Motions for Reconsideration in Cases Arising Under § 955.13.</E>
                             Motions for reconsideration of cases decided under either the SMALL CLAIMS (EXPEDITED) procedure or the ACCELERATED procedure need not be decided within the time periods prescribed by this § 955.13 for the initial decision of the appeal, but all such motions shall be processed and decided rapidly so as to fulfill the intent of this section. 
                        </P>
                        <P>(e) Except as herein modified, the rules of this part 955 otherwise apply in all aspects. </P>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <NAME>Stanley F. Mires, </NAME>
                    <TITLE>Chief Counsel, Legislative.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12491 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 7710-12-P </BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 51</CFR>
                <SUBJECT>Requirements for Preparation, Adoption, and Submittal of Implementation Plans</SUBJECT>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HD2">CFR Correction</HD>
                <P>In Title 40 of the Code of Federal Regulations, Parts 50 to 51, revised as of July 1, 2006, in Appendix S to Part 51, on page 483, reinstate paragraph II.A.4(iii) to read as follows:</P>
                <APPENDIX>
                    <HD SOURCE="HED">Appendix S to Part 51—Emission Offset Interpretative Ruling</HD>
                    <STARS/>
                    <P>II.* * *</P>
                    <P>A.* * *</P>
                    <P>4.* * *</P>
                    <P>(iii) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this ruling whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:</P>
                    <P>
                        (
                        <E T="03">a</E>
                        ) Coal cleaning plants (with thermal dryers);
                    </P>
                    <P>
                        (
                        <E T="03">b</E>
                        ) Kraft pulp mills;
                    </P>
                    <P>
                        (
                        <E T="03">c</E>
                        ) Portland cement plants;
                    </P>
                    <P>
                        (
                        <E T="03">d</E>
                        ) Primary zinc smelters;
                    </P>
                    <P>
                        (
                        <E T="03">e</E>
                        ) Iron and steel mills;
                    </P>
                    <P>
                        (
                        <E T="03">f</E>
                        ) Primary aluminum ore reduction plants;
                    </P>
                    <P>
                        (
                        <E T="03">g</E>
                        ) Primary copper smelters;
                    </P>
                    <P>
                        (
                        <E T="03">h</E>
                        ) Municipal incinerators capable of charging more than 250 tons of refuse per day;
                    </P>
                    <P>
                        (
                        <E T="03">i</E>
                        ) Hydrofluoric, sulfuric, or nitric acid plants;
                    </P>
                    <P>
                        (
                        <E T="03">j</E>
                        ) Petroleum refineries;
                    </P>
                    <P>
                        (
                        <E T="03">k</E>
                        ) Lime plants;
                    </P>
                    <P>
                        (
                        <E T="03">l</E>
                        ) Phosphate rock processing plants;
                    </P>
                    <P>
                        (
                        <E T="03">m</E>
                        ) Coke oven batteries;
                    </P>
                    <P>
                        (
                        <E T="03">n</E>
                        ) Sulfur recovery plants;
                    </P>
                    <P>
                        (
                        <E T="03">o</E>
                        ) Carbon black plants (furnace process);
                    </P>
                    <P>
                        (
                        <E T="03">p</E>
                        ) Primary lead smelters;
                    </P>
                    <P>
                        (
                        <E T="03">q</E>
                        ) Fuel conversion plants;
                    </P>
                    <P>
                        (
                        <E T="03">r</E>
                        ) Sintering plants;
                    </P>
                    <P>
                        (
                        <E T="03">s</E>
                        ) Secondary metal production plants;
                    </P>
                    <P>
                        (
                        <E T="03">t</E>
                        ) Chemical process plants;
                    </P>
                    <P>
                        (
                        <E T="03">u</E>
                        ) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;
                    </P>
                    <P>
                        (
                        <E T="03">v</E>
                        ) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;
                    </P>
                    <P>
                        (
                        <E T="03">w</E>
                        ) Taconite ore processing plants;
                    </P>
                    <P>
                        (
                        <E T="03">x</E>
                        ) Glass fiber processing plants;
                    </P>
                    <P>
                        (
                        <E T="03">y</E>
                        ) Charcoal production plants;
                    </P>
                    <P>
                        (
                        <E T="03">z</E>
                        ) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;
                    </P>
                    <P>
                        (
                        <E T="03">aa</E>
                        ) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act.
                    </P>
                    <STARS/>
                </APPENDIX>
            </SUPLINF>
            <FRDOC>[FR Doc. 07-55507 Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 1505-01-D</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="F">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 63</CFR>
                <SUBJECT>National Emission Standards for Hazardous Air Pollutants for Source Categories</SUBJECT>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HD2">CFR Correction</HD>
                <P>In Title 40 of the Code of Federal Regulations, Part 63 (§§ 63.600 to 63.1199), revised as of July 1, 2006, in § 63.1103, paragraph (e)(2), on page 547, in alphabetical order, add the definition of “Organic HAP” to read as follows:</P>
                <SECTION>
                    <SECTNO>§ 63.1103</SECTNO>
                    <SUBJECT>Source category-specific applicability, definitions, and requirements.</SUBJECT>
                    <STARS/>
                    <P>(e)* * *</P>
                    <P>(2)* * *</P>
                    <P>
                        <E T="03">Organic HAP</E>
                         means the compounds listed in Table 1 to subpart XX of this part.
                    </P>
                    <STARS/>
                </SECTION>
            </SUPLINF>
            <FRDOC>[FR Doc. 07-55506 Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 1505-01-D</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 170</CFR>
                <SUBJECT>Worker Protection Standard</SUBJECT>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HD2">CFR Correction</HD>
                <P>In Title 40 of the Code of Federal Regulations, Parts 150 to 189, revised as of July 1, 2006, in § 170.112, on page 212, paragraph (a)(1) is corrected to read as follows:</P>
                <SECTION>
                    <SECTNO>§ 170.112</SECTNO>
                    <SUBJECT>Entry restrictions.</SUBJECT>
                    <P>(a) * * * (1) After the application of any pesticide on an agricultural establishment, the agricultural employer shall not allow or direct any worker to enter or to remain in the treated area before the restricted-entry interval specified on the pesticide labeling has expired, except as provided in this section.</P>
                    <STARS/>
                </SECTION>
            </SUPLINF>
            <FRDOC>[FR Doc. 07-55508 Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 1505-01-D</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 180</CFR>
                <DEPDOC>[EPA-HQ-OPP-2002-0043; FRL-8131-3]</DEPDOC>
                <SUBJECT>Pesticide Tolerance Nomenclature Changes; Technical Amendment</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <PRTPAGE P="35664"/>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule; technical amendment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This document removes duplicate entries in terminology of certain commodity terms listed under 40 CFR part 180, subpart C. EPA is taking this action to establish a uniform listing of commodity terms.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This Final Rule is effective on June 29, 2007.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        EPA has established a docket for this action under docket identification (ID) number EPA-HQ-OPP-2002-0043. All documents in the docket are listed in the index for the docket. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at 
                        <E T="03">http://www.regulations.gov</E>
                        , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is (703) 305-5805.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Stephen Schaible, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 308-9362; fax number: (703) 305-6920; e-mail address: 
                        <E T="03">schaible.stephen@epa.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. General Information</HD>
                <HD SOURCE="HD2">A. Does this Action Apply to Me?</HD>
                <P>You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to:</P>
                <P>• Crop production (NAICS code 111), e.g., agricultural workers; greenhouse, nursery, and floriculture workers; farmers.</P>
                <P>• Animal production (NAICS code 112), e.g., cattle ranchers and farmers, dairy cattle farmers, livestock farmers.</P>
                <P>• Food manufacturer (NAICS code 311), e.g., agricultural workers; farmers; greenhouse, nursery, and floriculture workers; ranchers; pesticide applicators.</P>
                <P>• Pesticide manufacturer (NAICS code 32532), e.g., agricultural workers; commercial applicators; farmers; greenhouse, nursery, and floriculture workers; residential users.</P>
                <P>
                    This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                    .
                </P>
                <HD SOURCE="HD2">B. How Can I Access Electronic Copies of this Document?</HD>
                <P>
                    In addition to accessing an electronic copy of this 
                    <E T="04">Federal Register</E>
                     document through the electronic docket at 
                    <E T="03">http://www.regulations.gov</E>
                    , you may access this 
                    <E T="04">“Federal Register</E>
                    ” document electronically through the EPA Internet under the 
                    <E T="04">“Federal Register”</E>
                     listings at 
                    <E T="03">http://www.epa.gov/fedrgstr</E>
                    . You may also access a frequently updated electronic version of 40 CFR part 180 through the Government Printing Office's pilot e-CFR site at 
                    <E T="03">http://www.gpoaccess.gov/ecfr</E>
                    .
                </P>
                <HD SOURCE="HD1">II. Background</HD>
                <HD SOURCE="HD2">A. What Action is the Agency Taking?</HD>
                <P>In this rule, EPA is removing certain duplicate tolerance entries listed under 40 CFR part 180, subpart C, as follows:</P>
                <P>1. In § 180.106, in the table to paragraph (a), EPA is removing one of the two duplicate entries for “Rye, forage.”</P>
                <P>2. In § 180.111, in the table to paragraph (a)(1), EPA is removing the entry for “Almond, shells” at 50 ppm. A tolerance is established for the appropriate commodity term “Almond, hulls” at 50 ppm.</P>
                <P>3. In § 180.121, in the table to paragraph (e), EPA is removing one of the two duplicate entries for “Peach.”</P>
                <P>4. In § 180.163, in the table to paragraph (a), EPA is removing the entry for “Hay, spearmint” at 25 ppm. A tolerance is established for the appropriate commodity term “Spearmint, tops” at 25 ppm.</P>
                <P>5. In § 180.220, in the table to paragraph (a)(1), EPA is removing one of the two duplicate entries for “Wheat, straw.”</P>
                <P>6. In § 180.213, in the table to paragraph (a)(1), EPA is removing the entry for “Alfalfa” at 15 ppm. Tolerances are established for the appropriate commodities “Alfalfa, forage” at 15 ppm and “Alfalfa, hay” at 15 ppm.</P>
                <P>7. In § 180.213, in the table to paragraph (a)(1) EPA is making the following changes:</P>
                <P>i. EPA is removing the entry for “Bermuda grass” at 15 ppm. Tolerances are established for the appropriate commodities “Bermudagrass, forage” at 15 ppm and “Bermudagrass, hay” at 15 ppm.</P>
                <P>ii. EPA is also removing the entry for “Grass” at 15 ppm. Tolerances are established for the appropriate commodities “Grass, forage” at 15 ppm and “Grass, hay” at 15 ppm.</P>
                <P>8. In § 180.227, in the table to paragraph (a)(1), EPA is making the following changes:</P>
                <P>i. EPA is removing the entry for “Corn, forage” at 0.05 ppm. A tolerance is established for the appropriate commodity “Corn, field, forage” at 3.0 ppm.</P>
                <P>ii. EPA is also removing the entry for “Corn, stover” at 0.5 ppm. Tolerances are established for the appropriate commodities “Corn, field, stover” at 3.0 ppm and “Corn, pop, stover” at 3.0 ppm.</P>
                <P>9. In § 180.253, in the table to paragraph (a), EPA is removing one of the two duplicate entries for “Rye, forage.”</P>
                <P>10. In § 180.324, in the table to paragraph (a)(1), EPA is removing one of the two duplicate entries for “Corn, field, stover.”</P>
                <P>11. In § 180.408, in the table to paragraph (a), EPA is removing one of the two duplicate entries for “Peanut, hay;” in the table to paragraph (d) EPA is removing one of two identical entries for “Oat, straw;” and “Wheat, straw.”</P>
                <P>12. In § 180.462, the table to paragraph (a), EPA is removing the entry for “Corn, forage”.</P>
                <P>13. In § 180.484, the table to paragraph (a)(1), EPA is removing the entry for “Goat, milk“; “Hog, milk” and “Horse, milk” at 0.05 ppm. A tolerance is established for the appropriate commodity “Milk”at 0.05 ppm.</P>
                <HD SOURCE="HD2">B. Why is this Technical Amendment Issued as a Final Rule?</HD>
                <P>
                    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause for making today's technical 
                    <PRTPAGE P="35665"/>
                    amendment final without prior proposal and opportunity for comment. A complete description of the types of changes that are being made has been provided above. EPA has determined that there is no need for public comment on such ministerial changes and thus that there is good cause under 5 U.S.C. 553(b)(B) for dispensing with public comment. While EPA believes that it has correctly identified all instances where these above-listed revisions need to be made, the Agency would appreciate readers notifying EPA of discrepancies, omissions, or technical problems by submitting them to the address or e-mail under 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                    . These will be corrected in a future rule.
                </P>
                <HD SOURCE="HD1">III. Statutory and Executive Order Reviews</HD>
                <P>
                    This final rule makes technical amendments to the Code of Federal Regulations which have no substantive impact on the underlying regulations, and it does not otherwise impose or amend any requirements. As such, the Office of Management and Budget (OMB) has determined that a technical amendment is not a “significant regulatory action” subject to review by OMB under Executive Order 12866, entitled 
                    <E T="03">Regulatory Planning and Review</E>
                     (58 FR 51735, October4, 1993). Because this final rule has been exempted from review under Executive Order 12866 due to its lack of significance, this final rule is not subject to Executive Order 13211, 
                    <E T="03">Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use</E>
                     (66 FR 28355, May 22, 2001). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor does it require any special considerations under Executive Order 12898, entitled 
                    <E T="03">Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations</E>
                     (59 FR 7629, February 16, 1994); or OMB review or any Agency action under Executive Order 13045, entitled 
                    <E T="03">Protection of Children from Environmental Health Risks and Safety Risks</E>
                     (62 FR 19885, April 23,1997). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d)(15 U.S.C. 272 note). The Regulatory Flexibility Act (RFA) (5 U.S.C. 601et seq.) 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 will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental organizations. After considering the economic impacts of today's final rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This action makes technical amendments to the Code of Federal Regulations which have no substantive impact on the underlying regulations. This technical amendment will not have any negative economic impact on any entities, including small entities. In addition, the Agency has determined that this action will not have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled 
                    <E T="03">Federalism</E>
                     (64 FR 43255, August 10, 1999). Executive Order 13132 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”is 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 directly regulates growers, food processors, food handlers and food retailers, not States. This action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of the FFDCA. For these same reasons, the Agency has determined that this final rule does not have any “tribal implications” as described in Executive Order 13175, entitled 
                    <E T="03">Consultation and Coordination with Indian Tribal Governments</E>
                     (65 FR 67249, November 6, 2000). Executive Order 13175, 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.” “Policies that have tribal implications” isdefined in the Executive Order to include regulations that have“substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and the Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.” This final rule will not have substantial direct effects on tribal governments, 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, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this final rule.
                </P>
                <HD SOURCE="HD1">IV. Congressional Review Act</HD>
                <P>
                    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 the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule 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 this final rule in the 
                    <E T="04">Federal Register</E>
                    . This final rule is not a “major rule” as defined by 5 U.S.C. 804(2).
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">Lists of Subjects in 40 CFR Part 180</HD>
                    <P>Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pest, Reporting and recordkeeping requirements.</P>
                </LSTSUB>
                <SIG>
                    <DATED>Dated: June 15, 2007.</DATED>
                    <NAME>Debra Edwards,</NAME>
                    <TITLE>Director, Office of Pesticide Programs.</TITLE>
                </SIG>
                <REGTEXT TITLE="40" PART="180">
                    <AMDPAR>Therefore, 40 CFR chapter I, part 180 is amended as follows:</AMDPAR>
                    <PART>
                        <HD SOURCE="HED">PART 180</HD>
                        —[AMENDED]
                    </PART>
                    <AMDPAR>1. The authority citation for part 180 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>21 U.S.C. 321(q), 346a, and 371.</P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="40" PART="180">
                    <AMDPAR>2. Part 180 is amended as follows:</AMDPAR>
                    <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="s15,r20,r40">
                        <BOXHD>
                            <CHED H="1">In Section</CHED>
                            <CHED H="1"> In paragraph</CHED>
                            <CHED H="1">Remove the entry</CHED>
                        </BOXHD>
                        <ROW RUL="s">
                            <ENT I="01" O="xl">180.111</ENT>
                            <ENT O="xl">(a)(1) table</ENT>
                            <ENT>Almonds, shells</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <PRTPAGE P="35666"/>
                            <ENT I="01" O="xl">180.163</ENT>
                            <ENT O="xl">(a) table</ENT>
                            <ENT>Hay, spearmint</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="01" O="xl">180.213</ENT>
                            <ENT O="xl">(a)(1) table</ENT>
                            <ENT>Alfalfa</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="01" O="xl">180.213</ENT>
                            <ENT O="xl">(a)(1) table</ENT>
                            <ENT>Bermuda grass</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="01" O="xl">180.213</ENT>
                            <ENT O="xl">(a)(1) table</ENT>
                            <ENT>Grass</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="01" O="xl">180.227</ENT>
                            <ENT O="xl">(a)(1) table</ENT>
                            <ENT>Corn, forage</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="01" O="xl">180.227</ENT>
                            <ENT O="xl">(a)(1) table</ENT>
                            <ENT>Corn, stover</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="01" O="xl">180.462</ENT>
                            <ENT O="xl">(a) table</ENT>
                            <ENT>Corn, forage</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="01" O="xl">180.484</ENT>
                            <ENT O="xl">(a)(1) table</ENT>
                            <ENT>Goat, milk</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="01" O="xl">180.484</ENT>
                            <ENT O="xl">(a)(1) table</ENT>
                            <ENT>Hog, milk</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01" O="xl">180.484</ENT>
                            <ENT O="xl">(a)(1) table</ENT>
                            <ENT>Horse, milk</ENT>
                        </ROW>
                    </GPOTABLE>
                </REGTEXT>
                <REGTEXT TITLE="40" PART="180">
                    <SECTION>
                        <SECTNO>§ 180.106</SECTNO>
                        <SUBJECT>[Amended]</SUBJECT>
                    </SECTION>
                    <AMDPAR>3. In § 180.106 the table to paragraph (a)(1), by removing one of the two entries for “Rye, forage.”</AMDPAR>
                </REGTEXT>
                <REGTEXT TITLE="40" PART="180">
                    <SECTION>
                        <SECTNO>§ 180.121</SECTNO>
                        <SUBJECT>[Amended]</SUBJECT>
                    </SECTION>
                    <AMDPAR>4. In § 180.121, the table to paragraph (e), by removing one of the two entries for “Peach.”</AMDPAR>
                </REGTEXT>
                <REGTEXT TITLE="40" PART="180">
                    <SECTION>
                        <SECTNO>§ 180.220</SECTNO>
                        <SUBJECT>[Amended]</SUBJECT>
                    </SECTION>
                    <AMDPAR>5. In § 180.220, the table to paragraph (a)(1), by removing one of the two entries for “Wheat, straw.”</AMDPAR>
                </REGTEXT>
                <REGTEXT TITLE="40" PART="180">
                    <SECTION>
                        <SECTNO>§ 180.253</SECTNO>
                        <SUBJECT>[Amended]</SUBJECT>
                    </SECTION>
                    <AMDPAR>6. In § 180.253, the table to paragraph (a), by removing one of the two entries for “Rye, forage.”</AMDPAR>
                </REGTEXT>
                <REGTEXT TITLE="40" PART="180">
                    <SECTION>
                        <SECTNO>§ 180.324</SECTNO>
                        <SUBJECT>[Amended]</SUBJECT>
                    </SECTION>
                    <AMDPAR>7. In § 180.324, the table to paragraph (a)(1), by removing one of the two entries for “Corn, field, stover.”</AMDPAR>
                </REGTEXT>
                <REGTEXT TITLE="40" PART="180">
                    <SECTION>
                        <SECTNO>§ 180.408</SECTNO>
                        <SUBJECT>[Amended]</SUBJECT>
                    </SECTION>
                    <AMDPAR>8. In § 180.408, the table to paragraph (a), by removing one of the two entries for “Peanut, hay;” and in the table to paragraph (d) by removing one of the two entries for “Oat, straw;” and one of the two entries for “Wheat, straw.”</AMDPAR>
                </REGTEXT>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12645 Filed 6-28-07; 8:45 a.m.]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-S</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="F">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 273</CFR>
                <SUBJECT>Standards for Universal Waste Management</SUBJECT>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HD2">CFR Correction</HD>
                <P>In Title 40 of the Code of Federal Regulations, Parts 266 to 299, revised as of July 1, 2006, in § 273.9, on page 463, in alphabetical order, reinstate the definition of “On-site” to read as follows:</P>
                <SECTION>
                    <SECTNO>§ 273.9</SECTNO>
                    <SUBJECT>Definitions.</SUBJECT>
                    <STARS/>
                    <P>
                        <E T="03">On-site</E>
                         means the same or geographically contiguous property which may be divided by public or private right-of-way, provided that the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right of way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, are also considered on-site property.
                    </P>
                    <STARS/>
                </SECTION>
            </SUPLINF>
            <FRDOC>[FR Doc. 07-55505 Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 1505-01-D</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">NATIONAL AERONAUTICS AND SPACE ADMINISTRATION </AGENCY>
                <CFR>48 CFR Part 1816 </CFR>
                <RIN>RIN 2700-AD33 </RIN>
                <SUBJECT>Award Fee Administrative Changes </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Aeronautics and Space Administration. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This final rule makes administrative changes to the NASA FAR Supplement (NFS) to clarify the requirements for award fee evaluation factors and to add a requirement for a documented cost/benefit analysis when an award fee contract is used. </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">EFFECTIVE DATE:</HD>
                    <P>This rule is effective June 29, 2007. </P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Tom O'Toole, NASA, Office of Procurement, Contract Management Division (Suite 5J86); (202) 358-0478; e-mail: 
                        <E T="03">thomas.otoole@nasa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">A. Background </HD>
                <P>The Government Accountability Office (GAO) report entitled “NASA Procurement: Use of Award Fees for Achieving Program Outcomes Should Be Improved” (GAO-07-58), dated January 2007, included recommendations for improving NASA award fee policy. The GAO recommended that NASA require cost/benefit analysis documentation when using an award fee contract and also recommended that NASA reemphasize the importance of tying award fee criteria to desired outcomes and limiting the number of evaluation subfactors. NASA agreed with both GAO recommendations, and is revising the NFS accordingly. </P>
                <P>This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This interim rule is not a major rule under 5 U.S.C. 804. </P>
                <HD SOURCE="HD1">B. Regulatory Flexibility Act </HD>
                <P>
                    The Regulatory Flexibility Act does not apply to this final rule. This final rule does not constitute a significant revision within the meaning of FAR 1.501 and Public Law 98-577, and publication for public comment is not required. However, NASA will consider comments from small entities concerning the affected NFS coverage in accordance with 5 U.S.C. 610. Interested parties should cite 5 U.S.C. 601, 
                    <E T="03">et seq.</E>
                    , in correspondence. 
                </P>
                <HD SOURCE="HD1">C. Paperwork Reduction Act </HD>
                <P>
                    The Paperwork Reduction Act (Pub. L. 104-13) is not applicable because the NFS changes do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, 
                    <E T="03">et seq.</E>
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 48 CFR Part 1816 </HD>
                    <P>Government procurement.</P>
                </LSTSUB>
                <SIG>
                    <NAME>Sheryl Goddard, </NAME>
                    <TITLE>Acting Assistant Administrator for Procurement. </TITLE>
                </SIG>
                  
                <REGTEXT TITLE="48" PART="1816">
                    <AMDPAR>Accordingly, 48 CFR part 1816 is amended as follows: </AMDPAR>
                    <PART>
                        <HD SOURCE="HED">PART 1816—TYPES OF CONTRACTS </HD>
                    </PART>
                    <AMDPAR>1. The authority citation for 48 CFR part 1816 continues to read as follows: </AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>42 U.S.C. 2473(c)(1).</P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="48" PART="1816">
                    <AMDPAR>2. Revise paragraph (a) of section 1816.405-270 to read as follows: </AMDPAR>
                    <SECTION>
                        <SECTNO>1816.405-270</SECTNO>
                        <SUBJECT>CPAF contracts. </SUBJECT>
                        <P>
                            (a) Use of an award fee incentive shall be approved in writing by the procurement officer. The procurement officer's approval shall include a discussion of the other types of 
                            <PRTPAGE P="35667"/>
                            contracts considered and shall indicate why an award fee incentive is the appropriate choice, including evidence that any additional administrative effort and cost required to monitor and evaluate performance are justified by the expected benefits (see FAR 16.405-2(b)(1)(iii)). Award fee incentives should not be used on contracts with a total estimated cost and fee less than $2 million per year. The procurement officer may authorize use of award fee for lower-valued acquisitions, but should do so only in exceptional situations, such as contract requirements having direct health or safety impacts, where the judgmental assessment of the quality of contractor performance is critical. 
                        </P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <REGTEXT TITLE="48" PART="1816">
                    <AMDPAR>3. Revise paragraph (a) of section 1816.405-274 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>816.405-274 </SECTNO>
                        <SUBJECT>Award fee evaluation factors. </SUBJECT>
                        <P>(a) Explicit evaluation factors shall be established for each award fee period. Factors should be tied to desired outcomes. If used, subfactors should be limited to the minimum necessary to ensure a thorough evaluation and an effective incentive. </P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12656 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 7510-01-P </BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <CFR>50 CFR Part 679</CFR>
                <DEPDOC>[Docket No. 070213032-7032-01]</DEPDOC>
                <RIN>RIN 0648-XB12</RIN>
                <SUBJECT>Fisheries of the Economic Exclusive Zone Off Alaska; Deep-water Species Fishery by Catcher Processor Rockfish Cooperatives in the Gulf of Alaska</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Temporary rule; closure.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery for catcher processor rockfish cooperatives subject to sideboard limits established under the Central Gulf of Alaska (GOA) Rockfish Program in the GOA. This action is necessary because the 2007 Pacific halibut prohibited species catch (PSC) sideboard limit specified for the deep-water species fishery for catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the deep-water species fisheries.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2007, through 1200 hrs, A.l.t., July 31, 2007.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Jennifer Hogan, 907-586-7228.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.</P>
                <P>
                    The 2007 Pacific halibut PSC sideboard limit specified for the deep-water species fishery for catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is 8 metric tons as established by § 679.82(d), the 2007 and 2008 harvest specifications for groundfish of the GOA (72 FR 9676, March 5, 2007), and as posted as the Catcher Processor Sideboards at 
                    <E T="03">http://www.fakr.noaa.gov/sustainablefisheries/goarat/default.htm</E>
                    .
                </P>
                <P>In accordance with § 679.82(d)(9)(i)(B), the Administrator, Alaska Region, NMFS, has determined that the 2007 Pacific halibut PSC sideboard limit specified for the deep-water species fishery for catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the deep-water species fisheries. Consequently, NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery for catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA. Section 679.82(d)(4)(iii) lists the species and species groups that comprise the deep-water species fishery as deep-water flatfish, rex sole, and arrowtooth flounder.</P>
                <P>After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip.</P>
                <HD SOURCE="HD1">Classification</HD>
                <P>This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of the deep-water species fishery for catcher processor rockfish cooperatives subject to sideboard limits established under the Central GOA Rockfish Program in the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of June 25, 2007.</P>
                <P>The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.</P>
                <P>This action is required by § 679.82 and is exempt from review under Executive Order 12866.</P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>
                        16 U.S.C. 1801 
                        <E T="03">et seq.</E>
                    </P>
                </AUTH>
                <SIG>
                    <DATED>Dated: June 26, 2007.</DATED>
                    <NAME>Alan D. Risenhoover,</NAME>
                    <TITLE>Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12660 Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-S</BILCOD>
        </RULE>
    </RULES>
    <VOL>72</VOL>
    <NO>125</NO>
    <DATE>Friday, June 29, 2007</DATE>
    <UNITNAME>Proposed Rules</UNITNAME>
    <PRORULES>
        <PRORULE>
            <PREAMB>
                <PRTPAGE P="35668"/>
                <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE </AGENCY>
                <SUBAGY>Agricultural Marketing Service </SUBAGY>
                <CFR>7 CFR Part 51 </CFR>
                <DEPDOC>[Docket # AMS-FV-07-0002; FV-06-304] </DEPDOC>
                <SUBJECT>United States Standards for Grades of Table Grapes (European or Vinifera Type) </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Agricultural Marketing Service, USDA. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Withdrawal of proposed rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Agricultural Marketing Service (AMS) is withdrawing the document soliciting comments on its proposal to amend the voluntary United States Standards for Grades of Table Grapes (European or Vinifera Type). After reviewing and considering the comments received, the agency has decided not to proceed with this action. </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The proposed rule published at 71 FR 55367, Sept. 22, 2006 is withdrawn as of June 29, 2007. </P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Vincent J. Fusaro, Standardization Section, Fresh Products Branch, (202) 720-2185. The United States Standards for Grades of Table Grapes (European or Vinifera Type) are available by accessing the Fresh Products Branch Web site at: 
                        <E T="03">http://www.ams.usda.gov/standards/stanfrfv.htm</E>
                        . 
                    </P>
                    <HD SOURCE="HD1">Background </HD>
                    <P>AMS received petitions from the California Grape and Tree Fruit League and Western Growers Association, requesting a revision to the United States Standards for Grades of Table Grapes (European or Vinifera Type) to add an additional 10 percent allowance for shattered berries in consumer containers for shipments that are en route or at destination. The petitioners stated that a change, specific to consumer containers, was warranted as the majority of table grapes now being sold in consumer containers allow shattered berries to be fully utilized/sold. A consumer container refers to the individual consumer units of table grapes within a master container or lug, which are either marked for individual sale or unmarked; in clamshells, bags or other marketable individual units. The consumer units can be either sealed units or unsealed units within the master container. </P>
                    <P>
                        Prior to undertaking detailed work to develop a proposed revision to the standards, AMS published a document on January 24, 2006, in the 
                        <E T="04">Federal Register</E>
                         (71 FR 3818) soliciting comments on a proposal to revise the standards. Based on comments received, AMS published a second document on September 22, 2006, in the 
                        <E T="04">Federal Register</E>
                         (71 FR 55367) proposing to modify the standard by adding a 10 percent allowance for shattered grapes in consumer containers. 
                    </P>
                    <P>
                        AMS received fourteen timely comments from the table grape industry. The comments are available by accessing the AMS, Fresh Products Branch Web site at: 
                        <E T="03">http://www.ams.usda.gov/fv/fpbdocketlist.htm</E>
                        . 
                    </P>
                    <P>Twelve comments supported the proposal. Two were from regional agricultural trade associations; one comment was from a national table grape association, and nine comments were from members of an agricultural trade association representing growers, packers, shippers and exporters of table grapes. Each of these comments indicated that new improvements to consumer packaging resulted in less shrinkage and a more sellable product to consumers, and with this improvement, a revision of how shatter was scored as a defect was warranted. </P>
                    <P>Two comments opposed the proposal. One comment was received from a national trade association representing wholesale produce receivers, and one from a grower and shipper of table grapes. The receivers' association stated that they see no reason to provide a special allowance for shattered berries in consumer containers. They stated that the proposed allowance will enable more lower-quality product to qualify for the U.S. No. 1 grade. They also argued that the proposal actually allows 22 percent shatter at destination. The commentor, also noted that the percentage would be higher if the Perishable Agricultural Commodities Act (PACA) Good Delivery tolerances are taken into account. PACA tolerances may be taken into account when AMS resolves contract disputes under the PACA. The receiver's association also suggested that consumers view shattered grapes as unfit to eat and throw away such grapes instead of consuming them. </P>
                    <P>The comment received from the grower and shipper of table grapes opposing the revision stated that they did not feel that it was appropriate to change the current grade standards and thereby downgrade the industry's and consumers' perception of table grapes in general. They also proposed a new grade, “U.S. No. 1 High Shatter” as an alternative. However, the original proposal was for an additional allowance for en route or destination inspections only. Developing a new grade would have resulted in that grade needing to be applied at shipping point in order for it to be applied en route or at destination. Therefore, developing an additional grade will not be considered at this time. </P>
                    <P>The one request for an extension to the comment period was received from a receiver/wholesaler after the comment period had ended. AMS believed that extending the comment period would not facilitate resolution and would only prolong the current state of uncertainty. </P>
                    <P>AMS has reviewed all comments, noting strong arguments in both support and opposition of the proposal, and determined that there is not a clear consensus among industry. Therefore, AMS has decided not to proceed with this action. AMS will continue to work with interested parties regarding the subject of shattered berries. </P>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>7 U.S.C. 1621-1627. </P>
                    </AUTH>
                    <SIG>
                        <DATED>Dated: June 21, 2007. </DATED>
                        <NAME>Lloyd C. Day, </NAME>
                        <TITLE>Administrator, Agricultural Marketing Service.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12384 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 3410-02-P </BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <PRTPAGE P="35669"/>
                <AGENCY TYPE="N">DEPARTMENT OF ENERGY </AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission </SUBAGY>
                <CFR>18 CFR Part 157 </CFR>
                <DEPDOC>[Docket No. RM07-17-000] </DEPDOC>
                <SUBJECT>Revisions to Landowner Notification and Blanket Certificate Regulations </SUBJECT>
                <DATE>June 22, 2007. </DATE>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Energy Regulatory Commission, DOE. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of proposed rulemaking. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        On October 19, 2006, the Federal Energy Regulatory Commission (Commission) issued a Final Rule amending its regulations to expand the scope and scale of activities that may be undertaken pursuant to blanket certificate authority and clarifying that existing Commission policies permit natural gas companies to charge different rates to different classes of customers.
                        <SU>1</SU>
                        <FTREF/>
                         The Commission proposes to further amend its regulations to modify the landowner notification requirements and require a noise survey following the completion of projects involving compressor facilities undertaken pursuant to blanket certificate authority. The proposed regulatory revisions should enhance public participation in the Commission's consideration of proposed projects and ensure that compressor projects completed under blanket certificate authority will not have a significant adverse environmental impact. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>1</SU>
                             Order No. 686, 71 FR 63680 (October 31, 2006), FERC Stats &amp; Regs ¶ 31,231 (2006); 
                            <E T="03">Notice of Proposed Rulemaking</E>
                             (
                            <E T="03">NOPR</E>
                            ) 71 FR 36276 (June 26, 2006), FERC Stats. &amp; Regs. ¶ 32,606 (2006). An order on rehearing and clarification of the Final Rule in Docket No. RM06-7-001 is issued contemporaneously with this NOPR. 119 FERC ¶ 61,303 (2007). 
                        </P>
                    </FTNT>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments are due July 30, 2007. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments, identified by Docket No. RM07-17-000, by one of the following methods: </P>
                    <P>
                        <E T="03">Agency Web site:</E>
                          
                        <E T="03">http://ferc.gov.</E>
                         Follow the instructions for submitting comments via the eFiling link found in the Comment Procedures section of the Preamble. 
                    </P>
                    <P>
                        <E T="03">Mail:</E>
                         Commenters unable to file comments electronically must mail or hand deliver an original and 14 copies of their comments to: Federal Energy Regulatory Commission, Office of the Secretary, 888 First Street, NE., Washington, DC 20426. Refer to the Comment Procedures section of the preamble for additional information on how to file paper comments. 
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Gordon Wagner, Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, 
                        <E T="03">gordon.wagner@ferc.gov</E>
                        , (202) 502-8947. 
                    </P>
                    <P>
                        Michael McGehee, Office of Energy Projects, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, 
                        <E T="03">michael.mcgehee@ferc.gov</E>
                        , (202) 502-8962. 
                    </P>
                    <P>
                        Lonnie Lister, Office of Energy Projects, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, 
                        <E T="03">lonnie.lister@ferc.gov,</E>
                         (202) 502-8587. 
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">I. Introduction </HD>
                <P>
                    1. On October 19, 2006, the Federal Energy Regulatory Commission (Commission) issued a Final Rule amending its Part 157, Subpart F, regulations to expand the scope and scale of activities that may be undertaken pursuant to blanket certificate authority and clarifying that existing Commission policies permit natural gas companies to charge different rates to different classes of customers.
                    <SU>2</SU>
                    <FTREF/>
                     The Commission proposes to further amend its Part 157 regulations to modify the landowner notification requirements and require a noise survey following the completion of projects involving compressor facilities undertaken pursuant to blanket certificate authority. The proposed regulatory revisions are expected to enhance public participation in the Commission's consideration of proposed projects and ensure that compressor projects completed under blanket certificate authority will not have a significant adverse environmental impact. 
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Order No. 686, 71 FR 63680 (October 31, 2006), FERC Stats &amp; Regs ¶ 31,231 (2006); 
                        <E T="03">Notice of Proposed Rulemaking</E>
                         (
                        <E T="03">NOPR</E>
                        ) 71 FR 36276 (June 26, 2006), FERC Stats. &amp; Regs. ¶ 32,606 (2006). An order on rehearing and clarification of the Final Rule in Docket No. RM06-7-000 is issued contemporaneously with this NOPR. 119 FERC ¶ 61,303 (2007). 
                    </P>
                </FTNT>
                <HD SOURCE="HD1">II. Background </HD>
                <P>
                    2. The blanket certificate program relies on the presumption that any project permitted under blanket certificate authority will not have a significant adverse environmental impact. The Commission ensures that this is the case by restricting blanket certificate authority to certain types of facilities and to individual projects that can comply with a cost cap and the environmental requirements specified in § 157.206(b). Prior to the Final Rule's increase in the per project cost cap 
                    <SU>3</SU>
                    <FTREF/>
                     and the expansion of blanket certificate authority to cover compressor facilities that alter mainline capacity, blanket certificate authority was restricted to a limited set of compression facilities, 
                    <E T="03">e.g.</E>
                    , compressors on lateral pipelines, compressors installed temporarily, replacement compressors that could not qualify under § 2.55(b), and compressors needed to restore service lost due to sudden unforeseen damage to a mainline. 
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The Final Rule increased the blanket certificate project cost limits from $8,200,000 to $9,600,000 for automatic authorization projects and from $22,700,000 to $27,400,000 for prior notice projects. 
                    </P>
                </FTNT>
                <P>
                    3. A compressor project under the blanket certificate program is not subject to the same scrutiny and procedural safeguards that apply to a compressor project subject to case-specific NGA section 7 certificate authority. This is most pronounced with respect to a project that qualifies for automatic authorization under the blanket certificate regulations, in which case the Commission may remain unaware of the project's construction until a company submits an annual report of projects completed under automatic blanket certificate authority pursuant to § 157.207. Thus, in contrast to a proposal for case-specific certificate authority, for a project subject to blanket certificate authority, the Commission and public are not assured the same opportunity to assess aspects of the project such as what constitutes a noise sensitive area (NSA),
                    <SU>4</SU>
                    <FTREF/>
                     the prospective uses of property proximate to a compressor facility, habitat impacts on non-residential areas, whether a particular area has a heightened noise sensitivity that would merit a limit of less than 55 decibels (dBA), or the cumulative impacts resulting from modifying or expanding existing compressor facilities. 
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         In the case of a blanket certificate compressor project, the blanket certificate holder, rather than the Commission, determines what constitutes a potentially affected NSA. 
                    </P>
                </FTNT>
                <P>
                    4. As a result, whereas an individual assessment can be undertaken for each proposed case-specific compressor project in order to establish a noise level appropriate to the particular site, this is not the case for blanket certificate compressor projects. The more cursory standard of review necessary to expedite projects under the blanket certificate program, in conjunction with the expansion of the blanket certificate program, prompted the Commission to impose a stricter standard on the noise produced by blanket certificate compressor facilities. As proposed in 
                    <PRTPAGE P="35670"/>
                    the NOPR and implemented in the Final Rule,
                    <SU>5</SU>
                    <FTREF/>
                     the Commission stated that going forward, all compressor facilities constructed pursuant to blanket certificate authority must meet the standard day-night level (L
                    <E T="8142">dn</E>
                    ) limit of 55 dBA at the boundary of the compressor site. However, as discussed in the order on rehearing of the Final Rule issued contemporaneously with this NOPR,
                    <SU>6</SU>
                    <FTREF/>
                     the Commission is returning to the noise limit in place prior to the Final Rule, which requires that compressor facilities installed under blanket certificate authority be no louder than an L
                    <E T="8142">dn</E>
                     of 55 dBA at any existing pre-existing NSA.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         The revised blanket certificate regulations became effective on January 2, 2007. 
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         note 1. 
                    </P>
                </FTNT>
                <HD SOURCE="HD1">III. Proposed Regulatory Revisions </HD>
                <HD SOURCE="HD2">A. Landowner Notification </HD>
                <P>
                    5. Currently, a natural gas company that seeks to undertake a compressor project must notify all landowners 
                    <E T="03">with a residence</E>
                     within one-half mile of proposed compressors or their enclosures.
                    <SU>7</SU>
                    <FTREF/>
                     The Commission is concerned that this existing landowner notification requirement fails to capture all potentially affected landowners, because a compressor project could go forward without any notification to nearby landowners 
                    <E T="03">without a residence</E>
                     on their property. To guarantee that land use issues—including existing non-residential uses as well as future uses of undeveloped land—are adequately considered, the Commission proposes to revise § 157.6(d)(2)(iii), which defines “affected landowners” as: Owners of property interests, as noted in the most recent county/city tax records as receiving the tax notice, whose property, “[c]ontains a residence within one-half mile of proposed compressors or their enclosures.” The Commission proposes to omit the qualification that the property contain a residence to ensure that all landowners within one-half mile of a compressor site receive notice prior to construction, regardless of whether there is a residence on their property, and regardless of whether construction is undertaken pursuant to blanket or case-specific certificate authorization.
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         the landowner notification requirements, 18 CFR 157.203(d)(1) and (2), and the definition of affected landowners, 18 CFR 157.6(d)(2)(iii). 
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         This proposed revision of the 18 CFR 157.6(d)(2)(iii) notification condition will also apply to landowners within one-half mile of liquefied natural gas (LNG) facilities. 
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Noise Survey </HD>
                <P>
                    6. To verify compliance with the compressor noise limit, the Commission proposes to add a new § 157.206(b)(5)(ii) that will require a company installing compressor facilities under blanket certificate authority to submit a noise survey within 60 days of placing new facilities in service to demonstrate that noise attributable to the operation of the company's new compressor facilities does not exceed an L
                    <E T="52">dn</E>
                     of 55 dBA at any preexisting NSA.
                    <SU>9</SU>
                    <FTREF/>
                     A noise survey measures the noise at selected locations to quantify the existing noise environment by using a sound level meter, a dosimeter, or an integrating sound level meter over a specified timeframe. 
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         The existing 18 CFR 157.206(b)(5)(ii) describing noise attributable to drilling activities will remain unchanged, but will be redesignated as 18 CFR 157.206(b)(5)(iii). 
                    </P>
                </FTNT>
                <P>
                    7. The Commission concludes the above-described procedural modifications are necessary and sufficient to retain the expedited authorization available for blanket certificate projects while guaranteeing that compressor activities subject to the expanded blanket certificate program will not have significant adverse environmental impacts.
                    <SU>10</SU>
                    <FTREF/>
                     The Commission invites comments on these proposed regulatory revisions.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         Currently, companies must conduct and submit a noise survey for compressor projects completed under case-specific certificate authority. The proposed new 18 CFR 157.206(b)(5)(ii) would extend this same requirement to compressor projects completed under blanket certificate authority. Note that in the order on rehearing in Docket No. RM06-7-001 the Commission similarly seeks to harmonize requirements that apply to case-specific and blanket certificate compressor projects. 
                        <E T="03">See</E>
                         note 1. 
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Information Collection Statement </HD>
                <P>
                    8. The Office of Management and Budget (OMB) regulations require that OMB approve certain reporting, record keeping, and public disclosure requirements (collections of information) imposed by an agency.
                    <SU>11</SU>
                    <FTREF/>
                     Therefore, the Commission is providing notice of its proposed information collections to OMB for review in accordance with section 3507(d) of the Paperwork Reduction Act of 1995.
                    <SU>12</SU>
                    <FTREF/>
                     Upon approval of a collection of information, OMB will assign an OMB control number and an expiration date. The only entities affected by this rule would be the natural gas companies under the Commission's jurisdiction. 
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         5 CFR 1320.11. 
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         44 U.S.C. 3507(d). 
                    </P>
                </FTNT>
                <P>9. FERC-537, “Gas Pipeline Certificates: Construction, Acquisition and Abandonment,” identifies the Commission's information collections relating to Part 157 of its regulations, which apply to natural gas facilities for which authorization under NGA section 7 is required, and includes all blanket certificate projects. </P>
                <P>10. The proposed revisions to the Commission's regulations, as contained in the NOPR, and the resulting change in collections of information burdens, are as follows. Natural gas companies seeking to construct, add to, or modify compressor or LNG facilities must provide notice to all landowners within one-half mile of the boundary of the project site. Currently, gas companies undertaking such activities are required to provide notice to landowners within one-half mile of the boundary of the project site only if there is a residence on their property. </P>
                <P>
                    11. This proposed revision should have little impact on companies' notice procedures. Currently, companies are compelled to identify all landowners of record within one-half mile of the project site, and then notify the subset of landowners with a residence on their property. In addition, as applicable, a company is also required to provide the names and addresses of affected landowners to the Commission as part of Resource Report 1—General Project Description.
                    <SU>13</SU>
                    <FTREF/>
                     Extending the notice requirement to all landowners should require a nominal additional effort. In fact, it may be the case that distinguishing properties with residences from those without is more burdensome than simply notifying all identified landowners. In view of this, the Commission expects the time and cost to notify non-residential landowners will prove to be 
                    <E T="03">de minimis</E>
                    . 
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See</E>
                         18 CFR 380, Appendix A. 
                    </P>
                </FTNT>
                <P>
                    12. The Noise Control Act of 1972 established the requirement that all federal agencies administer their programs to promote an environment free of noise that jeopardizes public health and welfare.
                    <SU>14</SU>
                    <FTREF/>
                     In 1974, the U.S. Environmental Protection Agency, acting to execute its responsibility to coordinate federal research and activities related to noise control, identified an L
                    <E T="52">dn</E>
                     of 55 dBA as necessary to protect against speech interference and sleep disturbance for residential, educational, and healthcare NSAs. 
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         42 U.S.C. 4901, 
                        <E T="03">et seq.</E>
                    </P>
                </FTNT>
                <P>
                    13. The Commission proposes that a company installing compressor facilities under blanket certificate authority submit a noise survey within 60 days of placing new facilities in service to demonstrate that the noise attributable to the operation of the company's compressors does not exceed an L
                    <E T="52">dn</E>
                     of 55 dBA at pre-existing NSAs. The Commission does not view this proposal as substantially modifying natural gas companies' existing obligations, since 
                    <PRTPAGE P="35671"/>
                    the proposed submission of a noise survey simply provides verification of compliance with the existing noise requirement. This proposed noise survey requirement already applies to compressor projects subject to case-specific NGA section 7 certificate authority.
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         The potential cost savings to the industry that may be realized by enabling projects previously permitted only under case-specific authority to proceed under the expanded blanket certificate program were discussed in the Final Rule. With respect to the proposed noise survey, the Commission notes that case-specific projects require a noise survey both before and after construction. Thus, to some extent, the relatively minor cost of conducting a post-construction noise survey for a blanket certificate project will be offset by the benefit of not having to also conduct a noise survey before construction, as would be necessary for a case-specific certificate project. 
                    </P>
                </FTNT>
                <P>14. The Commission estimates it will require 32 hours to complete a noise survey, and expects the aggregate impact of the proposal to be modest, given that in 2006, two blanket certificate compressor projects were completed. For the purpose of estimating burden hours, the Commission anticipates five such projects in the future. </P>
                <GPOTABLE COLS="5" OPTS="L2,tp0,i1" CDEF="s50,12C,12C,12C,12C">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Data collection </CHED>
                        <CHED H="1">
                            Number of 
                            <LI>respondents </LI>
                        </CHED>
                        <CHED H="1">
                            Number of 
                            <LI>responses/</LI>
                            <LI>filings </LI>
                        </CHED>
                        <CHED H="1">
                            Number of hours per 
                            <LI>response </LI>
                        </CHED>
                        <CHED H="1">Total annual hours </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">FERC-537 (Part 157) </ENT>
                        <ENT>5 </ENT>
                        <ENT>5 </ENT>
                        <ENT>32 </ENT>
                        <ENT>160</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    <E T="03">Information Collection Costs:</E>
                     The above reflects the total reporting burden associated with the proposed broadening of the landowner notification requirement. Because of the regional differences and the various staffing levels that will be involved in preparing the documentation (legal, technical, and support) the Commission is using an hourly rate of $150 to estimate the costs for filing and other administrative processes (reviewing instructions, searching data sources, completing and transmitting the collection of information). The estimated cost is anticipated to be $3,360 per project, for a total of $24,000. 
                </P>
                <P>
                    <E T="03">Title:</E>
                     FERC-537. 
                </P>
                <P>
                    <E T="03">Action:</E>
                     Proposed Data Collection. 
                </P>
                <P>
                    <E T="03">OMB Control Nos.:</E>
                     1902-0060 and 1902-0128. 
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     Natural gas pipeline companies. 
                </P>
                <P>
                    <E T="03">Frequency of Responses:</E>
                     On occasion. 
                </P>
                <P>
                    <E T="03">Necessity of Information:</E>
                     Submission of the information is necessary for the Commission to carry out its NGA statutory responsibilities and meet the Commission's objectives of expediting appropriate infrastructure development to ensure sufficient energy supplies while addressing landowner and environmental concerns fairly. 
                </P>
                <P>
                    15. The Commission requests comments on the accuracy of the burden estimates, how the quality, quantity, and clarity of the information to be collected might be enhanced, and any suggested methods for minimizing the respondent's burden. Interested persons may obtain information on the reporting requirements or submit comments by contacting the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 (Attention: Michael Miller, Office of the Executive Director, 202-502-8415 or e-mail 
                    <E T="03">michael.miller@ferc.gov</E>
                    ). Comments may also be sent to the Office of Management and Budget (Attention: Desk Officer for the Federal Energy Regulatory Commission, fax: 202-395-7285 or e-mail: 
                    <E T="03">oira_submission@omb.eop.gov</E>
                    ). 
                </P>
                <HD SOURCE="HD1">V. Environmental Analysis </HD>
                <P>
                    16. The Commission is required to prepare an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) for any action that may have a significant adverse effect on the human environment.
                    <SU>16</SU>
                    <FTREF/>
                     In promulgating the blanket certificate program in 1982, the Commission prepared an EA in which it determined that, subject to compliance with the standard environmental conditions, projects under the blanket program would not have a significant environmental impact. As a result, the Commission determined that automatic authorization projects would be categorically excluded from the need for an EA or EIS under § 380.4 of the Commission's regulations. However, the Commission specified that prior notice projects should be subject to an environmental review to ensure each individual project would be environmentally benign, a requirement applicable to compression projects that would expand mainline capacity newly permitted under blanket certificate authority as a result of the Final Rule. 
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         Order No. 486, 
                        <E T="03">Regulations Implementing the National Environmental Policy Act</E>
                        , 52 FR 47897 (Dec. 17, 1987), FERC Stats. &amp; Regs., Regulations Preambles 1986-1990 ¶ 30,783 (1987). 
                    </P>
                </FTNT>
                <P>17. As discussed herein, the Commission is proposing to expand landowner notification and require the submission of a post-project noise survey for blanket certificate activities involving compressor facilities. Therefore, this proposed rule does not constitute a major federal action that may have a significant adverse effect on the human environment. </P>
                <HD SOURCE="HD1">VI. Regulatory Flexibility Act Analysis </HD>
                <P>
                    18. The Regulatory Flexibility Act of 1980 (RFA) 
                    <SU>17</SU>
                    <FTREF/>
                     generally requires a description and analysis of proposed regulations that will have significant economic impact on a substantial number of small entities. The Commission is not required to make such an analysis if proposed regulations would not have such an effect.
                    <SU>18</SU>
                    <FTREF/>
                     Under the industry standards used for purposes of the RFA, a natural gas pipeline company qualifies as “a small entity” if it has annual revenues of $6.5 million or less. Most companies regulated by the Commission do not fall within the RFA's definition of a small entity.
                    <SU>19</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         5 U.S.C. 601-612. 
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         5 U.S.C. 605(b) (2000). 
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         5 U.S.C. 601(3), citing to section 3 of the Small Business Act, 15 U.S.C. 623 (2000). Section 3 of the Small Business Act defines a “small-business concern” as a business which is independently owned and operated and which is not dominant in its field of operation. 
                    </P>
                </FTNT>
                <P>19. The procedural modifications proposed herein should have no significant economic impact on those entities—be they large or small—subject to the Commission's regulatory jurisdiction under NGA section 3 or 7, and no significant economic impact on state agencies. Accordingly, the Commission certifies that these proposed regulations, if promulgated, will not have a significant economic impact on a substantial number of small entities. </P>
                <HD SOURCE="HD1">VII. Public Comments</HD>
                <P>
                    20. The Commission invites interested persons to submit comments on the matters and issues proposed in this notice to be adopted, including any related matters or alternative proposals that commenters may wish to discuss. Comments are due by July 30, 2007. Comments must refer to Docket No. RM07-17-000, and must include the commenter's name and address, and if applicable, the organization represented. Comments may be filed either in electronic or paper format. The 
                    <PRTPAGE P="35672"/>
                    Commission encourages electronic filing. 
                </P>
                <P>
                    21. Comments may be filed electronically via the eFiling link on the Commission's Web site at 
                    <E T="03">http://www.ferc.gov</E>
                    . The Commission accepts most standard word processing formats and requests commenters to submit comments in a text-searchable format rather than a scanned image format. Commenters filing electronically do not need to make a paper filing. Commenters unable to file comments electronically must send an original and 14 copies of their comments to: Federal Energy Regulatory Commission, Office of the Secretary, 888 First Street, NE., Washington, DC 20426. 
                </P>
                <P>22. All comments will be placed in the Commission's public files and may be viewed, printed, or downloaded remotely as described in the Document Availability section below. Commenters on this proposal are not required to serve copies of their comments on other commenters. </P>
                <HD SOURCE="HD1">VIII. Document Availability </HD>
                <P>
                    23. In addition to publishing the full text of this document in the 
                    <E T="04">Federal Register</E>
                    , the Commission provides all interested persons an opportunity to view and print the contents of this document via the Internet through FERC's Web site (
                    <E T="03">http://www.ferc.gov</E>
                    ) and in FERC's Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426. User assistance is available for FERC's Web site during normal business hours from FERC's Online Support at 202-502-6652, toll free at 1-866-208-3676, or by e-mail at 
                    <E T="03">ferconlinesupport@ferc.gov</E>
                    , and from the Public Reference Room at 202-502-8371, TTY at 202-502-8659, or by e-mail at 
                    <E T="03">public.referenceroom@ferc.gov</E>
                    . 
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 18 CFR Part 157 </HD>
                    <P>Administrative practice and procedure, Natural gas, Reporting and recordkeeping requirements.</P>
                </LSTSUB>
                <SIG>
                    <P>By direction of the Commission. </P>
                    <NAME>Kimberly D. Bose, </NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
                <P>
                    In consideration of the foregoing, the Commission proposes to amend part 157, Chapter I, Title 18, 
                    <E T="03">Code of Federal Regulations</E>
                    , as follows: 
                </P>
                <PART>
                    <HD SOURCE="HED">PART 157—APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER SECTION 7 OF THE NATURAL GAS ACT </HD>
                    <P>1. The authority citation for part 157 continues to read as follows: </P>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>15 U.S.C. 717-717w. </P>
                    </AUTH>
                    <P>2. In § 157.6, paragraph (d)(2)(iii) is revised to read as follows: </P>
                    <SECTION>
                        <SECTNO>§ 157.6 </SECTNO>
                        <SUBJECT>Applications; general requirements. </SUBJECT>
                        <STARS/>
                        <P>(d) * * * </P>
                        <P>(2) * * * </P>
                        <P>(iii) Is within one-half mile of proposed compressors or their enclosures or LNG facilities; or </P>
                        <STARS/>
                        <P>3. In § 157.206, paragraph (b)(5)(ii) is redesignated as paragraph (b)(5)(iii) and a new paragraph (b)(5)(ii) is added, to read as follows: </P>
                    </SECTION>
                    <SECTION>
                        <SECTNO>§ 157.206 </SECTNO>
                        <SUBJECT>Standard conditions. </SUBJECT>
                        <STARS/>
                        <P>(b) * * * </P>
                        <P>(5) * * * </P>
                        <P>
                            (ii) For each new compressor station, compressor addition, or modification to an existing compressor, the blanket certificate holder must file a noise survey with the Secretary no later than 60 days after the activity is complete and the compressor facility is placed in service. If the noise attributable to the operation of the facility at full load exceeds an L
                            <E T="52">dn</E>
                             of 55 dBA at any nearby noise-sensitive areas, the blanket certificate holder shall file a report on what changes are needed and must put in place additional noise controls to meet the 55 dBA level within 1 year of the in-service date. The blanket certificate holder must confirm compliance with this requirement by filing a subsequent noise survey with the Secretary no later than 60 days after installation of the additional noise controls. 
                        </P>
                        <STARS/>
                    </SECTION>
                </PART>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12557 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6717-01-P </BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY </AGENCY>
                <SUBAGY>Internal Revenue Service </SUBAGY>
                <CFR>26 CFR Part 54 </CFR>
                <DEPDOC>[REG-143797-06] </DEPDOC>
                <RIN>RIN 1545-BF97 </RIN>
                <SUBJECT>Employer Comparable Contributions to Health Savings Accounts Under Section 4980G; Correction </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Internal Revenue Service (IRS), Treasury. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Correction to notice of proposed rulemaking. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        This document contains corrections to a notice of proposed rulemaking (REG-143797-06) that was published in the 
                        <E T="04">Federal Register</E>
                         on Friday, June 1, 2007 (72 FR 30501) providing guidance on employer comparable contributions to Health Savings Accounts (HSAs) under section 4980G in instances where an employee has not established an HSA by December 31st and in instances where an employer accelerates contributions for the calendar year for employees who have incurred qualified medical expenses. 
                    </P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Mireille Khoury at (202) 622-6080 (not a toll-free number). </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Background </HD>
                <P>The correction notice that is the subject of this document is under section 4980G of the Internal Revenue Code. </P>
                <HD SOURCE="HD1">Need for Correction </HD>
                <P>As published, the notice of proposed rulemaking (REG-143797-06) contains errors that may prove to be misleading and are in need of clarification. </P>
                <HD SOURCE="HD1">Correction of Publication </HD>
                <P>Accordingly, the publication of the notice of proposed rulemaking (REG-143797-06), which was the subject of FR Doc. E7-10529, is corrected as follows: </P>
                <P>
                    1. On page 30501, column 3, in the preamble, under the caption “
                    <E T="02">DATES:</E>
                    ”, line 5 of the paragraph, the language “28, 2007, at 10 a.m., must be received” is corrected to read “27, 2007, at 10 a.m., must be received”. 
                </P>
                <P>2. On page 30503, column 1, in the preamble, under the paragraph heading  “Special Analyses”, line 20, the language “collection of information any burden” is corrected to read “collection of information and any burden”. </P>
                <SECTION>
                    <PRTPAGE P="35673"/>
                    <SECTNO>§ 54.4980G-4 </SECTNO>
                    <SUBJECT>[Corrected] </SUBJECT>
                    <P>
                        3. On page 30504, column 3, § 54.4980G-4(f) 
                        <E T="03">Example 4.,</E>
                         line 9 from the top of the column, the language “February, 2008. Employer T satisfies the” is corrected to read  “February, 2010. Employer T satisfies the”. 
                    </P>
                </SECTION>
                <SIG>
                    <NAME>LaNita Van Dyke, </NAME>
                    <TITLE>Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration).</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12587 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4830-01-P </BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES </AGENCY>
                <SUBAGY>Centers for Medicare &amp; Medicaid Services </SUBAGY>
                <CFR>42 CFR Parts 424, 488, and 489 </CFR>
                <DEPDOC>[CMS-2268-P] </DEPDOC>
                <RIN>RIN 0938-AO96 </RIN>
                <SUBJECT>Establishment of Revisit User Fee Program for Medicare Survey and Certification Activities </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Medicare &amp; Medicaid Services (CMS), HHS. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Proposed rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This proposed rule would allow CMS to charge revisit user fees to health care facilities cited for deficiencies during initial certification, recertification, or substantiated complaint surveys. Consistent with the President's long-term goal to promote quality of health care and to cut the deficit in half by fiscal year (FY) 2009, the FY 2007 Department of Health and Human Services' (HHS) budget request included both new mandatory savings proposals and a requirement that user fees be applied to health care providers that have failed to comply with Federal quality of care requirements. The “Revisit User Fees” would affect only those providers or suppliers for which CMS has identified deficient practices and requires a revisit to assure that corrections have been made. The fees are estimated at $37.3 million annually and would recover the costs associated with the Medicare Survey and Certification program's revisit surveys. The fees would take effect on the date of publication of the final rule, and would be available to CMS until expended. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on August 27, 2007. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>In commenting, please refer to file code CMS-2268-P. Because of staff and resource limitations, we cannot accept comments by facsimile (Fax) transmission. </P>
                    <P>You may submit comments in one of four ways (no duplicates, please): </P>
                    <P>
                        1. 
                        <E T="03">Electronically.</E>
                         You may submit electronic comments on specific issues in this regulation to 
                        <E T="03">http://www.cms.hhs.gov/eRulemaking.</E>
                         Click on the link “Submit electronic comments on CMS regulations with an open comment period.” (Attachments should be in Microsoft Word, WordPerfect, or Excel; however, we prefer Microsoft Word.) 
                    </P>
                    <P>
                        2. 
                        <E T="03">By regular mail.</E>
                         You may mail written comments (one original and two copies) to the following address ONLY: Centers for Medicare &amp; Medicaid Services, Department of Health and Human Services, Attention: CMS-2268-P, P.O. Box 8016, Baltimore, MD 21244-8016. 
                    </P>
                    <P>Please allow sufficient time for mailed comments to be received before the close of the comment period. </P>
                    <P>
                        3. 
                        <E T="03">By express or overnight mail.</E>
                         You may send written comments (one original and two copies) to the following address ONLY: Centers for Medicare &amp; Medicaid Services, Department of Health and Human Services, Attention: CMS-2268-P, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850. 
                    </P>
                    <P>
                        4. 
                        <E T="03">By hand or courier.</E>
                         If you prefer, you may deliver (by hand or courier) your written comments (one original and two copies) before the close of the comment period to one of the following addresses. If you intend to deliver your comments to the Baltimore address, please call telephone number (410) 786-7195 in advance to schedule your arrival with one of our staff members. Room 445-G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201; or 7500 Security Boulevard, Baltimore, MD 21244-1850. 
                    </P>
                    <P>(Because access to the interior of the HHH Building is not readily available to persons without Federal Government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.) </P>
                    <P>Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period. </P>
                    <P>
                        For information on viewing public comments, see the beginning of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section. 
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Carla McGregor, (410) 786-0663, (Policy). Kathryn Linstromberg, (410) 786-8279 (Policy). Edward F. Mortimore, (410) 786-3509 (Data). David Escobedo, (410) 786-5401 (Budget). </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P SOURCE="NPAR">
                    <E T="03">Submitting Comments:</E>
                     We welcome comments from the public on all issues set forth in this rule to assist us in fully considering issues and developing policies. You can assist us by referencing the file code CMS-2268-P and the specific “issue identifier” that precedes the section on which you choose to comment. 
                </P>
                <P>
                    <E T="03">Inspection of Public Comments:</E>
                     All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following Web site as soon as possible after they have been received: 
                    <E T="03">http://www.cms.hhs.gov/eRulemaking.</E>
                     Click on the link “Electronic Comments on CMS Regulations” on that Web site to view public comments. 
                </P>
                <P>Comments received timely will also be available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, at the headquarters of the Centers for Medicare &amp; Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244, Monday through Friday of each week from 8:30 a.m. to 4 p.m. To schedule an appointment to view public comments, phone 1-800-743-3951. </P>
            </SUPLINF>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background </HD>
                <HD SOURCE="HD2">A. Survey &amp; Certification Compliance Process </HD>
                <P>
                    The Centers for Medicare &amp; Medicaid Services (CMS) has in place an outcome-oriented survey process that is designed to determine whether existing Medicare-certified providers and suppliers or providers and suppliers seeking initial Medicare certification are actually meeting statutory and regulatory requirements, conditions of participation, or conditions for coverage. These health and safety requirements apply to the environments of care and the delivery of services to residents or patients served by these facilities and agencies. The Secretary of 
                    <PRTPAGE P="35674"/>
                    the Department of Health and Human Services (“HHS”) has designated CMS to enforce the conditions of participation/coverage and other requirements with these programs. 
                </P>
                <P>Medicare is a Federal insurance program that provides a wide range of benefits for specific periods of time to Medicare beneficiaries through providers and suppliers participating in the program. The Social Security Act (“Act”) designates those providers and suppliers that are subject to Federal health care quality standards. The Federal Government makes payment for services through designated fiscal intermediaries, carriers, and Medicare administrative contractors to the providers and suppliers. </P>
                <P>• Providers, in Medicare terminology, include patient care institutions such as hospitals, critical access hospitals, hospices, nursing homes, and home health agencies. </P>
                <P>• Suppliers, in Medicare terminology, include entities for diagnosis and therapy rather than sustained patient care, such as laboratories, clinics, and qualified health centers. </P>
                <P>Medicaid is a State program that provides medical services to clients of the State public assistance program and, at the State's option, other needy individuals. When services are furnished through institutions that must be certified for Medicare, the institutional standards must be met for Medicaid as well. State survey agencies, under agreements between the State and the Secretary, carry out the Medicare certification process. Section 1864(a) of the Act directs the Secretary to use the State health agencies or “other appropriate agencies,” also known in this context as State survey agencies, to determine whether health care institutions meet Federal standards. </P>
                <HD SOURCE="HD1">B. Authority To Assess Revisit User Fees </HD>
                <P>The President's HHS budget for FY 2007 included $35 million in new user fees to finance the costs associated with CMS' Medicare survey and certification program's activities. The President's HHS budget for FY 2007 included projections based on FY 2005 numbers. CMS has updated that information based on FY 2006 actual data and thus all other references to the amount projected reference $37.3 million instead of $35 million. We have included these calculations in section IV Regulatory Impact Analysis below. The Continuing Appropriations Resolution (“Continuing Resolution”) budget bill passed by the Congress and signed by the President directed HHS to implement the fees for FY 2007, as follows: </P>
                <EXTRACT>
                    <P>The Secretary of Health and Human Services shall charge fees necessary to cover the costs incurred under “Department of Health and Human Services, Centers for Medicare and Medicaid Services, Program Management” for conducting revisit surveys on health care facilities cited for deficiencies during initial certification, recertification, or substantiated complaints surveys. Not withstanding section 3302 of title 31, United States Code, receipts from such fees shall be credited to such account as offsetting collections, to remain available until expended for conducting such surveys. </P>
                    <FP>(Pub. L. 110-5, H.J. Res. 20, § 20615(b)(2007)). </FP>
                </EXTRACT>
                <FP>Revisit surveys are conducted pursuant to the citing of deficiencies that were found during initial certification, recertification, or substantiated complaint surveys and are conducted for the purpose of verifying the fact that the deficiencies previously cited have been corrected. </FP>
                <P>A crucial component to survey activities are the agreements established under section 1864 of the Act between the Secretary and the State survey agencies to determine that an institution meets the statutory definition for the provider type and that it satisfies all conditions of participation or regulatory requirements, as well as, any additional requirements as determined by the Secretary. Section 1864(e) of the Act, in relevant part regarding the imposition of fees involving survey activities, states: </P>
                <EXTRACT>
                    <P>Notwithstanding any other provision of law, the Secretary may not impose, or require a State to impose, any fee on any facility or entity subject to a determination under subsection (a), or any renal dialysis facility subject to the requirements of section 1881(b)(1), for any such determination or any survey relating to determining the compliance of such facility or entity with any requirement of this title (other than any fee relating to section 353 of the Public Health Service Act).</P>
                </EXTRACT>
                  
                <P>
                    The Congress enacted section 20615(b) of the Continuing Resolution with the knowledge of section 1864(e) of the Act and took specific action to carve out fees for revisits as a result of cited deficiencies while being careful not to specify fees for initial surveys conducted for those newly entering the Medicare/Medicaid Program or for conducting statutorily based recertification surveys. The Secretary believes it was the Congress' intent to harmonize the Continuing Resolution with section 1864(e) of the Act by limiting the fees to those quality assurance functions, that is, revisits, necessary to confirm the correction of previously-identified deficiencies. This belief is consistent with the rule of statutory interpretation that provides that, “[w]here there are two acts upon the same subject, effect should be given to both, if possible. 
                    <E T="03">See Posadas</E>
                     v. 
                    <E T="03">National City Bank of New York,</E>
                     296 U.S. 497, 503 (1936). 
                </P>
                <P>
                    Although the Secretary believes that the Continuing Resolution language should be read to coexist with the language of the Act, to the extent that section 20615(b) of the Continuing Resolution and section 1864(e) of the Act are perceived to be irreconcilable, the Secretary must give effect to the more recent Continuing Resolution for the period of availability of the appropriations. It is well established that it is in Congress' power to abrogate or modify a treaty or earlier legislation that it created. 
                    <E T="03">See Fund for Animals, Inc.</E>
                     v. 
                    <E T="03">Kempthorne,</E>
                     472 F.3d 872, 876 (D.C. Cir. 2006) (citing 
                    <E T="03">Fund for Animals</E>
                     v. 
                    <E T="03">Norton,</E>
                     374 F.Supp.2d 91, 103 (D.D.C. 2005)) (“Congress clearly has the power to abrogate or modify a treaty or earlier legislation, and when it does so, that is the final word”). In resolving similar conflicts, the Federal courts have applied the principle of 
                    <E T="03">lex posterior derogate legi priori</E>
                     also known as “lex posterior” or the “last-in-time” rule; that is to say, where two statutory provisions appear to conflict, the later in time prevails. 
                    <E T="03">See Fund for Animals,</E>
                     472 F.3d at 878 (“[T]he Supreme Court has long recognized that a later enacted statute trumps an earlier-enacted treaty to the extent the two conflict.”). The rule is premised on the idea that the interpretation and application of statutes should reflect the most recent expression of the Congress' intent. Therefore, application of the last-in-time rule would result in section 20615(b) of the Continuing Resolution superseding section 1864(e) of the Act to the extent that the two provisions conflict. 
                </P>
                <P>
                    The Secretary believes the intended section 20615(b) of the Continuing Resolution to apply only during this current fiscal year (FY 2007) and that a decision on making a permanent change to the statute will be deferred until a later time. 
                    <E T="03">See</E>
                     B-303268 Op. GAO-Legal (2005), 
                    <E T="03">http://www.gao.gov/decisions/appro/303268.htm</E>
                     (concluding that a nonpermanent provision in an appropriations resolution, which conflicts with a prior enacted appropriations act, is effective under the “last-in-time” rule, but will expire at the end of the fiscal year). Since the Congress did not expressly state otherwise, and the authority under section 1864(e) of the Act is permanent, the authority under section 20615(b) of the Continuing Resolution extends only through FY 2007. 
                    <PRTPAGE P="35675"/>
                </P>
                <P>Accordingly, section 20615(b) of the Continuing Resolution would only constitute a variation to the general prohibition of fees under section 1864(e) of the Act through September 30, 2007. These considerations lend further credence to the Secretary's belief that it was the Congress' intent to harmonize the two provisions. </P>
                <P>
                    Based on the Congress' knowledge of section 1864(e) of the Act, the unambiguous nature of section 20615(b) of the Continuing Resolution, and the principles of 
                    <E T="03">lex posterior,</E>
                     the Secretary has the authority to propose and implement this revisit user fee rule. 
                </P>
                <HD SOURCE="HD1">II. Provisions of the Proposed Regulations </HD>
                <HD SOURCE="HD2">Part 424—Subpart P—Requirements for Establishing and Maintaining Medicare Billing Privileges </HD>
                <HD SOURCE="HD3">Section 424.535 Revocation of Enrollment and Billing Privileges in the Medicare Program </HD>
                <P>[If you wish to comment on issues in this section, please include the caption “424.535(a)(1)—REVOCATION OF ENROLLMENT AND BILLING PRIVILEGES IN THE MEDICARE PROGRAM—USER FEE ADDITION” at the beginning of your comments.] </P>
                <P>We propose to amend § 424.535(a)(1) by adding a new sentence to the criteria for which a provider or supplier may be determined not in compliance and for which we may revoke enrollment and billing privileges in the Medicare program. We propose to add that the provider or supplier may also be determined not to be in compliance if it has failed to pay any user fees as assessed under part 488 of this chapter. The beginning of the paragraph will continue to read the same and the ending of the paragraph will continue to read that all providers and suppliers are granted an opportunity to correct the deficient compliance requirement before a final determination to revoke billing privileges. The addition of this sentence does not provide an opportunity for additional comments on any other component of part 424 or § 424.535. </P>
                <HD SOURCE="HD2">Part 488—Survey, Certification, and Enforcement: Subpart A—General Provisions. </HD>
                <HD SOURCE="HD3">Section 488.30 Revisit User Fee for Revisit Surveys </HD>
                <P>We propose a new § 488.30 which sets forth proposed regulations that would identify the circumstances under which providers or suppliers would be assessed a user fee for revisit surveys connected with deficiencies identified during surveys for initial certification, recertification, or substantiated complaints. This proposed paragraph identifies the assessment of fees, criteria for which the proposed fee schedule will be based, and collection of fees. </P>
                <HD SOURCE="HD3">Section 488.30(a)—DEFINITIONS </HD>
                <P>[If you choose to comment on issues in this next section, please include the caption “Section 488.30(a) “DEFINITIONS” at the beginning of your comments] </P>
                <P>We propose in § 488.30(a) to define terms associated with this paragraph. Those terms include: “certification,” “complaint surveys,” “substantiated complaint survey,” “provider of services,” “provider,” “supplier,” and “revisit survey.” </P>
                <HD SOURCE="HD3">“Certification (Initial or Recertification)” </HD>
                <P>We propose that “certification” (both initial and recertification) would include those activities as defined in § 488.1. “Certification” as currently defined in § 488.1 is a “recommendation made by the State survey agency on the compliance of providers and suppliers with the conditions of participation, requirements (SNFs and NFs), and conditions for coverage.” Conditions of participation apply to providers of Medicare services, other than skilled nursing facilities, while conditions for coverage apply to suppliers of Medicare services. </P>
                <P>We propose that a user fee under this proposed rule will be assessed for revisit surveys conducted to evaluate the extent to which deficiencies identified during initial certification or recertification surveys have been corrected. </P>
                <HD SOURCE="HD3">“Complaint Surveys” </HD>
                <P>We propose that complaint surveys are those surveys conducted on the basis of a “substantial allegation of noncompliance,” as defined in § 488.1. The term “substantial allegation of noncompliance” means: </P>
                <EXTRACT>
                    <P>A complaint from any of a variety of sources (including complaints submitted in person, by telephone, through written correspondence, or in newspaper or magazine articles) that if substantiated, would affect the health and safety of patients and raises doubts as to a provider's or supplier's noncompliance with any Medicare condition. (42 CFR 488.1)</P>
                </EXTRACT>
                  
                <P>
                    CMS through its authority under the certification and survey process provisions of sections 1819(g), 1864, and 1891(c) of the Act has identified in the State Operations Manual (SOM) the procedures by which complaints/incidents will be handled by CMS and the State survey agencies. CMS identifies a complaint as “an allegation of noncompliance with Federal and/or State requirements.” An allegation is further identified as “an assertion of improper care or treatment that could result in the citation of a Federal deficiency.” 
                    <E T="03">See</E>
                     U.S. Centers for Medicare &amp; Medicaid Services. 
                    <E T="03">State Operations Manual,</E>
                     “Complaint Procedures.” Online. 2006. CMS. Available: 
                    <E T="03">http://www.cms.hhs.gov/manuals/downloads/som107c05.pdf</E>
                     (“SOM-Complaint”). 
                </P>
                <HD SOURCE="HD3">“Substantiated Complaints Surveys” </HD>
                <P>The Continuing Resolution includes the term “substantiated complaints surveys.” We propose that “substantiated complaint survey” means a complaint survey that results in the proof or finding of noncompliance at the time of the survey, a finding that noncompliance was proven to exist, but was corrected prior to the survey, and includes any deficiency that is cited during a complaint survey, whether or not the deficiency was the original subject of the substantial allegation of noncompliance. The Secretary believes its term “substantial allegation of noncompliance” identified in § 488.1 is the direct correlation for this term in the HHS budget. Thus, this proposed regulation would consider “substantiated complaints surveys” to be surveys conducted based on CMS or the State survey agency receiving a “substantial allegation of noncompliance” where the non-compliance has been confirmed through a complaint survey. </P>
                <P>We propose that a user fee under this proposed rule will be assessed for revisit surveys conducted to evaluate the extent to which deficiencies identified during a substantiated complaint survey have been corrected. </P>
                <HD SOURCE="HD3">“Provider of Services, Provider, or Supplier” </HD>
                <P>
                    The terms “provider of services,” “provider,” or “supplier” are already defined in § 488.1. We propose that all “provider of services,” “providers,” or “suppliers,” as defined in § 488.1, will be subject to user fees, unless otherwise exempted through the final rule. We propose that a “provider of services” or “provider” subject to user fees, as it applies in this proposed rule, includes a hospital, critical access hospital, skilled nursing facility, dually-participating nursing facility (“SNF/NF”), home health agency (“HHA”), and hospice. Transplant centers will also be subject to user fees and have been newly defined in § 482.70 of this chapter. 
                    <E T="03">See</E>
                     Medicare Program; Hospital Conditions of Participation: Requirements for 
                    <PRTPAGE P="35676"/>
                    Approval and Re-approval of Transplant Centers to Perform Organ Transplants, published March 30, 2007 (72 FR 15198) (codified at 42 CFR part 482). We propose that, for FY 2007, “providers of services” or “providers” that will not be assessed a revisit user fee as defined in this proposed rule to be comprehensive outpatient rehabilitation facilities and providers of outpatient physical therapy or speech pathology services. We have excluded these providers because the time and cost involved in conducting revisits to these providers are minimal or the nature in which oversight is conducted is not the same as for those providers included. Medicaid-only “providers of services” or “providers” will not be assessed a user fee. 
                </P>
                <P>We also propose a “supplier” subject to user fees, as it applies in this proposed rule includes an end-stage renal disease center, a rural health clinic (“RHC”), and an ambulatory surgical center (“ASC”). ASCs must have an agreement with CMS to participate in Medicare and must meet conditions for coverage as defined in part 416 of this chapter. </P>
                <P>“Suppliers” that would not be subject to user fees under this proposed rule are independent laboratories, portable x-ray centers, physical therapists in independent practice, Federally Qualified Health Centers (FQHCs), and chiropractors. We have excluded these suppliers because the time and cost involved in conducting revisits to these suppliers are minimal or the nature in which oversight is conducted is not the same as for those suppliers included. Medicaid-only “suppliers” will not be assessed a user fee. </P>
                <P>This proposed rule would not interfere with user fees associated with clinical laboratories as established by the Congress, which passed the Clinical Laboratory Improvement Amendments (CLIA) in 1988 and established that outpatient clinical laboratory services are paid based on a fee schedule in accordance with section 1833(h) of the Act. </P>
                <HD SOURCE="HD3">“Revisit Survey”</HD>
                <P>We propose to define the term “revisit survey” to mean a survey performed with respect to a provider or supplier cited for deficiencies during an initial certification, recertification, or substantiated complaint survey and which is designed to evaluate the extent to which previously cited deficiencies have been corrected. We further propose that for purpose of this rule, revisit surveys include both offsite and onsite. The fees associated with offsite (“desk”) surveys will be less than the fees assessed for onsite surveys. Most revisit surveys include both onsite and offsite time, but a number of revisit surveys may be accomplished through desk review only. Oftentimes an onsite revisit survey will require offsite preparation; in these cases only one user fee will be assessed for an onsite revisit survey. </P>
                <P>Section 488.26 provides direction as to how compliance with the conditions of participation, conditions for coverage, or other regulatory requirements is determined. Specifically, section 488.26 provides that the compliance determination is made by the State survey agency and includes a survey process that assesses compliance with Federal health, safety, and quality standards. While the conditions of participation, conditions for coverage, and requirements for determining compliance are unique to each provider and supplier, the Secretary has created common terms for purposes of survey and certification. </P>
                <P>Revisit policies have been established based on provider/supplier type. </P>
                <P>
                    <E T="03">Skilled Nursing Facilities/Dually-participating Nursing Facilities.</E>
                     The current policy for skilled nursing facilities and dually-participating nursing facilities permits two onsite revisits, performed at the discretion of CMS or the State. This revisit policy indicates circumstances for which onsite revisits must occur for certifying compliance and circumstances when onsite revisits are discretionary. Second revisits may be required if the deficiencies are not fully corrected, if there continue to be negative outcomes from the originally-cited noncompliance, or if new and serious deficiencies are present during the revisit. Further, if the State determines that a third revisit is necessary, due to continuing noncompliance, it must be approved at the discretion of the CMS Regional Office. CMS does not permit a third revisit except in unusual circumstances. 
                    <E T="03">See</E>
                     U.S. Centers for Medicare &amp; Medicaid Services. 
                    <E T="03">State Operations Manual</E>
                    , “ Survey and Enforcement Process for Skilled Nursing Facilities and Nursing Facilities.” Online. 2004. CMS. Available: 
                    <E T="03">http://www.cms.hhs.gov/manuals/downloads/som107c07.pdf</E>
                     (“SOM-SNF/NF Enforcement Process”). 
                </P>
                <P>
                    <E T="03">Hospitals/Home Health Agencies/Hospices/Ambulatory Surgical Centers/Rural Health Clinics/End-Stage Renal Disease Centers.</E>
                     CMS generally permits only two revisits for hospitals, home health agencies, hospices, ambulatory surgical centers, rural health clinics, and end-stage renal disease centers. Of these two revisits permitted by CMS, one revisit within 45 calendar days of the initial certification, recertification, or substantiated complaint survey, and one revisit subject to CMS approval, between the 46th and 90th calendar days. A revisit is conducted if a State survey agency and/or CMS receives from the provider or supplier a credible allegation that it is in compliance, following a determination that the provider or supplier had failed to substantially meet Federal requirements. If a provider or supplier fails to make a credible allegation of compliance, a revisit is not necessary, since the provider agreement is then subject to termination. 
                </P>
                <P>
                    <E T="03">Revisits Related to Immediate Jeopardy.</E>
                     Revisits are also conducted, if possible, before a termination results in response to an immediate jeopardy situation. An immediate jeopardy situation is one in which the provider or supplier's noncompliance with one or more requirements of participation has caused, or is likely to cause, severe temporary or permanent injury, disability or death to an individual. A provider or supplier in this situation will be terminated from the Medicare/Medicaid program within 23 calendar days from the day the deficiency was cited if no corrective action steps are taken and completed. A revisit is conducted if there is a credible allegation from the provider or supplier that it has corrected the threat or the deficiency cited as immediate jeopardy. If CMS and the State survey agency disagree as to whether an immediate jeopardy exists, it may be necessary for CMS and the State survey agency to conduct a revisit together. 
                    <E T="03">See</E>
                     U.S. Centers for Medicare &amp; Medicaid Services. 
                    <E T="03">State Operations Manual</E>
                    , “Additional Program Activities.” Online. 2007. CMS. Available: 
                    <E T="03">http://www.cms.hhs.gov/manuals/downloads/som107c03.pdf.</E>
                </P>
                <HD SOURCE="HD3">We welcome public comment regarding all definitions proposed in § 488.30(a). </HD>
                <HD SOURCE="HD3">Section 488.30(b)—Criteria for Determining the Fee</HD>
                <P>[If you choose to comment on issues in this next section, please include the caption “Section 488.30(b) CRITERIA FOR DETERMINING THE FEE” at the beginning of your comments] </P>
                <P>
                    We propose in § 488.30(b) to provide the criteria for determining the user fee. We propose that for initial implementation of revisit user fees in FY 2007, we will use the criteria in proposed § 488.30(b)(1)(i) and (ii): That a provider or supplier will be assessed a revisit user fee based on the average cost per revisit survey per provider or supplier type and the type of the revisit—onsite review or offsite review. 
                    <PRTPAGE P="35677"/>
                </P>
                <P>We welcome public comment regarding the criteria we propose to use in FY 2007 to establish the revisit user fee: That of average cost per revisit survey and the provider or supplier type and the type of the revisit survey. </P>
                <P>
                    We also propose that exceptions to the assessment of a user fee will be identified based on the type of visit conducted. For example, we propose that neither a provider nor a supplier will be assessed a fee if the visit is considered a “State monitoring visit” unless the visit also meets the definition of a revisit. A “State monitoring visit” refers to visits by the State survey agency to oversee a provider/supplier's compliance status during bankruptcy, after a change of ownership, during or shortly after the removal of immediate jeopardy when the purpose of the visit is to ensure the welfare of the residents/clients/patients by providing an oversight presence, and in other circumstances as authorized by the CMS regional office where the provider/supplier is located. See SOM-Complaint, § 5077; 
                    <E T="03">see also</E>
                     SOM-SNF/NF Enforcement Process, § 7504. 
                </P>
                <P>
                    Likewise, we also propose that neither a provider nor a supplier will be assessed a fee if the visit is associated with Medicare provider or supplier compliance with Life Safety Code (LSC) requirements. The LSC is a set of fire protection requirements, that covers construction, protection, and operational features designed to provide a reasonable degree of safety from fire, smoke, and panic. The LSC, which is revised periodically, is a publication of the National Fire Protection Association. The basic requirement for facilities participating in the Medicare and Medicaid programs is compliance with the 2000 edition of the LSC. The State survey agency determines whether the LSC survey is to occur before, after, or simultaneously with the health survey. Most States require an initial LSC survey before admitting patients prior to becoming operational. 
                    <E T="03">See</E>
                     U.S. Centers for Medicare &amp; Medicaid Services. “Life Safety Code Requirements.” Online. 2007. CMS. Available: 
                    <E T="03">http://www.cms.hhs.gov/CertificationandComplianc/11_LSC.asp#TopOfPage.</E>
                     In addition, we also propose that neither a provider nor a supplier will be assessed a fee if the visit is associated with a Federal Monitoring Survey, such as a Federal look-behind survey. 
                </P>
                <P>We also propose in § 488.30(b)(1)(iii) through (b)(1)(iv) that CMS may adjust revisit user fees to account for the provider or supplier's size, typically determined by capacity (such as the number of beds), the number of follow-up revisits resulting from uncorrected deficiencies, and/or the seriousness and number of deficiencies (such as the scope and severity of cited deficiencies and the number of deficiencies cited at each scope and severity level), as these criteria pertain to particular provider types. These factors impact cost in that the variance in provider/supplier size, the number of follow-up revisits, and the type and number of deficiencies cited may have an impact on the survey hours needed for a revisit. We also propose in § 488.30(b)(2) that CMS may adjust the fees to account for any regional differences in cost. </P>
                <P>We welcome public comment regarding the criteria for determining the revisit user fee. </P>
                <HD SOURCE="HD3">Section 488.30(c)—Fee Schedule</HD>
                <P>[If you choose to comment on issues in this next section, please include the caption “Section 488.30(c) “FEE SCHEDULE” at the beginning of your comments] </P>
                <P>
                    We propose in § 488.30(c) that CMS will publish in the 
                    <E T="04">Federal Register</E>
                     the proposed and final notices of a uniform fee schedule before it adopts this schedule. The proposed and final notices would set forth the amounts of the assessed fees based on the criteria as identified in paragraph (b) of this subpart. In future notices, any changes to the amounts of the assessed fees would include for example, adjustments based on increases to cost of living, labor and overhead costs. This proposed rule also constitutes publication of the proposed fee schedule for this fiscal year. 
                </P>
                <P>For FY 2007, we based user fee calculations on the type of revisit (onsite vs. offsite); the type of provider or supplier; the average number of hours that a revisit requires; and the average per hour cost of a revisit. We have proposed the user fee costs below under section IV, Regulatory Impact Analysis. </P>
                <HD SOURCE="HD3">Section 488.30(d)—Collection of Fees </HD>
                <P>[If you choose to comment on issues in this next section, please include the caption “Section 488.30(d) COLLECTION OF FEES” at the beginning of your comments] </P>
                <P>We propose in § 488.30(d)(1) that fees for revisit surveys under this paragraph may be deducted from amounts otherwise payable to the provider or supplier. We also propose that fees will be deposited as an offset collection to be used exclusively for survey and certification activities conducted by State survey agencies pursuant to section 1864 of the Act or by CMS, and will be available for CMS until expended. We also propose that CMS may devise other collection methods as it deems appropriate. In determining these methods, CMS will consider efficiency, effectiveness, and convenience for the providers, suppliers, and CMS. Methods may include: Credit card; electronic fund transfer; check; money order; and offset of collections from claims submitted. </P>
                <P>We welcome public comment on the forms of payment CMS proposes it will accept from providers and suppliers for the assessed revisit user fee. </P>
                <P>We propose in § 488.30(d)(2) that fees for revisit surveys under this section are not allowable items on a cost report, as identified in part 413, subpart B of this chapter, under title XVIII of the Act. Part 413 identifies CMS' formulating methods for making fair and equitable reimbursement for services rendered to beneficiaries of the program. Payment is to be made on the basis of current costs of the individual provider, rather than costs of a past period or a fixed negotiated rate. This cost report also designs this reimbursement formulation so that at no time is the individual provider's costs borne by other patients. CMS believes that the assessed revisit user fee is not an allowable item for a cost report, as it should not be figured into the services provided to beneficiaries, nor should it be a cost shared amongst non-Medicare patients. CMS employs several checks and balances to deter this from occurring. CMS believes that this proposed language in 488.30(d)(2) would prevent the inclusion of the revisit user fee costs in any future cost reports. This section will only apply to a small group of providers who receive cost-based reimbursement. A significant amount of providers and suppliers are reimbursed through the prospective payment system (PPS). </P>
                <P>We welcome public comment regarding the prohibition of the assessed revisit user fee being an item on a provider or supplier cost report. </P>
                <HD SOURCE="HD3">Section 488.30(e)—Reconsideration Process for Revisit User Fees. </HD>
                <P>[If you choose to comment on issues in this next section, please include the caption “Section 488.30(e) RECONSIDERATION PROCESS FOR REVISIT USER FEES” at the beginning of your comments] </P>
                <P>
                    We propose in § 488.30(e) that a reconsideration process shall be available to providers or suppliers that have been assessed a revisit user fee if a provider or supplier believes an error of fact, such as a clerical error, has been made. We also propose that a request for reconsideration must be received by CMS within seven calendar days from 
                    <PRTPAGE P="35678"/>
                    the date identified on the revisit user fee assessment notice. 
                </P>
                <P>Once CMS has determined that a revisit user fee should be put into effect, CMS shall notify the provider or supplier of its intention to charge a revisit user fee and the reasons for charging the fee, and shall give the provider or supplier an opportunity to request a reconsideration due to an error of fact. If a provider or supplier believes that a revisit user fee should be reconsidered, due to an error of fact, it should submit to CMS a written statement, and any supporting evidence, to that effect within seven calendar days, either through its authorized officials or through its legal representative. </P>
                <P>If, upon reconsideration, it was found that a revisit fee was assessed due to error of fact, and the provider or supplier has made a payment of the assessed revisit user fee, then CMS shall credit the initial revisit payment against any future assessments of revisit fees. CMS believes this situation will be rare. CMS believes given the proposed time frame for which providers/suppliers have to submit this reconsideration request (seven calendar days) and based on the proposed regulatory obligation of payment (within 30 calendar days, as discussed below), there would be a limited possibility that payment would be sent without CMS providing a response to the reconsideration. In the case that this does occur and CMS credits the initial revisit payment against any future revisit fees, CMS will provide a refund following its reconciliation period. </P>
                <P>We welcome public comment on the proposed section on the reconsideration of revisit user fees, including discussion regarding crediting against future assessments and the provision of refunds. </P>
                <HD SOURCE="HD3">Section 488.30(f)—Enforcement </HD>
                <P>[If you choose to comment on issues in this next section, please include the caption “Section 488.30(f) “ENFORCEMENT” at the beginning of your comments] </P>
                <P>We propose in § 488.30(f) that if the full revisit user fee payment is not received within 30 calendar days or a request for reconsideration is not received within seven calendar days from the date the provider or supplier receives written notice of assessment, CMS may terminate the facility's provider agreement and enrollment in the Medicare program or the supplier's enrollment and participation in the Medicare program, and the provider or supplier may not seek Medicare payment, nor be considered a Medicare participating provider or supplier. CMS will adhere to the termination process as identified in § 489, subpart E, of this chapter. </P>
                <P>We welcome public comment on the proposed 30 calendar provision for receipt of full payment, and the seven calendar provision for the receipt of request for reconsideration. </P>
                <HD SOURCE="HD2">Part 489—Provider Agreements and Supplier Approval </HD>
                <HD SOURCE="HD2">Subpart B—Essentials of Provider Agreements </HD>
                <HD SOURCE="HD3">Section 489.20 Basic Commitments </HD>
                <HD SOURCE="HD3">Section 489.20(u) </HD>
                <P>[If you choose to comment on issues in this next section, please include the caption “Section 489.20(u)—BASIC COMMITMENTS” at the beginning of your comments] </P>
                <P>We propose to add to § 489.20 an additional paragraph that would require a provider to agree to pay revisit user fees when and if assessed. </P>
                <HD SOURCE="HD2">Subpart E—Termination of Agreement and Reinstatement After Termination </HD>
                <HD SOURCE="HD3">Section 489.53 Termination by CMS </HD>
                <HD SOURCE="HD3">Section 489.53(a)(16) </HD>
                <P>[If you choose to comment on issues in this next section, please include the caption “Section 489.53(a)(16)—TERMINATION BY CMS” at the beginning of your comments] </P>
                <P>We propose to add a new paragraph (16) to § 489.53(a) that would create an additional basis for termination if a provider has failed to pay a revisit user fee when and if assessed. </P>
                <HD SOURCE="HD1">III. Collection of Information Requirements </HD>
                <P>This document does not impose information collection and recordkeeping requirements. Consequently, it need not be reviewed by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995. </P>
                <HD SOURCE="HD1">IV. Regulatory Impact Analysis </HD>
                <P>[If you choose to comment on issues in this next section, please include the caption “REGULATORY IMPACT ANALYSIS” at the beginning of your comments] </P>
                <HD SOURCE="HD2">A. Overall Impact </HD>
                <P>We have examined the impacts of this rule as required by Executive Order 12866 (September 1993, Regulatory Planning and Review), the Regulatory Flexibility Act (RFA) (September 19, 1980, Pub. L. 96-354), section 1102(b) of the Social Security Act, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), and Executive Order 13132. </P>
                <P>Executive Order 12866 (as amended by Executive Order 13258, which merely reassigns responsibility of duties) directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). A regulatory impact analysis (RIA) must be prepared for major rules with economically significant effects ($100 million or more in any 1 year). This proposed rule would not be considered a major rule. The aggregate costs would total approximately $37.3 million in any one year. </P>
                <P>
                    The RFA requires agencies to analyze options for regulatory relief of small businesses. For purposes of the RFA, small entities include small businesses, nonprofit organizations, and small governmental jurisdictions. Individuals and States are not included in the definition of a small entity. Small businesses are small entities, either by nonprofit status or by having revenues of $6.5 million to $31.9 million or less in any one year for purposes of the RFA. CMS currently has limited information to separate and identify specific providers and suppliers that may be subject to a revisit user fee by the requirements described for purposes of the RFA. The percentage by type of providers and suppliers that may be assessed a revisit user fee is identified in Table A below, which discusses the overall percentage of providers and suppliers impacted. CMS also has limited information on the total revenues collected by provider or supplier type. CMS does collect information regarding Medicare and Medicaid claims submitted, however this would not provide the requisite requirements for the RFA regarding total revenues. Based on available information in 
                    <E T="03">2006 CMS Statistics,</E>
                     at the time of publication, CMS does collect National level information which includes personal health care expenditures and payments. Personal health care includes hospital care, professional services, nursing and home health care, all of which cover those services provided by the provider and suppliers who may be assessed a revisit user fee. Personal health care expenditures amounted to $1,560.2 billion dollars in calendar year 2004 for which we have the latest information. 
                    <E T="03">See</E>
                     U.S. Department of Health and Human Services, Centers for Medicare &amp; Medicaid Services. “2006 CMS 
                    <PRTPAGE P="35679"/>
                    Statistics.” Online. 2006. CMS, Office of Research, Development, and Information. Available: 
                    <E T="03">http://www.cms.hhs.gov/CapMarketUpdates/downloads/2006CMSStat.pdf.</E>
                     (Published July 2006). Table 36, pg. 31 [“2006 CMS Statistics”]. The providers and suppliers that may be assessed a revisit user fee would fall into the category of revenues collected under personal health care funds. CMS notes it must compare different year data sources, calendar year 2004 for personal health care funds, and FY 2006 actual data to project costs for FY 2007, we roughly estimate that the $37.3 million that would be assessed for revisit user fees would only amount to 2.3% of the $1,560.2 million personal health care revenues collected and only 1.9% of all national health care expenditures of which personal health care expenditures are included. 
                    <E T="03">See</E>
                     “2006 CMS Statistics,” Table 36, Pg. 31. We have determined, and the Secretary certifies, that this proposed rule would not have a significant impact on small entities based on the overall effect on revenues. This is a proposed rule and we are soliciting public comments regarding any available information that may affect the percentage of revenues estimated with the implementation of this rule. 
                </P>
                <P>In addition, section 1102(b) of the Act requires us to prepare a regulatory impact analysis if a rule may have a significant impact on the operations of a substantial number of small rural hospitals. This analysis must conform to the provisions of section 603 of the RFA. For purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside of a Metropolitan statistical Area (superseded by Core Based Statistical Areas) and has fewer than 100 beds. This proposed rule affects those small rural hospitals that have been cited for a deficiency based on noncompliance with required conditions of participation and for which a revisit is needed to make sure that the deficiency has been corrected. Based on FY 2006 actual data from CMS's Online Survey, Certification and Reporting (OSCAR) database of the 7,139 hospitals identified 2,776 or 3.8% were classified as rural hospitals. Of all hospitals identified 285 revisits or 3.9% were conducted in rural hospitals to ensure that deficiencies identified were corrected. Based on the effective time period of this proposed rule, less than 3% of all hospitals may in fact be assessed a revisit user fee in this current fiscal year (FY 2007), we estimate that less than 1% of rural hospitals will be impacted by this proposed rule. Currently CMS has limited data at this time to identify how many of those revisits that will be conducted may be onsite versus offsite which will determine the amount of the revisit user fee that may be assessed. We have determined, and the Secretary certifies, that this proposed rule would not have a significant impact on small rural hospitals. This is a proposed rule and we are soliciting public comments regarding any available information that may affect rural hospitals as identified. </P>
                <P>Section 202 of the Unfunded Mandates Reform Act of 1995 also requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $100 million in 1995 dollars, updated annually for inflation. That threshold level is currently approximately $120 million. This rule would have no mandated effect on State, local, or tribal governments and the impact on the private sector is estimated to be less than $120 million and would only effect those Medicare providers or suppliers for which a revisit user fee is assessed based on the need to conduct a revisit survey to ensure deficient practices that were cited have been corrected. </P>
                <P>Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has Federalism implications. This rule would not substantially affect State or local governments. This proposed rule establishes user fees for providers and suppliers for which CMS has identified deficient practices and requires a revisit to assure that corrections have been made. Therefore we have determined that this proposed rule will not have a significant affect on the rights, roles, and responsibilities of State or local governments. </P>
                <HD SOURCE="HD2">B. Impact on Providers/Suppliers </HD>
                <P>The source of the data used to estimate the number and cost of revisit surveys is CMS's Online Survey, Certification and Reporting (OSCAR) database. OSCAR is the repository of information about CMS and State survey agency survey actions. Data collected include the dates of surveys, survey findings, and the length of time that surveyors spent conducting the survey. State survey agencies record survey time on the CMS-670 form. Data from the CMS-670 form are entered into OSCAR by the State survey agency. CMS analyzed average survey time length using actual data from FY 2006. </P>
                <P>Based on information entered into OSCAR, we propose user fees in accordance with the type of revisit survey (onsite vs. offsite); the type of provider or supplier; the average number of hours that a revisit survey requires; and the average per hour cost of a revisit survey. </P>
                <HD SOURCE="HD3">Overall Effect on Providers and Suppliers </HD>
                <P>We estimate that there are 47,804 providers and suppliers. We based this estimate on FY 2006 actual data. Of those providers and suppliers, as identified in Table A below, based on FY 2006 actual data 34.8% required a revisit survey, this included both onsite and offsite revisits. Of this 34.8%, skilled nursing facilities (“SNFs”)/nursing facilities (“NFs”) made up 87.9% whereas ambulatory surgical centers made up a low of 2.8% of providers/suppliers that required a revisit survey. We did not include transplant centers in FY 2006 and 2007 calculations due to lack of available cost and revisit data at this time. Transplant centers will be newly surveyed providers starting in FY 2008. </P>
                <GPOTABLE COLS="5" OPTS="L2,i1" CDEF="s50,12,12,12,12">
                    <TTITLE>Table A.—Percentage of Providers/Suppliers That Had a Revisit Survey FY 2006 </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1">
                            Total 
                            <LI>providers/</LI>
                            <LI>
                                suppliers 
                                <SU>1</SU>
                            </LI>
                        </CHED>
                        <CHED H="1">Total revisit survey for FY 2006 (onsite &amp; offsite)</CHED>
                        <CHED H="1">Number of providers/suppliers that required revisit survey (onsite &amp; offsite)</CHED>
                        <CHED H="1">Percent of provider/suppliers that required revisit survey (onsite &amp; offsite) </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">
                            SNF/NF 
                            <SU>2</SU>
                        </ENT>
                        <ENT>15,172 </ENT>
                        <ENT>29,426 </ENT>
                        <ENT>13,350</ENT>
                        <ENT>87.9 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Hospitals 
                            <SU>3</SU>
                        </ENT>
                        <ENT>7,139 </ENT>
                        <ENT>853 </ENT>
                        <ENT>594</ENT>
                        <ENT>8.3 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">HHAs </ENT>
                        <ENT>8,901 </ENT>
                        <ENT>1,585 </ENT>
                        <ENT>1,320</ENT>
                        <ENT>14.8 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Hospices </ENT>
                        <ENT>3,077 </ENT>
                        <ENT>307 </ENT>
                        <ENT>246</ENT>
                        <ENT>7.9 </ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="35680"/>
                        <ENT I="01">ASC </ENT>
                        <ENT>4,735 </ENT>
                        <ENT>188 </ENT>
                        <ENT>133</ENT>
                        <ENT>2.8 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">RHC </ENT>
                        <ENT>3,828 </ENT>
                        <ENT>216 </ENT>
                        <ENT>204</ENT>
                        <ENT>5.3 </ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">ESRD </ENT>
                        <ENT>4,952 </ENT>
                        <ENT>929 </ENT>
                        <ENT>781</ENT>
                        <ENT>15.7 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total </ENT>
                        <ENT>47,804 </ENT>
                        <ENT>33,504 </ENT>
                        <ENT>16,662</ENT>
                        <ENT>34.8 </ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         Providing Data Quickly (PDQ) system, Provider Summary Table, includes providers considered active at any time in the fiscal year. 
                    </TNOTE>
                    <TNOTE>
                        <SU>2</SU>
                         Total number does not include Medicaid-only Nursing Facilities. 
                    </TNOTE>
                    <TNOTE>
                        <SU>3</SU>
                         Total includes accredited and non-accredited hospitals, as well as psychiatric hospitals, and critical access hospitals. 
                    </TNOTE>
                </GPOTABLE>
                <HD SOURCE="HD3">Frequency and Duration of Revisit Surveys </HD>
                <P>There are numerous differences across providers and suppliers in the frequency and duration of revisit surveys. Skilled nursing facilities/nursing facilities accounted for 83 percent of total onsite revisit surveys conducted in FY 2006 following the identification of deficiencies from standard surveys. Home health agencies accounted for 6 percent of onsite revisit surveys in FY 2006, while ESRDs and hospitals accounted for 8 percent, 4 percent each. Hospice facilities, ambulatory surgical centers, and rural health clinics combined comprised the remaining 3 percent of revisits. The average length of a standard onsite revisit survey varied from 7.6 hours for rural health clinics to 22.8 hours for hospitals. In comparison, offsite revisit surveys conducted averaged one and a half hours (1.5) across all providers and suppliers. </P>
                <HD SOURCE="HD3">Proposed Fee Schedule for Onsite Revisit Surveys </HD>
                <P>
                    We propose to base the fee schedule on the average length of time required for revisit surveys by provider or supplier type in FY 2006. Averages were calculated separately by type of provider or supplier, and the hours for revisit surveys were separated by either standard health surveys, complaint surveys, or offsite surveys. A cost of $100 per hour was incurred in FY 2005, which was the basis of the costs estimates in the Continuing Resolution. We project that the actual cost in FY 2007 based on inflation factors and processing expenses is $112 per hour and we would use this projected cost in setting the fee schedule. In order to obtain this inflation factor, CMS utilized FY 2005 annual expenditures derived from CMS-435 form that captures a State's cumulative expenditures and divided this by information obtained from CMS-670 form that identifies State's workload hours or survey hours, as discussed above. The product of this calculation resulted in dollars per hour or cost incurred for conducting surveys. CMS then took this number and multiplied this by a composite rate of inflation that was obtained from percentage change calculations identified in annual and semi-annual indexes prepared by the U.S. Department of Labor's Consumer Price Index for Wage Earners and Clerical Workers (CPI-W). 
                    <E T="03">See</E>
                     U.S. Department of Labor, Bureau of Labor Statistics. 
                    <E T="03">Summary of Annual and Semi-Annual Indexes.</E>
                     Online. 2007. Bureau of Labor Statistics. Available: 
                    <E T="03">http://www.bls.gov/ro3/fax_9125.htm</E>
                     [22 Feb 2007]. In our proposed fee schedule, the $112 average cost per hour is then multiplied by the average hours for the revisit surveys to achieve the average fee cost per onsite revisit survey as identified in Table B below. For Fiscal Year 2007, we will not adjust fees based on the length of individual revisit surveys, but will assess a flat fee per revisit survey, based on provider or supplier type. We expect these costs to increase annually to incorporate economic changes, cost of living increases, labor and overhead costs expenses. 
                </P>
                <P>All revisit user fees will be assessed in the last quarter of FY 2007. Revisit user fees will be assessed if a revisit survey is determined necessary. </P>
                <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s100,12,12">
                    <TTITLE>Table B.—Revisit User Fee Assessed Based on Average Length of Onsite Revisit Surveys * </TTITLE>
                    <BOXHD>
                        <CHED H="1">Facility </CHED>
                        <CHED H="1">Average length of onsite revisit survey (hrs)</CHED>
                        <CHED H="1">
                            Fee assessed per revisit 
                            <LI>survey </LI>
                            <LI>(hrs x $112) </LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">SNF/NF </ENT>
                        <ENT>18.5 </ENT>
                        <ENT>$2,072 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Hospitals </ENT>
                        <ENT>22.8 </ENT>
                        <ENT>2,554 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">HHA </ENT>
                        <ENT>14.4 </ENT>
                        <ENT>1,613 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Hospice</ENT>
                        <ENT>15.5 </ENT>
                        <ENT>1,736 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ASC </ENT>
                        <ENT>14.9 </ENT>
                        <ENT>1,669 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">RHC </ENT>
                        <ENT>7.6 </ENT>
                        <ENT>851 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ESRD </ENT>
                        <ENT>13.3 </ENT>
                        <ENT>1,490 </ENT>
                    </ROW>
                    <TNOTE>* This includes onsite revisit surveys according to both Standard Health Surveys and Complaint Surveys. </TNOTE>
                </GPOTABLE>
                <HD SOURCE="HD3">Proposed Fee Schedule for Offsite Revisit Surveys </HD>
                <P>
                    For offsite revisit surveys, we expect a revisit user fee of $168 assessed despite provider or supplier type. Based again on recorded survey time on the CMS-670 form, it was assessed that offsite revisit surveys on average take one and a half hours (1.5) across all providers and suppliers. We calculated the base hourly fee of $112 multiplied by an average of one and a half hours 
                    <PRTPAGE P="35681"/>
                    to arrive at the $168 fee assessed per offsite revisit survey. 
                </P>
                <P>All revisit user fees will be assessed in the last quarter of FY 2007. Revisit user fees will be assessed if a revisit survey is determined necessary. </P>
                <HD SOURCE="HD3">Costs for all Revisit User Fees Assessed </HD>
                <P>We expect the combined costs for all providers and suppliers for all revisit surveys for FY 2007 to be a little under $37.3 million. Onsite revisit surveys will total a little under $34.6 million and offsite revisit surveys will total approximately $2.7 million. The rule would take effect the date of publication of the final rule. We provide below an explanation for quarterly costs listed in Tables C and D. </P>
                <P>In Table C below, we provide the projected quarterly costs for the final quarter of FY 2007. We expect the combined costs for all providers and suppliers for all onsite revisit surveys for one quarter to total approximately $8.6 million. We first utilized the total number of onsite revisit surveys for FY 2006, took the expected revisit user fees assessed per revisits as calculated in Table B above estimated by provider or supplier and multiplied this number by the number of onsite revisit surveys expected for one quarter. We then totaled all providers and suppliers to achieve the total quarterly costs for all onsite revisit surveys. </P>
                <GPOTABLE COLS="5" OPTS="L2,i1" CDEF="s50,12,12,12,12">
                    <TTITLE>Table C.—Estimated Quarterly Costs for Onsite Revisit Surveys </TTITLE>
                    <BOXHD>
                        <CHED H="1">Facility </CHED>
                        <CHED H="1">
                            Number of 
                            <LI>onsite revisit surveys </LI>
                            <LI>(FY 2006)</LI>
                        </CHED>
                        <CHED H="1">Fee assessed per onsite revisit surveys (hrs × $112) (see Table B)</CHED>
                        <CHED H="1">
                            Number of 
                            <LI>onsite revisit </LI>
                            <LI>surveys est. for quarter*</LI>
                        </CHED>
                        <CHED H="1">Total costs for onsite revisit surveys for quarter</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">SNF &amp; NF </ENT>
                        <ENT>14,288 </ENT>
                        <ENT>$2,072 </ENT>
                        <ENT>3,572 </ENT>
                        <ENT>$7,401,184 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Hospitals </ENT>
                        <ENT>575 </ENT>
                        <ENT>2,554 </ENT>
                        <ENT>144 </ENT>
                        <ENT>367,776 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">HHA </ENT>
                        <ENT>1,068 </ENT>
                        <ENT>1,613 </ENT>
                        <ENT>267 </ENT>
                        <ENT>430,671 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Hospice </ENT>
                        <ENT>256 </ENT>
                        <ENT>1,736 </ENT>
                        <ENT>64 </ENT>
                        <ENT>111,104 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ASC </ENT>
                        <ENT>95 </ENT>
                        <ENT>1,669 </ENT>
                        <ENT>24 </ENT>
                        <ENT>40,056 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">RHC </ENT>
                        <ENT>149 </ENT>
                        <ENT>851 </ENT>
                        <ENT>37 </ENT>
                        <ENT>31,487 </ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">ESRD </ENT>
                        <ENT>698 </ENT>
                        <ENT>1,490 </ENT>
                        <ENT>175 </ENT>
                        <ENT>260,750 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total </ENT>
                        <ENT>17,129 </ENT>
                        <ENT/>
                        <ENT>4,283 </ENT>
                        <ENT>8,643,028 </ENT>
                    </ROW>
                    <TNOTE>* Total number of onsite revisit surveys divided by 4 and rounded up based on FY 2006 actual data. </TNOTE>
                </GPOTABLE>
                <P>We expect the combined costs for all providers and suppliers for all offsite revisit surveys to total $687,960. In Table D below, we first estimated by provider or supplier the number of offsite revisit surveys expected for one quarter and multiplied this number by the expected revisit user fee of $168 per offsite revisit survey as discussed above. We then totaled all providers and suppliers to achieve the total costs for all offsite revisit surveys for one quarter. </P>
                <GPOTABLE COLS="5" OPTS="L2,i1" CDEF="s50,12,12,12,12">
                    <TTITLE>Table D.—Estimated Quarterly Costs for Offsite Revisit Surveys </TTITLE>
                    <BOXHD>
                        <CHED H="1">Facility </CHED>
                        <CHED H="1">
                            Number of 
                            <LI>offsite revisit surveys </LI>
                            <LI>(FY 2006)</LI>
                        </CHED>
                        <CHED H="1">Fee assessed per offsite revisit surveys ($112 × 1.5 hrs.)</CHED>
                        <CHED H="1">
                            Number of 
                            <LI>offsite revisit surveys est. for quarter *</LI>
                        </CHED>
                        <CHED H="1">Total costs for offsite revisit surveys for quarter</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">SNF &amp; NF </ENT>
                        <ENT>15,138 </ENT>
                        <ENT>$168 </ENT>
                        <ENT>3,785 </ENT>
                        <ENT>$635,880 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Hospitals </ENT>
                        <ENT>278 </ENT>
                        <ENT>168 </ENT>
                        <ENT>70 </ENT>
                        <ENT>11,760 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">HHA </ENT>
                        <ENT>517 </ENT>
                        <ENT>168 </ENT>
                        <ENT>129 </ENT>
                        <ENT>21,672 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Hospice </ENT>
                        <ENT>51 </ENT>
                        <ENT>168 </ENT>
                        <ENT>13 </ENT>
                        <ENT>2,184 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ASC </ENT>
                        <ENT>93 </ENT>
                        <ENT>168 </ENT>
                        <ENT>23 </ENT>
                        <ENT>3,864 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">RHC </ENT>
                        <ENT>67 </ENT>
                        <ENT>168 </ENT>
                        <ENT>17 </ENT>
                        <ENT>2,856 </ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">ESRD </ENT>
                        <ENT>231 </ENT>
                        <ENT>168 </ENT>
                        <ENT>8 </ENT>
                        <ENT>9,744 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total </ENT>
                        <ENT>16,375 </ENT>
                        <ENT/>
                        <ENT>4,095 </ENT>
                        <ENT>687,960 </ENT>
                    </ROW>
                    <TNOTE>* Total number of offsite revisit surveys divided by 4 and rounded up based on FY 2006 actual data. </TNOTE>
                </GPOTABLE>
                <P>As shown in Table E below, we provide the total costs expected for FY 2007, as well as the costs we expect to offset in the final quarter of this fiscal year by assessing Revisit User Fees for revisit surveys conducted. </P>
                <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s100,12,12">
                    <TTITLE>Table E.—Total Costs Combined for All Revisits Surveys per Fiscal Year &amp; Quarter </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1">FY 2007</CHED>
                        <CHED H="1">Last quarter FY 2007 * </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Onsite Revisit Surveys </ENT>
                        <ENT>$34,565,760</ENT>
                        <ENT>$8,643,028 </ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">Offsite Revisit Surveys </ENT>
                        <ENT>2,751,000</ENT>
                        <ENT>687,960 </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total Costs All Revisits </ENT>
                        <ENT>37,316,760</ENT>
                        <ENT>9,330,988 </ENT>
                    </ROW>
                    <TNOTE>* Last quarter FY 2007 costs are based on quarterly revisit surveys rounded up to the nearest whole number as shown in Table C &amp; D, multiplying Table E last quarter numbers in column 2 by 4 would create a slightly larger cost than identified in FY 2007 column 1 above. </TNOTE>
                </GPOTABLE>
                <PRTPAGE P="35682"/>
                <P>As discussed above, we have excluded Medicaid-only facilities, comprehensive outpatient rehabilitation facilities, providers of outpatient physical therapy or speech pathology services, independent laboratories, portable x-ray centers, physical therapists in independent practice, federally qualified health centers, and chiropractors in all proposed rate-setting calculations. </P>
                <P>We also expect that the revisit user fee would have some effect in motivating providers and suppliers to improve quality, or if quality problems do occur, to ensure that quality lapses are corrected more quickly than in the past. Both of these positive effects would result in fewer revisit surveys being necessary. However, CMS does acknowledge that the revisit user fee may have a counter effect of prompting providers or suppliers to engage in the informal dispute resolution process to dispute State survey agency decisions more frequently in order to avoid the assessment of a fee. </P>
                <P>We welcome public comment including data on any additional time and costs burden that may affect the public by the assessment of a revisit user fee. </P>
                <HD SOURCE="HD2">C.  Alternatives Considered</HD>
                <P>
                    The revisit user fee in the Continuing Resolution addresses important resource issues in the Medicare survey and certification programming budget.  To implement this revisit user fee process, CMS is required to promulgate a proposed regulation and proposed fee schedule.  CMS has attempted through a variety of methods to address ways of providers and suppliers to improve quality and thus decrease the need to conduct revisit surveys for deficiencies cited prior to the inclusion of a revisit user fee included in the FY 2007 Continuing Resolution.  CMS continues to conduct outreach and educational efforts, quality analysis studies, and review of current regulatory requirements to focus in on health and safety measures. In its outreach efforts, CMS staff continue to present at trade association meetings representing home health agencies, hospices, Skilled nursing facilities/nursing facilities, and other large accreditation organizations.  CMS staff speak to new developments within survey and certification policy, updating of regulations, and expectations that CMS has for those providing services to its Medicare beneficiaries.  CMS in its continued outreach and educational efforts surrounding health and safety requirements regularly posts and shares any modification of policies or program on its CMS survey and certification Web site and through its survey and certification online course delivery systems. See U.S. Centers for Medicare &amp; Medicaid Services. “Certification &amp; Compliance.” Online. 2007. CMS. Available: 
                    <E T="03">http://www.cms.hhs.gov/SurveyCertificationEnforcement/01_Overview.asp.</E>
                     CMS also devoted a substantial part of the work of the Quality Improvement Organizations (QIOs) to educate providers and suppliers on best practices and expectations for meeting Federal health and safety requirements.  Despite these efforts, there continue to be many providers and suppliers that fail to meet Medicare conditions of participation, conditions for coverage or requirements and require revisit surveys to ensure compliance with Federal quality of care requirements.  In addition, costs for these revisits continue to increase.  CMS believes that the assessment of revisit user fees, as directed in the Continuing Resolution, is a piece of the larger efforts to address health care providers and suppliers that have failed to comply with Federal quality of care requirements.
                </P>
                <P>We welcome public comment that would provide some additional insight on other methods that would help to decrease the need for conducting revisits. We welcome input that would address those providers or suppliers who continue to fail to meet Federal quality of care requirements and how we can work collaboratively to ensure quality of care for Medicare beneficiaries. We also seek data or other supported sources that may identify and help to solve the concerns regarding quality and other policy avenues. </P>
                <P>In accordance with Executive Order 12866, this proposed rule has been reviewed by the Office of Management and Budget. </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects </HD>
                    <CFR>42 CFR Part 424 </CFR>
                    <P>Emergency medical services, Health facilities, Health professions, Medicare, Reporting and recordkeeping requirements. </P>
                    <CFR>42 CFR Part 488 </CFR>
                    <P>Administrative practice and procedure, Health facilities, Medicare, Reporting and Recording requirements. </P>
                    <CFR>42 CFR Part 489 </CFR>
                    <P>Health facilities, Medicare, Reporting and recordkeeping requirements. </P>
                    <P>For the reasons set forth in the preamble, the Centers for Medicare &amp; Medicaid Services proposes to amend 42 CFR Chapter IV, parts 424, 488, and 489 as set forth below: </P>
                </LSTSUB>
                <PART>
                    <HD SOURCE="HED">PART 424—CONDITIONS FOR MEDICARE PAYMENT </HD>
                    <P>1. The authority citation for part 424 continues to read as follows: </P>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>Secs. 1102 and 1871 of the Social Security Act, unless otherwise noted (42 U.S.C. 1302 and 1395hh). </P>
                    </AUTH>
                    <SUBPART>
                        <HD SOURCE="HED">Subpart P—Requirements for Establishing and Maintaining Medicare Billing Privileges </HD>
                    </SUBPART>
                    <P>2. Section 424.535 is amended by revising paragraph (a)(1) introductory text to read as follows: </P>
                    <SECTION>
                        <SECTNO>§ 424.535 </SECTNO>
                        <SUBJECT>Revocation of enrollment and billing privileges in the Medicare program. </SUBJECT>
                        <P>(a) * * * </P>
                        <P>
                            (1) 
                            <E T="03">Noncompliance.</E>
                             The provider or supplier is determined not to be in compliance with the enrollment requirements described in this section, or in the enrollment application applicable for its provider or supplier type, and has not submitted a plan of corrective action as outlined in part 488 of this chapter. The provider or supplier may also be determined not to be in compliance if it has failed to pay any user fees as assessed under part 488 of this chapter. All providers and suppliers are granted an opportunity to correct the deficient compliance requirement before a final determination to revoke billing privileges. 
                        </P>
                        <STARS/>
                    </SECTION>
                </PART>
                <PART>
                    <HD SOURCE="HED">PART 488—SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES </HD>
                    <P>1. The authority citation for part 488 continues to read as follows: </P>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>Secs. 1102 and 1871 of the Social Security Act, unless otherwise noted (42 U.S.C. 1302 and 1395hh). </P>
                    </AUTH>
                    <SUBPART>
                        <HD SOURCE="HED">Subpart A—General Provisions </HD>
                    </SUBPART>
                    <P>2. Part 488, subpart A is amended by adding a new § 488.30 to read as follows: </P>
                    <SECTION>
                        <SECTNO>§ 488.30 </SECTNO>
                        <SUBJECT>Revisit user fee for revisit surveys. </SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Definitions.</E>
                             As used in this section, the following definitions apply: 
                        </P>
                        <P>
                            <E T="03">Certification</E>
                             (
                            <E T="03">both initial and recertification</E>
                            ) means those activities as defined in § 488.1. 
                        </P>
                        <P>
                            <E T="03">Complaint surveys</E>
                             means those surveys conducted on the basis of a substantial allegation of noncompliance, as defined in § 488.1. 
                        </P>
                        <P>
                            <E T="03">Provider of services, provider,</E>
                             or 
                            <E T="03">supplier</E>
                             as defined in § 488.1, and ambulatory surgical centers and transplant centers subject to § 416.2 and § 482.70 of this chapter, respectively, 
                            <PRTPAGE P="35683"/>
                            will be subject to user fees unless otherwise exempted. 
                        </P>
                        <P>
                            <E T="03">Revisit survey</E>
                             means a survey performed with respect to a provider or supplier cited for deficiencies during an initial certification, recertification, or substantiated complaint survey and that is designed to evaluate the extent to which previously-cited deficiencies have been corrected and the provider or supplier is in substantial compliance with applicable conditions of participation, requirements, or conditions for coverage. Revisit surveys include both offsite and onsite review. 
                        </P>
                        <P>
                            <E T="03">Substantiated complaint</E>
                             survey means a complaint survey that results in the proof or finding of noncompliance at the time of the survey, a finding that noncompliance was proven to exist, but was corrected prior to the survey, and includes any deficiency that is cited during a complaint survey, whether or not the cited deficiency was the original subject of the complaint.
                        </P>
                        <P>
                            (b) 
                            <E T="03">Criteria for determining the fee.</E>
                             (1) The provider or supplier will be assessed a revisit user fee based upon one or more of the following: 
                        </P>
                        <P>(i) The average cost per provider or supplier type. </P>
                        <P>(ii) The type of revisit survey conducted (onsite or offsite). </P>
                        <P>(iii) The size of the provider or supplier. </P>
                        <P>(iv) The number of follow-up revisits resulting from uncorrected deficiencies. </P>
                        <P>(v) The seriousness and number of deficiencies. </P>
                        <P>(2) CMS may adjust the fees to account for any regional differences in cost. </P>
                        <P>
                            (c) 
                            <E T="03">Fee schedule.</E>
                             CMS will publish in the 
                            <E T="04">Federal Register</E>
                             the proposed and final notices of a uniform fee schedule before it adopts this schedule. The notices will set forth the amounts of the assessed fees based on the criteria as identified in paragraph (b) of this subpart. 
                        </P>
                        <P>
                            (d) 
                            <E T="03">Collection of fees.</E>
                             (1) Fees for revisit surveys under this section may be deducted from amounts otherwise payable to the provider or supplier. As they are collected, fees will be deposited as an offset collection to be used exclusively for survey and certification activities conducted by State survey agencies pursuant to section 1864 of the Act or by CMS, and will be available for CMS until expended. CMS may devise other collection methods as it deems appropriate. In determining these methods, CMS will consider efficiency, effectiveness, and convenience for the providers, suppliers, and CMS. Methods may include: Credit card; electronic fund transfer; check; money order; and offset collections from claims submitted. 
                        </P>
                        <P>(2) Fees for revisit surveys under this section are not allowable items on a cost report, as identified in part 413, subpart B of this chapter, under title XVIII of the Act. </P>
                        <P>
                            (e) 
                            <E T="03">Reconsideration process for revisit user fees.</E>
                             CMS will review revisit user fees if a provider or supplier believes an error of fact has been made, such as clerical errors. A request for reconsideration must be received by CMS within seven calendar days from the date identified on the revisit user fee assessment notice. 
                        </P>
                        <P>
                            (f) 
                            <E T="03">Enforcement.</E>
                             If the full revisit user fee payment is not received within 30 calendar days from the date the provider or supplier receives notice of assessment, CMS may terminate the facility's provider agreement and enrollment in the Medicare program or the supplier's enrollment and participation in the Medicare program. 
                        </P>
                    </SECTION>
                </PART>
                <PART>
                    <HD SOURCE="HED">PART 489—PROVIDER AGREEMENTS AND SUPPLIER APPROVAL </HD>
                    <P>3. The authority citation for part 489 continues to read as follows: </P>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>Secs. 1102, 1819, 1861, 1864(m), 1866, 1869, and 1871 of the Social Security Act, 42 U.S.C. 1302, 1395i-3, 1395x, 1395aa(m), 1395cc, 1395ff, and 1395hh). </P>
                    </AUTH>
                    <SUBPART>
                        <HD SOURCE="HED">Subpart B—Essentials of Provider Agreements </HD>
                    </SUBPART>
                    <P>4. Section 489.20 is amended by adding a new paragraph (u) to read as follows: </P>
                    <SECTION>
                        <SECTNO>§ 489.20 </SECTNO>
                        <SUBJECT>Basic commitments. </SUBJECT>
                        <STARS/>
                        <P>(u) To comply with § 488.30 of this chapter, to pay revisit user fees when and if assessed. </P>
                        <P>5. Section 489.53 is amended by adding a new paragraph (a)(16) to read as follows: </P>
                    </SECTION>
                    <SECTION>
                        <SECTNO>§ 489.53 </SECTNO>
                        <SUBJECT>Termination by CMS. </SUBJECT>
                        <P>(a)  * * * </P>
                        <P>(16) It has failed to pay a revisit user fee when and if assessed. </P>
                        <STARS/>
                        <EXTRACT>
                            <FP>(Catalog of Federal Domestic Assistance Program No. 93.778, Medical Assistance Program) </FP>
                            <FP>(Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) </FP>
                        </EXTRACT>
                    </SECTION>
                    <SIG>
                        <DATED>Dated: April 9, 2007. </DATED>
                        <NAME>Leslie V. Norwalk, </NAME>
                        <TITLE>Acting Administrator, Centers for Medicare &amp; Medicaid Services. </TITLE>
                        <DATED>Approved: June 6, 2007. </DATED>
                        <NAME>Michael O. Leavitt, </NAME>
                        <TITLE>Secretary. </TITLE>
                    </SIG>
                </PART>
            </SUPLINF>
            <FRDOC>[FR Doc. 07-3196 Filed 6-26-07; 4:00 pm] </FRDOC>
            <BILCOD>BILLING CODE 4120-01-P</BILCOD>
        </PRORULE>
    </PRORULES>
    <VOL>72</VOL>
    <NO>125</NO>
    <DATE>Friday, June 29, 2007</DATE>
    <UNITNAME>Notices</UNITNAME>
    <NOTICES>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="35684"/>
                <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE </AGENCY>
                <SUBAGY>Forest Service </SUBAGY>
                <SUBJECT>Coordinated Resource Offering Protocol (CROP) Meeting </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Forest Service, USDA. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of meeting. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Coordinated Resource Offering Protocol (CROP) participants will meet in Salt Lake City, UT, from July 17-19, 2007. The purpose of the meeting is to engage participants on CROP information gathered, analyzed, and used. The meeting will include a public input session from July 17, 1 p.m. until 5 p.m. through July 19, until 3 p.m. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The Salt Lake City, UT meeting will be held from July 17-19, 2007. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>The July 17-19 meeting will be held at the Red Lion Hotel (downtown), 161 West 600 South, Salt Lake City, UT. </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Edmund A. Gee, National Woody Biomass Utilization Team Leader, 202-205-1787 or via e-mail at 
                        <E T="03">eagee@fs.fed.us.</E>
                         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. 
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Under Title II of Sections 201-203 of the Healthy Forests Restoration Act (HFRA) of 2003 (Pub. L. 108-148) provides the authority to obtain information that will help overcome barriers to the production and use of biomass and help communities and businesses create economic opportunity through sustainable use of the Nation's forest resources. CROP is a new biomass removal model employed on 10 pilot biomass projects across the United States. The projects incorporate proposed 5-year removal data from 36 national forests, 105 ranger districts, 41 BLM districts, and multiple natural resource agencies located in 15 states across the United States. CROP is intended to: </P>
                <P>• Coordinate and levelize sustainable removals of biomass between public agencies in each CROP landscape; </P>
                <P>• Facilitate the use of long-term multi-agency stewardship contracts; </P>
                <P>• Heighten environmental and public trust in coordinated, sustainable biomass removal; </P>
                <P>• Increase the ‘surety’ of annual biomass removal contracts from public agencies; and </P>
                <P>• Invite investment back into our Nation's forest landscapes based on sustainable removals of woody biomass. </P>
                <P>Meeting agenda items will specifically focus on (1) reviewing completed CROP results for all 10 geographic pilot areas and (2) securing collaborative, coordinated, and cooperative input from agency personnel and stakeholders regarding CROP deliverables, on-the-ground annual performance, and monitoring protocols. Agenda items will also detail new collaborative contracting provisions and authority that might be used in CROP landscapes; identify lessons learned during the CROP pilots; target any changes required to make CROP a better forest restoration tool; and define CROP data update and contracting protocols that could be initiated in the next 6-12 months. </P>
                <SIG>
                    <DATED>Dated: June 25, 2007. </DATED>
                    <NAME>Gloria Manning, </NAME>
                    <TITLE>Associate Deputy Director, National Forest System.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12623 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 3410-11-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE </AGENCY>
                <SUBAGY>Forest Service </SUBAGY>
                <SUBJECT>Forest Counties Payments Committee Meeting </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Forest Service, USDA. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of meeting. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Forest Counties Payments Committee has scheduled a meeting to discuss how it will provide Congress with the information specified in Section 320 of the Fiscal Year 2001 Interior and Related Agencies Appropriations Act. The meeting is open to the public. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The meeting will be held on July 12, 2007. The meeting will consist of a business meeting from 8 a.m. until 5 p.m. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The meeting will be held in the Council Room on the 2nd floor at the Holiday Inn on the Hill, 415 New Jersey Avenue, NW., Washington, DC 20001. Written comments concerning this meeting should be addressed to Randle G. Phillips, Executive Director, Forest Counties Payments Committee, P.O. Box 34718, Washington, DC 20043-4713. Comments may also be sent via e-mail to 
                        <E T="03">rphillips01@fs.fed.us,</E>
                         or via facsimile to 202-273-4750. 
                    </P>
                    <P>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 USDA Forest Service, Franklin Court Building, Ste. 5500W, 1099 14th Street, NW., Washington, DC 20005. Visitors are encouraged to call ahead to 202-208-6574 to facilitate entry into the building. </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Randle G. Phillips, Executive Director, Forest Counties Payments Committee, at 202-208-6574 or via e-mail at 
                        <E T="03">rphillips01@fs.fed.us.</E>
                    </P>
                    <P>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. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Section 320 of the Interior and Related Agencies Appropriations Act of 2001 created the Forest Counties Payments Committee to make recommendations to Congress on a long-term solution for making Federal payments to eligible States and counties in which Federal lands are situated. The Committee will consider the impact on eligible States and counties of revenues from the historic multiple use of Federal lands; evaluate the economic, environmental, and social benefits which accrue to counties containing Federal lands; evaluate the expenditures by counties on activities occurring on Federal lands, which are Federal responsibilities; and monitor payments and implementation of The Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393). </P>
                <SIG>
                    <PRTPAGE P="35685"/>
                    <DATED>Dated: June 25, 2007. </DATED>
                    <NAME>Tim DeCoster, </NAME>
                    <TITLE>Chief of Staff.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12622 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 3410-11-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE </AGENCY>
                <SUBAGY>Rural Utilities Service </SUBAGY>
                <SUBJECT>Announcement of Grant Application Deadlines and Funding Levels </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Rural Utilities Service, USDA. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of funds availability. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The e Utilities Service (RUS), an agency delivering the United States Department of Agriculture (USDA) Rural Development Utilities Program, hereinafter referred to as Rural Development, announces its Community Connect Grant Program application window for funding during fiscal year (FY) 2007. In addition, RUS announces the minimum and maximum amounts for Community Connect grants applicable for the fiscal year. The Community Connect Grant Program regulations can be found at 7 CFR part 1739, subpart A. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>You may submit completed applications for grants on paper or electronically according to the following deadlines: </P>
                    <P>
                        • Paper copies must carry proof of shipping 
                        <E T="03">no later</E>
                         than August 13, 2007 to be eligible for FY 2007 grant funding. Late applications are not eligible for FY 2007 grant funding. 
                    </P>
                    <P>• Electronic copies must be received by August 13, 2007 to be eligible for FY 2007 grant funding. Late applications are not eligible for FY 2007 grant funding. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Application guides and materials for the Community Connect Grant Program may be found at 
                        <E T="03">http://www.usda.gov/rus/telecom/commconnect.htm.</E>
                         You may also request application guides and materials from Rural Development by contacting the appropriate individual listed in section VII of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section of this notice. Completed applications may be submitted either electronically or by mail. 
                    </P>
                    <P>
                        To submit electronically, follow the instructions provided at 
                        <E T="03">http://www.grants.gov</E>
                         (Grants.gov). 
                    </P>
                    <P>To submit by mail, send your completed packet to Utilities, U.S. Department of Agriculture, 1400 Independence Ave., SW., Room 2870, STOP 1599, Washington, DC 20250-1599. Applications should be marked “Attention: Director, Broadband Division, Rural Development Utilities Program.” </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Kenneth Kuchno, Director, Broadband Division, Rural Development Utilities Program, U.S. Department of Agriculture, telephone: (202) 690-4673, fax: (202) 690-4389. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Overview </HD>
                <P>
                    <E T="03">Federal Agency:</E>
                     Rural Utilities Service (RUS). 
                </P>
                <P>
                    <E T="03">Funding Opportunity Title:</E>
                     Community Connect Grant Program. 
                </P>
                <P>
                    <E T="03">Announcement Type:</E>
                     Initial announcement. 
                </P>
                <P>
                    <E T="03">Catalog of Federal Domestic Assistance (CFDA) Number:</E>
                     10.863. 
                </P>
                <SUPLHD>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>You may submit completed applications for grants on paper or electronically according to the following deadlines: </P>
                    <P>• Paper copies must carry proof of shipping no later than August 13, 2007, to be eligible for FY 2007 grant funding. Late applications are not eligible for FY 2006 grant funding. </P>
                    <P>• Electronic copies must be received by August 13, 2007, to be eligible for FY 2007 grant funding. Late applications are not eligible for FY 2007 grant funding. </P>
                </SUPLHD>
                <HD SOURCE="HD1">Items in Supplementary Information </HD>
                <EXTRACT>
                    <P>
                        <E T="03">I. Funding Opportunity:</E>
                         Brief introduction to the Community Connect Grant Program. 
                    </P>
                    <P>
                        <E T="03">II. Award Information:</E>
                         Available funds and minimum and maximum amounts. 
                    </P>
                    <P>
                        <E T="03">III. Eligibility Information:</E>
                         Who is eligible, what kinds of projects are eligible, what criteria determine basic eligibility. 
                    </P>
                    <P>
                        <E T="03">IV. Application and Submission Information:</E>
                         Where to get application materials, what constitutes a completed application, how and where to submit applications, deadlines, items that are eligible. 
                    </P>
                    <P>
                        <E T="03">V. Application Review Information:</E>
                         Considerations and preferences, scoring criteria, review standards, selection information. 
                    </P>
                    <P>
                        <E T="03">VI. Award Administration Information:</E>
                         Award notice information, award recipient reporting requirements. 
                    </P>
                    <P>
                        <E T="03">VII. Agency Contacts:</E>
                         Web, phone, fax, e-mail, contact name.
                    </P>
                </EXTRACT>
                <HD SOURCE="HD1">I. Funding Opportunity </HD>
                <P>The provision of broadband transmission service is vital to the economic development, education, health, and safety of rural Americans. The purpose of the Community Connect Grant Program is to provide financial assistance in the form of grants to eligible applicants that will provide currently unserved areas with residential and community-oriented broadband transmission service that fosters economic growth and delivers enhanced educational, health care, and public safety services. Rural Development will give priority to rural areas that it believes have the greatest need for broadband transmission services, based on the criteria contained in 7 CFR part 1739. </P>
                <P>Grant authority will be used for the deployment of broadband transmission service to extremely rural, lower-income communities on a “community-oriented connectivity” basis. The “community-oriented connectivity” concept will stimulate practical, everyday uses and applications of broadband facilities by cultivating the deployment of new broadband transmission services that improve economic development and provide enhanced educational and health care opportunities in rural areas. Such an approach will also give rural communities the opportunity to benefit from the advanced technologies that are necessary to achieve these goals. Please see 7 CFR part 1739, subpart A for specifics. </P>
                <P>
                    This notice has been formatted to conform to a policy directive issued by the Office of Federal Financial Management (OFFM) of the Office of Management and Budget (OMB), published in the 
                    <E T="04">Federal Register</E>
                     on June 23, 2003. This Notice does not change the Community Connect Grant Program regulation (7 CFR part 1739, subpart A). 
                </P>
                <HD SOURCE="HD1">II. Award Information </HD>
                <HD SOURCE="HD2">A. Available Funds </HD>
                <P>
                    1. 
                    <E T="03">General.</E>
                     The Administrator has determined that the following amounts are available for grants in FY 2007 under 7 CFR 1739.2(a). 
                </P>
                <P>
                    2. 
                    <E T="03">Grants.</E>
                </P>
                <P>a. $8.91 million in grant funding is available for award. Under 7 CFR 1739.2, the Administrator has established a minimum grant amount of $50,000 and a maximum grant amount of $1,000,000 for FY 2007. </P>
                <P>b. Assistance instrument: Rural Development will execute grant documents with successful applicants appropriate to the project prior to any advance of funds. </P>
                <P>
                    B. More than one Community Connect grant cannot be awarded to the same project. Award documents specify the term of each award. Applications to extend existing projects are welcomed (grant applications must be submitted during the application window) and will be evaluated as new applications. 
                    <PRTPAGE P="35686"/>
                </P>
                <HD SOURCE="HD1">III. Eligibility Information </HD>
                <HD SOURCE="HD2">A. Who is eligible for grants? (See 7 CFR 1739.10.) </HD>
                <P>1. Only entities legally organized as one of the following are eligible for Community Connect Grant Program financial assistance: </P>
                <P>a. An incorporated organization; </P>
                <P>
                    b. An Indian tribe or tribal organization, as defined in 
                    <E T="03">25 U.S.C. 450b(b) and (c);</E>
                </P>
                <P>c. A state or local unit of government; or </P>
                <P>d. A cooperative, private corporation or limited liability company organized on a for-profit or not-for-profit basis. </P>
                <P>2. Individuals are not eligible for Community Connect Grant Program financial assistance directly. </P>
                <P>3. Applicants must have the legal capacity and authority to own and operate the broadband facilities as proposed in its application, to enter into contracts, and to otherwise comply with applicable federal statutes and regulations. </P>
                <HD SOURCE="HD2">B. What are the basic eligibility requirements for a project? </HD>
                <P>1. Required matching contributions. (See 7 CFR 1739.14.) Grant applicants must demonstrate a matching contribution, in cash or in kind (new, non-depreciated items), of at least fifteen (15) percent of the total amount of financial assistance requested. Matching contributions must be used for eligible purposes of Community Connect grant assistance (see 7 CFR 1739.12). </P>
                <P>2. To be eligible for a grant, the Project must (see 7 CFR 1739.11): </P>
                <P>a. Serve a Rural Area where Broadband Transmission Service does not currently exist, to be verified by Rural Development prior to the award of the grant; </P>
                <P>b. Serve one and only one Community recognized in the latest U.S. Census or the latest edition of a Rand McNally Atlas; </P>
                <P>Contiguous areas outside the Community's boundaries that are not recognized in the U.S. Census or Rand McNally Atlas as a separate Community, can be included in the applicant's proposed Service Area. </P>
                <P>c. Deploy Basic Broadband Transmission Service, free of all charges for at least 2 years, to all Critical Community Facilities located within the proposed Service Area; </P>
                <P>d. Offer Basic Broadband Transmission Service to residential and business customers within the proposed Service Area; and </P>
                <P>e. Provide a Community Center with at least ten (10) Computer Access Points within the proposed Service Area, and make Broadband Transmission Service available therein, free of all charges to users for at least two (2) years. </P>
                <P>C. See paragraph IV.C of this notice for a discussion of the items that make up a completed application. You may also refer to 7 CFR 1739.15 for completed grant application items. </P>
                <HD SOURCE="HD1">IV. Application and Submission Information </HD>
                <HD SOURCE="HD2">A. Clarifications to requirements for FY 2007 </HD>
                <P>1. Rural Development clarifies that the definition of “Critical Community Facilities” includes the mandatory Community Center. </P>
                <P>2. For all funding commitments, including all matching fund commitments and commitments made by the applicant, that are required to complete the Project in addition to the Rural Development grant, evidence must be submitted demonstrating that funding arrangements have been obtained. This evidence must: </P>
                <P>a. Clearly state the name of the entity making the commitment; </P>
                <P>b. The amount of the commitment; and </P>
                <P>c. The purpose of commitment. </P>
                <HD SOURCE="HD2">B. Where To Get Application Information </HD>
                <P>The application guide, copies of necessary forms and samples, and the Community Connect Grant Program regulation are available on the Internet or by phone as follows: </P>
                <P>
                    1. Information is available on the Internet at: 
                    <E T="03">http://www.usda.gov/rus/telecom/commconnect.htm,</E>
                     or 
                    <E T="03">http://www.grants.gov.</E>
                </P>
                <P>2. For paper copies of these materials, call the Rural Development Broadband Division at: (202) 690-4673. </P>
                <HD SOURCE="HD2">C. What constitutes a completed application? </HD>
                <P>1. Detailed information on required items can be found in the Community Connect Grant Program regulation (7 CFR 1739) and the Community Connect Grant Program application guide. Applicants are strongly encouraged to read and apply both the regulation and the application guide. This Notice does not change the requirements for a completed application for any form of Community Connect Grant Program financial assistance specified in the Community Connect Grant Program regulation. The Community Connect Grant Program regulation and the application guide provide specific guidance on each of the items listed and the Community Connect Grant Program application guide provides all necessary forms and sample worksheets. </P>
                <P>2. Applications should be prepared in conformance with the provisions in 7 CFR 1739, subpart A, and applicable USDA regulations including 7 CFR parts 3015, 3016, and 3019. In preparing an application, applicants must use the Rural Development Application Guide for this program which contains instructions and all necessary forms, as well as other important information. Completed applications must include the following: </P>
                <P>
                    a. 
                    <E T="03">An Application for Federal Assistance.</E>
                     A completed Standard Form (SF) 424. 
                </P>
                <P>
                    b. 
                    <E T="03">An executive summary of the Project.</E>
                     The applicant must provide Rural Development with a general project overview. 
                </P>
                <P>
                    c. 
                    <E T="03">Scoring criteria documentation.</E>
                     Each grant applicant must address and provide documentation on how it meets each of the scoring criteria detailed 7 CFR 1739.17. 
                </P>
                <P>
                    d. 
                    <E T="03">System design.</E>
                     The applicant must submit a system design containing narrative specifics of the proposal, associated costs, maps, engineering design studies, technical specifications and system capabilities, etc. 
                </P>
                <P>
                    e. 
                    <E T="03">Scope of work.</E>
                     The scope of work must include: Specific activities and services to be performed under the proposal; identification of who will carry out the activities and services; specific time-frames for completion; and a budget for all capital and administrative expenditures reflecting the line item costs for all grant purposes, the matching contribution, and other sources of funds necessary to complete the project. 
                </P>
                <P>
                    f. 
                    <E T="03">Community-Oriented Connectivity Plan.</E>
                     The applicant must provide a detailed plan on how their project will connect community residents, businesses, and community facilities to broadband transmission services. (See the application guide for more information.) 
                </P>
                <P>
                    g. 
                    <E T="03">Financial information and sustainability.</E>
                     The applicant must provide financial statements and information and a narrative description demonstrating the sustainability of the Project. (See the application guide for more information.) 
                </P>
                <P>
                    h. 
                    <E T="03">A statement of experience.</E>
                     The applicant must provide a written narrative describing its demonstrated capability and experience, if any, in operating a broadband telecommunications system. 
                </P>
                <P>
                    i. 
                    <E T="03">Evidence of legal authority and existence.</E>
                     The applicant must provide evidence of its legal existence and authority to enter into a grant agreement 
                    <PRTPAGE P="35687"/>
                    with RUS and to perform the activities proposed under the grant application. 
                </P>
                <P>
                    j. 
                    <E T="03">Funding commitment from other sources.</E>
                     If the Project requires funding from other sources in addition to the Rural Development grant, the applicant must provide evidence that funding agreements have been obtained to ensure completion of the Project. 
                </P>
                <P>
                    k. 
                    <E T="03">Compliance with other federal statutes.</E>
                     The applicant must provide evidence of compliance with other federal statutes and regulations, including, but not limited to the following: 
                </P>
                <P>(i) 7 CFR part 15, subpart A—Nondiscrimination in Federally Assisted Programs of the Department of Agriculture—Effectuation of Title VI of the Civil Rights Act of 1964. </P>
                <P>(ii) 7 CFR part 3015—Uniform Federal Assistance Regulations. </P>
                <P>(iii) 7 CFR part 3017—Governmentwide Debarment and Suspension (Non-procurement). </P>
                <P>(iv) 7 CFR part 3018—New Restrictions on Lobbying. </P>
                <P>(v) 7 CFR part 3021—Governmentwide Requirements for Drug-Free Workplace (Financial Assistance). </P>
                <P>(vi) Certification regarding Architectural Barriers. </P>
                <P>(vii) Certification regarding Flood Hazard Precautions. </P>
                <P>(viii) An environmental report, in accordance with 7 CFR 1794. </P>
                <P>(ix) Certification that grant funds will not be used to duplicate lines, facilities, or systems providing Broadband Transmission Service. </P>
                <P>(x) Federal Obligation Certification on Delinquent Debt. </P>
                <P>3. DUNS Number. As required by the OMB, all applicants for grants must now supply a Dun and Bradstreet Data Universal Numbering System (DUNS) number when applying. The SF-424 contains a field for the applicant to use when supplying the DUNS number. Obtaining a DUNS number costs nothing and requires a short telephone call to Dun and Bradstreet. Please see the Community Connect Web site or Grants.gov for more information on how to obtain a DUNS number or how to verify your organization's number. </P>
                <HD SOURCE="HD2">D. How many copies of an application are required? </HD>
                <P>1. Applications submitted on paper: Submit the original application and two (2) copies to Rural Development. </P>
                <P>2. Electronically submitted applications: The additional paper copies are not necessary if you submit the application electronically through Grants.gov. </P>
                <HD SOURCE="HD2">E. How and Where To Submit an Application </HD>
                <P>Grant applications may be submitted on paper or electronically. </P>
                <P>1. Submitting applications on paper. </P>
                <P>a. Address paper applications for grants to the Rural Development, Utilities Program, U.S. Department of Agriculture, 1400 Independence Ave., SW., Room 2870, STOP 1599, Washington, DC 20250-1599. Applications should be marked “Attention: Director, Broadband Division, Rural Development Utilities Program.” </P>
                <P>b. Paper applications must show proof of mailing or shipping consisting of one of the following: </P>
                <P>(i) A legibly dated U.S. Postal Service (USPS) postmark; </P>
                <P>(ii) A legible mail receipt with the date of mailing stamped by the USPS; or </P>
                <P>(iii) A dated shipping label, invoice, or receipt from a commercial carrier. </P>
                <P>c. Due to screening procedures at the Department of Agriculture, packages arriving via the USPS are irradiated, which can damage the contents. Rural Development encourages applicants to consider the impact of this procedure in selecting their application delivery method. </P>
                <P>2. Electronically submitted applications. </P>
                <P>a. Applications will not be accepted via facsimile machine transmission or electronic mail. </P>
                <P>
                    b. Electronic applications for grants will be accepted if submitted through the Federal government's Grants.gov initiative at 
                    <E T="03">http://www.grants.gov.</E>
                </P>
                <P>c. How to use Grants.gov: </P>
                <P>
                    (i) Navigate your Web browser to 
                    <E T="03">http://www.grants.gov.</E>
                </P>
                <P>(ii) Follow the instructions on that Web site to find grant information. </P>
                <P>(iii) Download a copy of the application package. </P>
                <P>(iv) Complete the package off-line. </P>
                <P>(v) Upload and submit the application via the Grants.gov Web site. </P>
                <P>d. Grants.gov contains full instructions on all required passwords, credentialing and software. </P>
                <P>e. Rural Development encourages applicants who wish to apply through Grants.gov to submit their applications in advance of the deadline. </P>
                <P>f. If a system problem occurs or you have technical difficulties with an electronic application, please use the customer support resources available at the Grants.gov Web site. </P>
                <HD SOURCE="HD2">F. Deadlines </HD>
                <P>1. Paper applications must be postmarked and mailed, shipped, or sent overnight no later than August 13, 2007 to be eligible for FY 2007 grant funding. Late applications are not eligible for FY 2007 grant funding. </P>
                <P>2. Electronic grant applications must be received by August 13, 2007 to be eligible for FY 2007 funding. Late applications are not eligible for FY 2007 grant funding. </P>
                <HD SOURCE="HD2">G. Funding Restrictions </HD>
                <P>
                    1. 
                    <E T="03">Eligible grant purposes.</E>
                     Grant funds may be used to finance: 
                </P>
                <P>a. The construction, acquisition, or leasing of facilities, including spectrum, to deploy Broadband Transmission Service to all participating Critical Community Facilities and all required facilities needed to offer such service to residential and business customers located within the proposed Service Area; </P>
                <P>b. The improvement, expansion, construction, or acquisition of a Community Center that furnishes free access to broadband Internet service, provided that the Community Center is open and accessible to area residents before, during, and after normal working hours and on Saturday or Sunday. Grant funds provided for such costs shall not exceed the greater of five percent (5%) of the grant amount requested or $100,000; </P>
                <P>c. End-User Equipment needed to carry out the Project; </P>
                <P>d. Operating expenses incurred in providing Broadband Transmission Service to Critical Community Facilities for the first two (2) years of operation and in providing training and instruction; and </P>
                <P>e. The purchase of land, buildings, or building construction needed to carry out the Project. </P>
                <P>
                    2. 
                    <E T="03">Ineligible grant purposes.</E>
                </P>
                <P>a. Grant funds may not be used to finance the duplication of any existing Broadband Transmission Service provided by another entity. </P>
                <P>b. Facilities financed with grant funds cannot be utilized, in any way, to provide local exchange telecommunications service to any person or entity already receiving such service. </P>
                <P>3. Please see 7 CFR 1739.3 for definitions, 7 CFR 1739.12 for eligible grant purposes, and 7 CFR 1739.13 for ineligible grant purposes </P>
                <HD SOURCE="HD1">V. Application Review Information </HD>
                <HD SOURCE="HD2">A. Criteria </HD>
                <P>1. Grant applications are scored competitively and subject to the criteria listed below. </P>
                <P>
                    2. Grant application scoring criteria (total possible points: 100) See 7 CFR 1739.17 for the items that will be 
                    <PRTPAGE P="35688"/>
                    reviewed during scoring and for scoring criteria. 
                </P>
                <P>a. The rurality of the Project (up to 40 points); </P>
                <P>b. The economic need of the Project's Service Area (up to 30 points); and </P>
                <P>c. The benefits derived from the proposed service to the community residents, businesses, and critical facilities (up to 30 points). </P>
                <HD SOURCE="HD2">B. Review Standards </HD>
                <P>1. All applications for grants must be delivered to Rural Development at the address and by the date specified in this notice (see also 7 CFR 1739.2) to be eligible for funding. Rural Development will review each application for conformance with the provisions of this part. Rural Development may contact the applicant for additional information or clarification. </P>
                <P>2. Incomplete applications as of the deadline for submission will not be considered. If an application is determined to be incomplete, the applicant will be notified in writing and the application will be returned with no further action. </P>
                <P>3. Applications conforming with this part will then be evaluated competitively by a panel of RUS employees selected by the Administrator of Rural Development, and will be awarded points as described in the scoring criteria in 7 CFR 1739.17. Applications will be ranked and grants awarded in rank order until all grant funds are expended. </P>
                <P>4. Regardless of the score an application receives, if Rural Development determines that the Project is technically or financially infeasible, Rural Development will notify the applicant, in writing, and the application will be returned with no further action. </P>
                <HD SOURCE="HD2">C. Selection Process </HD>
                <P>Rural Development selects applications based on those rankings, subject to the availability of funds. </P>
                <HD SOURCE="HD1">VI. Award Administration Information </HD>
                <HD SOURCE="HD2">A. Award Notices </HD>
                <P>Rural Development recognizes that each funded project is unique, and therefore may attach conditions to a project as part of the award. Rural Development generally notifies applicants whose projects are selected for awards by faxing an award letter. Rural Development follows the award letter with a grant agreement that contains all the terms and conditions for the grant. An applicant must execute and return the grant agreement, accompanied by any additional items required by the grant agreement. </P>
                <HD SOURCE="HD2">B. Administrative and National Policy Requirements </HD>
                <P>The items listed in paragraph IV.B.2.k of this notice, and the Community Connect Grant Program regulation, application guide and accompanying materials implement the appropriate administrative and national policy requirements. </P>
                <HD SOURCE="HD2">C. Reporting </HD>
                <P>
                    1. 
                    <E T="03">Performance reporting.</E>
                     All recipients of Community Connect Grant Program financial assistance must provide annual performance activity reports to Rural Development until the project is complete and the funds are expended. A final performance report is also required; the final report may serve as the last annual report. The final report must include an evaluation of the success of the project. See 7 CFR 1739.19. 
                </P>
                <P>
                    2. 
                    <E T="03">Financial reporting.</E>
                     All recipients of Community Connect Grant Program financial assistance must provide an annual audit, beginning with the first year a portion of the financial assistance is expended. Audits are governed by United States Department of Agriculture audit regulations. Please see 7 CFR 1739.20. 
                </P>
                <HD SOURCE="HD1">VII. Agency Contacts </HD>
                <P>
                    A. 
                    <E T="03">Web site: http://www.usda.gov/rus/commconnect.htm.</E>
                     This Web site maintains up-to-date resources and contact information for the Community Connect Grant Program. 
                </P>
                <P>
                    B. 
                    <E T="03">Phone:</E>
                     202-690-4673. 
                </P>
                <P>
                    C. 
                    <E T="03">Fax:</E>
                     202-690-4389. 
                </P>
                <P>
                    D. 
                    <E T="03">Main point of contact:</E>
                     Kenneth Kuchno, Director, Broadband Division, Rural Development Utilities Program, U.S. Department of Agriculture. 
                </P>
                <SIG>
                    <DATED>Dated: June 21, 2007. </DATED>
                    <NAME>James M. Andrew, </NAME>
                    <TITLE>Administrator, Rural Utilities Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12735 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 3410-15-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED </AGENCY>
                <SUBJECT>Procurement List; Addition and Deletions </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Committee for Purchase From People Who Are Blind or Severely Disabled. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Addition to and Deletions from the Procurement List.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This action adds to the Procurement List a product to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List products and services previously furnished by such agencies. </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">EFFECTIVE DATE:</HD>
                    <P>July 29, 2007. </P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT:</HD>
                    <P>
                        Kimberly M. Zeich, Telephone: (703) 603-7740, Fax: (703) 603-0655, or e-mail 
                        <E T="03">CMTEFedReg@jwod.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Addition </HD>
                <P>On May 4, 2007, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (72 FR 25244) of proposed additions to the Procurement List. </P>
                <P>After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the products and impact of the additions on the current or most recent contractors, the Committee has determined that the products listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. </P>
                <HD SOURCE="HD2">Regulatory Flexibility Act Certification </HD>
                <P>I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: </P>
                <P>1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products to the Government. </P>
                <P>2. The action will result in authorizing small entities to furnish the products to the Government. </P>
                <P>3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products proposed for addition to the Procurement List. </P>
                <HD SOURCE="HD2">End of Certification </HD>
                <P>Accordingly, the following products are added to the Procurement List: </P>
                <EXTRACT>
                    <HD SOURCE="HD1">Products </HD>
                    <FP SOURCE="FP-2">
                        <E T="03">Binder, Loose-leaf:</E>
                    </FP>
                    <FP SOURCE="FP1-2">
                        <E T="03">NSN:</E>
                         7510-00-281-6180—Black, 1′ Capacity for 8
                        <FR>1/2</FR>
                         x 11” sheets, Turned Edge. 
                    </FP>
                    <FP SOURCE="FP1-2">
                        <E T="03">NSN:</E>
                         7510-00-530-8881—Black, 2′ Capacity for 8
                        <FR>1/2</FR>
                         x 11” sheets, Turned Edge. 
                        <PRTPAGE P="35689"/>
                    </FP>
                    <FP SOURCE="FP1-2">
                        <E T="03">NSN:</E>
                         7510-01-203-8814—White, 2′ Capacity, view binder for 8
                        <FR>1/2</FR>
                         x 11” sheets. 
                    </FP>
                    <FP SOURCE="FP1-2">
                        <E T="03">NSN:</E>
                         7510-01-278-4130—Black, 2′ Capacity for 8
                        <FR>1/2</FR>
                         x 11” sheets. 
                    </FP>
                    <FP SOURCE="FP1-2">
                        <E T="03">NSN:</E>
                         7510-01-283-5274—Black, 1/2′ Capacity view binder for 8
                        <FR>1/2</FR>
                         x 11” sheets. 
                    </FP>
                    <FP SOURCE="FP1-2">
                        <E T="03">NSN:</E>
                         7510-01-425-6139—Red, 
                        <FR>1/2</FR>
                        ′ Capacity, view binder for 8
                        <FR>1/2</FR>
                         x 11′ sheets. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Coverage:</E>
                         A-List for the total Government requirements as specified by the General Services Administration. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">NPA:</E>
                         South Texas Lighthouse for the Blind, Corpus Christi, TX. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Contracting Activity:</E>
                         General Services Administration, Region 2, New York, NY. 
                    </FP>
                </EXTRACT>
                <HD SOURCE="HD1">Deletions </HD>
                <P>On May 4, 2007, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (72 FR 25244) of proposed deletions to the Procurement List. </P>
                <P>After consideration of the relevant matter presented, the Committee has determined that the products and services listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. </P>
                <HD SOURCE="HD2">Regulatory Flexibility Act Certification </HD>
                <P>I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: </P>
                <P>1. The action may result in additional reporting, recordkeeping or other compliance requirements for small entities. </P>
                <P>2. The action may result in authorizing small entities to furnish the products and services to the Government. </P>
                <P>3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products and services deleted from the Procurement List. </P>
                <HD SOURCE="HD2">End of Certification </HD>
                <P>Accordingly, the following products and services are deleted from the Procurement List: </P>
                <EXTRACT>
                    <HD SOURCE="HD1">Products </HD>
                    <FP SOURCE="FP-2">
                        <E T="03">Innerspring Mattress Rehabilitation (w/handles):</E>
                    </FP>
                    <FP SOURCE="FP1-2">
                        <E T="03">NSN:</E>
                         7699 GRP I Hndl—Less than 36 
                    </FP>
                    <FP SOURCE="FP1-2">
                        <E T="03">NSN:</E>
                         7699 GRP II Hndl—36 
                    </FP>
                    <FP SOURCE="FP1-2">
                        <E T="03">NSN:</E>
                         7699 GRP III Hndl—Over 41 
                    </FP>
                    <FP SOURCE="FP1-2">
                        <E T="03">NSN:</E>
                         7699 GRP IV Hndl—Over 49 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Innerspring Mattress Rehabilitation (w/o handles):</E>
                    </FP>
                    <FP SOURCE="FP1-2">
                        <E T="03">NSN:</E>
                         7699 GRP I w/o—Less than 36 
                    </FP>
                    <FP SOURCE="FP1-2">
                        <E T="03">NSN:</E>
                         7699 GRP II w/o—36 
                    </FP>
                    <FP SOURCE="FP1-2">
                        <E T="03">NSN:</E>
                         7699 GRP III w/o—Over 41 
                    </FP>
                    <FP SOURCE="FP1-2">
                        <E T="03">NSN:</E>
                         7699 GRP IV w/o—Over 49 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">NPA:</E>
                         Georgia Industries for the Blind, Bainbridge, GA 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">NPA:</E>
                         L.C. Industries for the Blind, Inc., Durham, NC. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">NPA:</E>
                         Lions Volunteer Blind Industries, Inc., Morristown, TN. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">NPA:</E>
                         Mississippi Industries for the Blind, Jackson, MS. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">NPA:</E>
                         Virginia Industries for the Blind, Charlottesville VA. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">NPA:</E>
                         Winston-Salem Industries for the Blind, Winston-Salem, NC. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Contracting Activity:</E>
                         General Services Administration, Southwest Supply Center, Fort Worth, TX. 
                    </FP>
                </EXTRACT>
                <EXTRACT>
                    <HD SOURCE="HD1">Services </HD>
                    <FP SOURCE="FP-2">Service Type/Location: Janitorial/Custodial, Austin Straubel International Airport, (ATCT and Base Building), 2077 Airport Drive, Green Bay, WI. </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">NPA:</E>
                         ASPIRO, Inc., Green Bay, WI. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Contracting Activity:</E>
                         Federal Aviation Administration, Des Plaines, IL. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Service Type/Location:</E>
                         Janitorial/Custodial, Iowa Air National Guard, (185th Air National Guard Base), Sioux Gateway Airport, Sioux City, IA. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">NPA:</E>
                         Goodwill Community Rehabilitation Services, Inc., Sioux City, IA. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Contracting Activity:</E>
                         Department of the Air Force. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Service Type/Location:</E>
                         Janitorial/Custodial, U.S. Army Reserve Center (Middletown), Middletown, CT. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">NPA:</E>
                         Allied Community Services, Inc., Enfield, CT. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Contracting Activity:</E>
                         Department of the Army, Devens Reserve Forces, MA. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Service Type/Location:</E>
                         Laundry Service, U.S. Air Force Academy (Cadet Dining Hall), Colorado Springs, CO. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">NPA:</E>
                         Goodwill Industrial Services Corporation, Colorado Springs, CO. 
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Contracting Activity:</E>
                         U.S. Air Force Academy, Colorado Springs, CO. 
                    </FP>
                </EXTRACT>
                <SIG>
                    <NAME>Kimberly M. Zeich, </NAME>
                    <TITLE>Director, Program Operations.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12641 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6353-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED </AGENCY>
                <SUBJECT>Procurement List (Proposed Addition) </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Committee for Purchase From People Who Are Blind or Severely Disabled. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Proposed Addition to the Procurement List. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Committee is proposing to add to the Procurement List products to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. </P>
                </SUM>
                <PREAMHD>
                    <HD SOURCE="HED">COMMENTS MUST BE RECEIVED ON OR BEFORE:</HD>
                    <P> July 29, 2007. </P>
                </PREAMHD>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT:</HD>
                    <P>Kimberly M. Zeich, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email CMTEFedReg@jwod.gov. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published pursuant to 41 U.S.C. 47(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. </P>
                <P>If the Committee approves the proposed additions, the entities of the Federal Government identified in the notice for each product or service will be required to procure the products listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. </P>
                <HD SOURCE="HD1">Regulatory Flexibility Act Certification </HD>
                <P>I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: </P>
                <P>1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products to the Government. </P>
                <P>2. If approved, the action will result in authorizing small entities to furnish the products to the Government. </P>
                <P>3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products proposed for addition to the Procurement List. </P>
                <P>Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. </P>
                <HD SOURCE="HD1">End of Certification </HD>
                <P>The following products are proposed for addition to Procurement List for production by the nonprofit agencies listed: </P>
                <EXTRACT>
                    <HD SOURCE="HD2">Products </HD>
                    <FP SOURCE="FP-2">Liner, Parka, U.S. Navy </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-3971—XSMALL-XShort </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-3988—SMALL-XShort </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-3990—MEDIUM-XShort </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-3997—LARGE-XShort </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4001—XSMALL-Short </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4011—SMALL-Short </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4028—MEDIUM-Short </FP>
                    <FP SOURCE="FP1-2">
                        NSN: 8415-01-539-4031—LARGE-Short 
                        <PRTPAGE P="35690"/>
                    </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4041—XLARGE-Short </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4045—XSMALL-Reg </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4049—SMALL-Reg </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4056—MEDIUM-Reg </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4058—LARGE-Reg </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4109—XLARGE-Reg </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4114—2XLARGE-Reg </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4119—XSMALL-LONG </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4609—SMALL-LONG </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4619—MEDIUM-LONG </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4625—LARGE-LONG </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4631—XLARGE-LONG </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4635—2XLARGE-LONG </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4658—SMALL-XLong </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4664—MEDIUM-XLong </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4667—LARGE-XLong </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4671—XLARGE-XLong </FP>
                    <FP SOURCE="FP1-2">NSN: 8415-01-539-4677—2XLARGE-XLong</FP>
                    <P>Coverage: C-List—The requirement being proposed for addition to the Procurement List is limited to 735,000 units over a three year period of any combination of the NSNs for Defense Supply Center Philadelphia, Philadelphia, PA</P>
                    <FP SOURCE="FP-2">NPA: Bestwork Industries for the Blind, Inc., Runnemede, NJ </FP>
                    <FP SOURCE="FP-2">NPA: San Antonio Lighthouse for the Blind, San Antonio, TX </FP>
                    <FP SOURCE="FP-2">NPA: Winston-Salem Industries for the Blind, Winston-Salem, NC </FP>
                    <FP SOURCE="FP-2">Contracting Activity: Defense Supply Center Philadelphia, Philadelphia, PA</FP>
                </EXTRACT>
                <SIG>
                    <NAME>Kimberly M. Zeich, </NAME>
                    <TITLE>Director, Program Operations.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12642 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6353-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED </AGENCY>
                <SUBJECT>Revision to Notice of Quarterly Update of the A-List and Movement of Products Between the A-List, B-List and C-List </SUBJECT>
                <P>The Committee is making a revision to the notice published June 8, 2007 (72 FR 31806) to include the following item on the list of products that moved from the B-List to the A-List: </P>
                <P>NSN: 7510-00-161-4237—Stamp Pad Ink—Black Applicator Bottle. </P>
                <SIG>
                    <NAME>Kimberly M. Zeich, </NAME>
                    <TITLE>Director, Program Operations. </TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12643 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6353-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <SUBJECT>Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part and Deferral of Administrative Review</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Import Administration, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Commerce (“the Department”) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with May anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received a request to revoke one antidumping duty order in part and to defer the initiation of an administrative review for another antidumping duty order.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">EFFECTIVE DATE:</HD>
                    <P>June 29, 2007.</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sheila E. Forbes, Office of AD/CVD Operations, Customs Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230, telephone: (202) 482-4697.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>The Department has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various antidumping and countervailing duty orders and findings with May anniversary dates. The Department also received a request to revoke in part the antidumping duty order on Antifriction Ball Bearings and Parts Thereof from the United Kingdom for one exporter. In addition, the Department received a request to defer for one year the initiation of the May 1, 2006 through April 30, 2007 administrative review of the antidumping duty order on Pure Magnesium from the People's Republic of China with respect to one exporter in accordance with 19 CFR 351.213(c). The Department received no objections to this request from any party cited in 19 CFR 351.213(c)(l)(ii).</P>
                <HD SOURCE="HD1">Initiation of Reviews</HD>
                <P>In accordance with 19 CFR 351.221(c)(1)(i), we are initiating administrative reviews of the following antidumping and countervailing duty orders and findings. We intend to issue the final results of these reviews not later than May 31, 2008. Also, in accordance with 19 CFR 351.213(c), we are deferring for one year the initiation of the May 1, 2006 through April 30, 2007 administrative review of the antidumping duty order on Pure Magnesium from the People's Republic of China with respect to one exporter.</P>
                <GPOTABLE COLS="2" OPTS="L2,i1" CDEF="s50,25">
                    <BOXHD>
                        <CHED H="1">Antidumping Duty Proceedings</CHED>
                        <CHED H="1">Period to be Reviewed</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">BELGIUM: Stainless Steel Plate in Coils</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">A-423-808</ENT>
                        <ENT>5/1/06 - 4/30/07</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Ugine &amp; ALZ Belgium</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">REPUBLIC OF KOREA: Certain Polyester Staple Fiber</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">A-580-839</ENT>
                        <ENT>5/1/06 - 4/30/07</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Huvis Corporation</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Saehan Industries, Inc.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Estal Industry Co., Ltd.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Daeyang Industrial Co., Ltd.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Samyang</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">TAIWAN: Polyester Staple Fiber</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">A-583-833</ENT>
                        <ENT>5/1/06 - 4/30/07</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Far Eastern Textile Ltd.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            THE PEOPLE'S REPUBLIC OF CHINA:Pure Magnesium
                            <SU>1</SU>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">A-570-832</ENT>
                        <ENT>5/1/06 - 4/30/07</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="35691"/>
                        <ENT I="05">Shanxi Datuhe Coke &amp; Chemicals Co., Ltd.</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         If one of the above-named companies does not qualify for a separate rate, all other exporters of Pure Magnesium from the People's Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.
                    </TNOTE>
                </GPOTABLE>
                <GPOTABLE COLS="2" OPTS="L2,i1" CDEF="s50,25">
                    <BOXHD>
                        <CHED H="1">Antifriction Bearings Proceedings and Firms</CHED>
                        <CHED H="1">Period/Class or Kind</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">FRANCE: A-427-801</ENT>
                        <ENT>5/1/06 - 4/30/07</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">SKF France S.A. and SKF Aerospace France S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">SNR Roulements</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Hauni Maschinenbau AG</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Hauni London Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Decoufle s.a.r.l.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Baltic Metalltechnik GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Hauni Primary GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Universelle Engineering U.N. I. GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans L+K GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Societe Nexans</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">S.A.S. Essex Nexans</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans IVA</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans UK Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Focke &amp; Co./FOPAC Maschinenbau GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">RBK Machinery Sales</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Molins PLC</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">ITCM</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Molins Tobacco Machinery Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Molmac Engineering Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Cerulean Packing Machinery</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">IKN GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Lentz &amp; Schmahl GmbH &amp; Co. KG</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Christian Feddersen GmbH &amp; Co. KG</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">WWC Service-Center GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Brasanti Macchine S.p.A.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Group</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Blowing &amp; Services S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Engineering &amp; Turnkey S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Conveying S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Filling Food S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Cermex</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Italia</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel UK Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">GERMANY: A-428-801</ENT>
                        <ENT>5/1/06 - 4/30/07</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Gebrueder Reinfurt GmbH &amp; Co., KG</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Schaeffler KG</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">NMB-minebea GmbH and Minebea Co., Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">SKF GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Hauni Maschinenbau AG</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Hauni London Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Decoufle s.a.r.l.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Baltic Metalltechnik GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Hauni Primary GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Universelle Engineering U.N. I. GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans L+K GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="04">Societe Nexans</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">S.A.S. Essex Nexans</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans IVA</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans UK Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Focke &amp; Co./FOPAC Maschinenbau GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">RBK Machinery Sales</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Molins PLC</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">ITCM</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Molins Tobacco Machinery Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Molmac Engineering Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Cerulean Packing Machinery</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">IKN GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Lentz &amp; Schmahl GmbH &amp; Co. KG</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Christian Feddersen GmbH &amp; Co. KG</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">WWC Service-Center GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="35692"/>
                        <ENT I="05">Brasanti Macchine S.p.A.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Group</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Blowing &amp; Services S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Engineering &amp; Turnkey S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Conveying S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Filling Food S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Cermex</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Italia</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel UK Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ITALY: A-475-801</ENT>
                        <ENT>5/1/06 - 4/30/07</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Schaeffler Italia SpA (formerly FAG Italia SpA)</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">SKF Industrie S.p.A.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Hauni Maschinenbau AG</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Hauni London Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Decoufle s.a.r.l.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Baltic Metalltechnik GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Hauni Primary GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Universelle Engineering U.N. I. GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans L+K GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Societe Nexans</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">S.A.S. Essex Nexans</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans IVA</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans UK Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Focke &amp; Co./FOPAC Maschinenbau GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">RBK Machinery Sales</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Molins PLC</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">ITCM</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Molins Tobacco Machinery Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Molmac Engineering Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Cerulean Packing Machinery</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">IKN GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Lentz &amp; Schmahl GmbH &amp; Co. KG</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Christian Feddersen GmbH &amp; Co. KG</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">WWC Service-Center GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Brasanti Macchine S.p.A.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Group</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Blowing &amp; Services S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Engineering &amp; Turnkey S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Conveying S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Filling Food S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Cermex</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Italia</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel UK Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">JAPAN: A-588-804</ENT>
                        <ENT>5/1/06 - 4/30/07</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Aisin Seiki Company, Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Asahi Seiko Co., Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Canon, Inc.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">JTEKT Corporation</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Minebea Co., Ltd. and NMB/Minebea Co., Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Mori Seiki Co., Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Nachi-Fujikoshi Corporation</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Nankai Seiko Co., Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Nippon Pillow Block Company Limited</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">NSK Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">NTN Corporation</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sapporo Precision, Inc.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Toyota Motor Corporation/Toyota Industries Corporation</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Yamazaki Mazak Trading Company</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">UNITED KINGDOM: A-412-801</ENT>
                        <ENT>5/1/06 - 4/30/07</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">NMB-minebea UK, Ltd. and Minebea Co., Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">NSK Bearings Europe</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Rolls Royce PLC</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">The Barden Corporation (U.K.), Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Hauni Maschinenbau AG</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Hauni London Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Decoufle s.a.r.l.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Baltic Metalltechnik GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Hauni Primary GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Universelle Engineering U.N. I. GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans L+K GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="35693"/>
                        <ENT I="05">Societe Nexans</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">S.A.S. Essex Nexans</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans IVA</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans UK Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Essex Nexans</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Focke &amp; Co./FOPAC Maschinenbau GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">RBK Machinery Sales</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Molins PLC</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">ITCM</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Molins Tobacco Machinery Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Molmac Engineering Ltd.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Cerulean Packing Machinery</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">IKN GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Lentz &amp; Schmahl GmbH &amp; Co. KG</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Christian Feddersen GmbH &amp; Co. KG</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">WWC Service-Center GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Brasanti Macchine S.p.A.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Group</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Blowing &amp; Services S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Engineering &amp; Turnkey S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Conveying S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Filling Food S.A.S.</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Cermex</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel GmbH</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel Italia</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Sidel UK Ltd</ENT>
                        <ENT>Ball</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="02">Countervailing Duty Proceedings</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">BELGIUM: Stainless Steel Plate in Coils</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">C-423-809</ENT>
                        <ENT>1/1/06 - 12/31/06</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">
                            Ugine &amp; ALZ Belgium
                            <SU>2</SU>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="02">Suspension Agreements</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">None.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            <E T="02">Deferral of Initiation of Administrative Review</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">THE PEOPLE'S REPUBLIC OF CHINA: Pure Magnesium</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">A-570-832</ENT>
                        <ENT>5/1/06 - 4/30/07</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="05">Tianjin Magnesium Internaitonal Co., Ltd.</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>2</SU>
                         Ugine &amp; ALZ Belgium claims to be the successor-in-interest to ALZ N.V.
                    </TNOTE>
                </GPOTABLE>
                <P>During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping duty order under 19 CFR 351.211 or a determination under 19 CFR 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine, consistent with FAG Italia v.United States, 291 F.3d 806 (Fed. Cir. 2002), as appropriate, whether antidumping duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested.</P>
                <P>Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305.</P>
                <P>These initiations and this notice are in accordance with section 751(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1675(a)), and 19 CFR 351.221(c)(1)(i).</P>
                <SIG>
                    <DATED>Dated: June 25, 2007.</DATED>
                    <NAME>Susan H. Kuhbach,</NAME>
                    <TITLE>Acting Deputy Assistant Secretary for Import Administration.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12644 Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-S</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <RIN>RIN 0648-XB05</RIN>
                <SUBJECT>Endangered and Threatened Species; Take of Anadromous Fish</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P> National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P> Notice of availability and request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                         Notice is hereby given that NMFS has received updated Fishery Management and Evaluation Plans (FMEPs) from the Oregon Department of Fish and Wildlife (ODFW) pursuant to the protective regulations promulgated for Middle Columbia River (MCR) steelhead (
                        <E T="03">Oncorhynchus mykiss</E>
                        ) under the Endangered Species Act. The FMEPs, together with an FMEP submitted previously by the Washington Department of Fish and Wildlife (WDFW), specify the future management of inland recreational fisheries potentially affecting MCR steelhead. Notice is also hereby given that a draft Environmental Assessment (EA) for tributary fisheries affecting MCR steelhead in Oregon and Washington has been drafted by NMFS. The EA analyzes the impacts of NMFS' approval or disapproval of the proposed tributary fisheries for steelhead, trout, and other species in the MCR steelhead distinct population segment (DPS). This document serves to notify the public of the availability of the FMEPs and the EA for review and comment before final 
                        <PRTPAGE P="35694"/>
                        approval or disapproval is made by NMFS.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                         Written comments on the application and draft EA must be received at the appropriate address or fax number (see 
                        <E T="02">ADDRESSES</E>
                        ) no later than 5 p.m. Pacific daylight time on July 30, 2007.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                         Written comments on the application should be sent to Rich Turner, National Marine Fisheries Services, Salmon Recovery Division, 1201 N.E. Lloyd Boulevard, Suite 1100, Portland, OR 97232. Comments may also be submitted by e-mail to: 
                        <E T="03">steelheadFMEP.nwr@noaa.gov</E>
                        . Include in the subject line of the e-mail comment the following identifier: Comments on the Middle Columbia steelhead FMEPs. Comments may also be sent via facsimile (fax) to (503) 872-2737. Requests for copies of the permit application should be directed to the National Marine Fisheries Services, Salmon Recovery Division, 1201 N.E. Lloyd Boulevard, Suite 1100, Portland, OR 97232. The documents are also available on the Internet at 
                        <E T="03">www.nwr.noaa.gov</E>
                        . Comments received will also be available for public inspection, by appointment, during normal business hours by calling (503) 230-5418.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Rich Turner at (503) 736-4737 or e-mail: 
                        <E T="03">rich.turner@noaa.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is relevant to the following species and distinct population segments (DPSs):</P>
                <P>
                    Steelhead (
                    <E T="03">Oncorhynchus mykiss</E>
                    ): threatened, Middle Columbia River.
                </P>
                <HD SOURCE="HD1">Background</HD>
                <P>Section 9 of the ESA and Federal regulations prohibit the “taking” of a species listed as endangered or threatened. The term “take” is defined under the ESA to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. As specified in the July 10, 2000, ESA 4(d) rule for salmon and steelhead (65 FR 42422), as updated in 71 FR 834, January 5, 2006, NMFS may approve an FMEP if it meets criteria set forth in 50 CFR 223.203(b)(4)(i)(A) through (I), thereby limiting the application of take prohibitions to actions described in that FMEP. Prior to final approval of an FMEP, NMFS must publish notification announcing its availability for public review and comment.</P>
                <P>The ODFW had previously submitted FMEPs to NMFS for fisheries in the Middle Columbia region, and those FMEPs were made available for public review on May 4, 2001 (66 FR 22532). Due to comments received regarding a proposed consumptive fishery on natural-origin steelhead in the John Day River basin and concerns with the critical and viable abundance thresholds proposed within the ODFW FMEPs, the FMEPs were not approved by NMFS. To address these concerns, the FMEPs were updated and resubmitted to NMFS for approval in 2005. The FMEPs submitted to NMFS by the ODFW include plans addressing recreational fisheries in the Deschutes River basin, the Umatilla River basin, the John Day River basin, and the Walla Walla River basin in Oregon. These FMEPs include fisheries occurring in all Oregon tributaries to the Middle Columbia River from Chenoweth Creek upstream to and including the Oregon portion of the Walla Walla River. The WDFW submitted an FMEP to NMFS in 2003 that was made available for public comment on July 1, 2003 (68 FR 39066). This FMEP covers steelhead, trout, and warmwater fisheries in Washington tributaries to the Middle Columbia River from the Klickitat River upstream to the Yakima and Walla Walla rivers, excluding the Snake River.</P>
                <P>The objective of the fisheries described in the five FMEPs is to harvest known hatchery-origin summer steelhead and other fish species in a manner that does not appreciably reduce the survival and recovery of the listed MCR steelhead DPS. All fisheries included in these FMEPs will be managed such that only hatchery-origin steelhead that are adipose fin clipped may be retained. Impact levels on listed MCR steelhead are specified in all five FMEPs. Population viability analysis and risk assessments in the FMEPs indicate that the extinction risk for listed steelhead would not increase appreciably as a result of the proposed fishery impact levels. A variety of monitoring and evaluation tasks are specified in the FMEPs to assess the abundance of steelhead, determine fishery effort and catch of steelhead, and monitor angler compliance. A review of compliance with the provisions of the FMEPs will be conducted by the state fisheries agencies annually and a comprehensive review to evaluate the effectiveness of the FMEPs will occur at a minimum every 5 years.</P>
                <P>As specified in the July 10, 2000 ESA 4(d) rule for salmon and steelhead (65 FR 42422) as updated on January 5, 2006 (71 FR 834), NMFS may approve an FMEP if it meets criteria set forth in 50 CFR 223.203(b)(4)(i)(A) through (I). Prior to final approval of an FMEP, NMFS must publish notification announcing its availability for public review and comment.</P>
                <P>The draft EA analyzes impacts of NMFS' approval or disapproval of the four FMEPs re-submitted by ODFW listed above, and the FMEP for the Middle Columbia region submitted to NMFS by the WDFW.</P>
                <P>The National Environmental Policy Act (NEPA) requires that Federal agencies conduct and environmental analysis of their actions to determine if the actions may affect the human environment. Accordingly, NMFS has prepared a draft EA that analyzes the impacts of the approval or disapproval of the six FMEPs, and is making it available for public review and comment. The draft EA analyzes two alternatives: (1) No Action (NMFS does not approve the FMEPs as qualifying for limitation on take prohibitions under the ESA 4(d) rule); and (2) the Proposed Action Alternative (NMFS's approval of the FMEPs pursuant to Limit 4 of the ESA 4(d) rule).</P>
                <P>NEPA requires Federal agencies to conduct an environmental analysis of their proposed actions to determine if the actions may affect the human environment. NMFS expects to take action on the five submittals from the ODFW and WDFW. Therefore, NMFS is seeking public input on the scope of the required NEPA analysis, including the range of reasonable alternatives and associated impacts of any alternatives.</P>
                <P>This notice is provided pursuant to the NEPA regulations (40 CFR 1506.6). The final NEPA determination will not be completed until after the end of the 30-day comment period and after NMFS has fully considered all comments received during the public comment period.</P>
                <HD SOURCE="HD1">Authority</HD>
                <P>Under section 4 of the ESA, the Secretary of Commerce is required to adopt such regulations as he deems necessary and advisable for the conservation of species listed as threatened. The ESA salmon and steelhead 4(d) rule (65 FR 42422, July 10, 2000, as updated in 71 FR 834, January 5, 2006) specifies categories of activities that contribute to the conservation of listed salmonids and sets out the criteria for such activities.</P>
                <P>The rule further provides that the prohibitions of paragraph (a) of the rule do not apply to activities associated with fishery harvest provided that an FMEP has been approved by NMFS to be in accordance with the salmon and steelhead 4(d) rule.</P>
                <P>
                    NEPA authorization: 16 U.S.C. 1531 
                    <E T="03">et seq.</E>
                </P>
                <SIG>
                    <PRTPAGE P="35695"/>
                    <DATED>Dated: June 25, 2007.</DATED>
                    <NAME>Angela Somma,</NAME>
                    <TITLE>Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12654 Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-S</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <RIN>[XRIN: 0648-XA98]</RIN>
                <SUBJECT>Pacific Fishery Management Council; Public Meetings</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of two public meetings.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Two Groundfish Stock Assessment Review (STAR) Panels will hold work sessions which are open to the public. The first STAR Panel will review new assessments for darkblotched rockfish and cowcod. The second STAR Panel will review new assessments for canary rockfish and arrowtooth flounder.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The darkblotched rockfish and cowcod STAR Panel will be held beginning at 12:30 p.m., Monday, July 16, 2007. The meeting will continue on Tuesday, July 17, 2007 through Friday, July 20, 2007, beginning at 8:30 a.m. each day. The meetings will end at 5 p.m. each day, or as necessary to complete business.</P>
                    <P>The canary rockfish and arrowtooth flounder STAR Panel will be held beginning at 12:30 p.m. on Monday, July 30, 2007. The meeting will continue on Tuesday, July 31, 2007 through Friday, August 3, 2007, beginning at 8:30 a.m. each day. The meetings will end at 5 p.m. each day, or as necessary to complete business.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>The two STAR Panel meetings will be held at the NOAA Western Regional Center (WRC), Building 9 Conference Room, 7600 Sand Point Way NE., Seattle, Washington, 98115.</P>
                    <P>
                        <E T="03">Council address</E>
                        : Pacific Fishery Management Council, 7700 NE., Ambassador Place, Suite 101, Portland, OR 97220-1384.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Ms. Stacey Miller, Northwest Fisheries Science Center (NWFSC); telephone: (206) 437-5670; or Mr. John DeVore, Pacific Fishery Management Council; telephone: (503) 820-2280.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The purpose of the STAR Panel meetings is to review draft stock assessment documents and any other pertinent information, work with the Stock Assessment Teams to make necessary revisions, and produce STAR Panel reports for use by the Council family and other interested persons. No management actions will be decided by these STAR Panels. The STAR Panels' role will be development of recommendations and reports for consideration by the Council at its September meeting in Portland, OR.</P>
                <P>Although non-emergency issues not contained in the meeting agenda may come before the STAR Panel participants for discussion, those issues may not be the subject of formal STAR Panel action during these meetings. STAR Panel action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the STAR Panel participants' intent to take final action to address the emergency.</P>
                <HD SOURCE="HD1">Special Accommodations</HD>
                <P>These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Ms. Carolyn Porter at (503) 820-2280 at least 5 days prior to the meeting date.</P>
                <P>All WRC visitors will be required to show a valid picture ID and register with security every morning. A visitor's badge, which must be worn while at the NOAA Facility, will be issued to non-Federal employees participating in the meeting.</P>
                <SIG>
                    <DATED>Dated: June 26, 2007.</DATED>
                    <NAME>Tracey L. Thompson,</NAME>
                    <TITLE>Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12637 Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-S</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <RIN>[XRIN: 0648-XA99]</RIN>
                <SUBJECT>Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeastern Data, Assessment, and Review (SEDAR) Steering Committee; Public Meeting</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of the SEDAR Steering Committee Meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The SEDAR Steering Committee will meet to discuss the SEDAR assessment schedule, SEDAR process modifications, regional research and monitoring needs, and management evaluation activity scheduling.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The SEDAR Steering Committee will meet on Wednesday, September 26, 2007, from 1 p.m. to 6 p.m.; and Thursday, September 27, 2007, from 9 a.m. to 1 p.m.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>The meeting will be held at the NMFS, South East Regional Office located at 263 13th Ave South, St Petersburg, FL 33701.</P>
                    <P>
                        <E T="03">Council address</E>
                        : South Atlantic Fishery Management Council, 4055 Faber Place, Suite 201, North Charleston, SC 29405.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>John Carmichael, SEDAR Program Manager, SEDAR/SAFMC, 4055 Faber Place, Suite 201, North Charleston, SC 29405; telephone: (843) 571-4366 or toll free (866) SAFMC-10; fax: (843) 769-4520.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The South Atlantic, Gulf of Mexico, and Caribbean Fishery Management Councils; in conjunction with NOAA Fisheries, the Atlantic States Marine Fisheries Commission, and the Gulf States Marine Fisheries Commission; implemented the SEDAR process, a multi-step method for determining the status of fish stocks. The SEDAR Steering Committee meets twice annually to provide oversight of the SEDAR process, establish assessment priorities, and provide coordination between assessment efforts and management activities.</P>
                <P>During this meeting the Steering Committee will receive reports on recent SEDAR activities, consider benchmark and update assessment scheduling for 2009-12, receive reports from the Councils regarding research and monitoring priorities, and discuss procedural issues that have arisen since the previous meeting.</P>
                <P>Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency.</P>
                <PRTPAGE P="35696"/>
                <HD SOURCE="HD1">Special Accommodations</HD>
                <P>
                    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the South Atlantic Fishery Management Council office (see 
                    <E T="02">ADDRESSES</E>
                    ) at least 10 business days prior to the meeting.
                </P>
                <SIG>
                    <DATED>Dated: June 26, 2007.</DATED>
                    <NAME>Tracey L. Thompson,</NAME>
                    <TITLE>Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12636 Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-S</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF DEFENSE</AGENCY>
                <SUBAGY>Office of the Secretary</SUBAGY>
                <SUBJECT>Sunshine Act; Meeting of the President's Commission on Care for America's Returning Wounded Warriors</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Department of Defense.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Federal Advisory Committee Meeting Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended) and 41 Code of Federal Regulations (CFR) §§ 102-3.140 thorough 160, the Department of Defense announces the forthcoming public meeting:</P>
                    <P>
                        <E T="03">Name of Commission:</E>
                         President's Commission on Care for America's Returning Wounded Warriors (hereafter referred to as the Commission).
                    </P>
                    <P>
                        <E T="03">Date of Meeting:</E>
                         July 16, 2007.
                    </P>
                    <P>
                        <E T="03">Time of Meeting:</E>
                         10 a.m. to (To Be Determined).
                    </P>
                    <P>
                        <E T="03">Place of Meeting:</E>
                         Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Avenue, NW., Washington, DC 20004. 
                    </P>
                    <P>
                        <E T="03">Purpose of Meeting:</E>
                         Review and evaluate the Commission's report and the findings and recommendations related to the Commission's mission to examine the care provided to wounded service members.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                    </P>
                    <P>9 a.m. to 9:45 a.m.—Administrative Work Meeting (Not Open to the Public).</P>
                    <P>10 a.m.—(Public Session).</P>
                    <P>10 a.m.—Review and Evaluation of Commissions Findings and Recommendations.</P>
                    <P>End: TBD.</P>
                    <P>Subject to the availability of seating, this meeting is open to the public. The Commission will be discussing its final report and recommendations, consequently there will be no oral public forum. Any person desiring to make a written submission must provide the point of contact listed below with one (1) copy of the written submission by 11 July 2007 5 p.m. and one copy of any material intended for distribution at the meeting. Point of Contact is Teresa Barnes or Leslie Smith. Telephone number is toll free (877) 588-2035 or fax statements (703) 588-2046.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION ON SUBMITTING STATEMENTS CONTACT:</HD>
                    <P>Teresa Barnes or Leslie Smith, toll free (877) 588-2035 or fax statements (703) 588-2046.</P>
                    <SIG>
                        <DATED>Dated: June 26, 2007. </DATED>
                        <NAME>C.R. Choate,</NAME>
                        <TITLE>Alternate OSD Federal Register Liaison Officer, Department of Defense.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 07-3209  Filed 6-27-07; 11:10 am]</FRDOC>
            <BILCOD>BILLING CODE 5007-06-M</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
                <SUBAGY>Office of the Secretary</SUBAGY>
                <SUBJECT>Sunshine Act Meeting</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Assistant Secretary of Defense (Health Affairs); DoD</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of meeting. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. § 552b, as amended) and 41 Code of Federal Regulations (CFR) §§ 102-3.140 through 160, the Department of Defense announces the following committee meeting:</P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Department of Defense Task Force on the Future of Military Health Care, a duly established subcommittee of the Defense Health Board.
                    </P>
                    <P>
                        <E T="03">Date of Meeting:</E>
                         July 11, 2007.
                    </P>
                    <P>
                        <E T="03">Time of Meeting:</E>
                         8:30 a.m. to 2 p.m.
                    </P>
                    <P>
                        <E T="03">Place of Meeting:</E>
                         National Transportation Safety Board Conference Center, 429 L'Enfant Plaza, Washington, DC 20594.
                    </P>
                    <P>
                        <E T="03">Purpose of Meeting:</E>
                         To obtain, review, and evaluate information related to the Task Force's congressionally-directed mission to examine matters relating to the future of military health care. The Task Force members will receive briefings on topics related to the delivery of military health care during the public meeting.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         Discussion topics include Health and Wellness issues related to the military healthcare system.
                    </P>
                    <P>
                        Prior to the public meeting the Task Force will conduct a Preparatory Work Meeting from 8 a.m.-8:20 a.m. to solely analyze relevant issues and facts in preparation for the Task Force's next public meeting. The Preparatory Work Meeting is closed to the public. Additional information is available online at the Task Force Web site: 
                        <E T="03">www.DoDfuturehealthcare.net</E>
                        .
                    </P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Colonel Christine Bader, Executive Secretary, Department of Defense Task, Force on the Future of Military Health Care, TMA/Code: DHS, Five Skyline Place, Suite 810, 5111 Leesburg Pike, Falls Church, Virginia 22041-3206, (703) 681-3279, ext. 109 (
                        <E T="03">Christine.bader@ha.osd.mil</E>
                        ).
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Open sessions of the meeting will be limited by space accommodations. Any interested person may attend: however, seating is limited to the space available at the National Transportation Safety Board Conference Center. Individuals or organizations wishing to submit written comments for consideration by the Task Force should provide their comments in an electronic (PDF Format) document through the Task Force Web site (
                    <E T="03">www.DoDfuturehealthcare.net</E>
                    ) at the “Contact Us” page, no later than five (5) business days prior to the scheduled meeting.
                </P>
                <SIG>
                    <DATED>Dated: June 26, 2007.</DATED>
                    <NAME>C.R. Choate,</NAME>
                    <TITLE>Alternate OSD Federal Register Liaison Officer, Department of Defense.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 07-3211 Filed 6-27-07; 11:17 am]</FRDOC>
            <BILCOD>BILLING CODE 5001-06-M</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
                <SUBAGY>Department of the Air Force</SUBAGY>
                <DEPDOC>[No. USAF-2006-0004]</DEPDOC>
                <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice. </P>
                </ACT>
                <P>The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).</P>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Consideration will be given to all comments received by July 30, 2007.</P>
                    <P>
                        <E T="03">Title, Form, and OMB Number:</E>
                         Family Support Center Individual/Family Data Card, AF Form 2800; Family Support Center Interview and Follow Up Summary, AF Form 2801; Family Support Center Volunteer Data and Service Record, AF Form 2805; OMB Control Number 0701-0070.
                    </P>
                    <P>
                        <E T="03">Type of Request:</E>
                         Extension.
                    </P>
                    <P>
                        <E T="03">Number of Respondents:</E>
                         10,000.
                        <PRTPAGE P="35697"/>
                    </P>
                    <P>
                        <E T="03">Responses per Respondent:</E>
                         3.
                    </P>
                    <P>
                        <E T="03">Annual Responses:</E>
                         30,000.
                    </P>
                    <P>
                        <E T="03">Average Burden per Response:</E>
                         15 minutes.
                    </P>
                    <P>
                        <E T="03">Annual Burden Hours:</E>
                         7,500.
                    </P>
                    <P>
                        <E T="03">Needs and Uses:</E>
                         This information collection is necessary to obtain demographic data about individuals and family members who utilize the services of the United States Air Force Family Support Center. It is also a mechanism for tracking the services provided in order to determine program usage and trends as well as for the purpose of program evaluation, service targeting, and future budgeting. It also provides demographic data on volunteers and tracks volunteer service.
                    </P>
                    <P>
                        <E T="03">Affected Public:</E>
                         Individuals or households.
                    </P>
                    <P>
                        <E T="03">Frequency:</E>
                         On Occasion.
                    </P>
                    <P>
                        <E T="03">Respondent's Obligation:</E>
                         Voluntary.
                    </P>
                    <P>
                        <E T="03">OMB Desk Officer:</E>
                         Ms. Hillary Jaffee.
                    </P>
                    <P>Written comments and recommendations on the proposed information collection should be sent to Ms. Jaffe at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503.</P>
                    <P>You may also submit comments, identified by docket number and title, by the following method:</P>
                    <P>
                        • Federal eRulemaking Portal: 
                        <E T="03">http://www.regulations.gov.</E>
                         Follow the instructions for submitting comments.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions received must include the agency name, docket number and title for this 
                        <E T="04">Federal Register</E>
                         document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at 
                        <E T="03">http://www.regulations.gov</E>
                         as they are received without change, including an personal identifiers or contact information.
                    </P>
                    <P>
                        <E T="03">DoD Clearance Officer:</E>
                         Ms. Patricia Toppings.
                    </P>
                    <P>Written requests for copies of the information collection proposal should be sent to Ms. Toppings at WHS/ESD/Information Management Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 22209-2133.</P>
                </DATES>
                <SIG>
                    <DATED>Dated: June 22, 2007.</DATED>
                    <NAME>Patricia L. Toppings,</NAME>
                    <TITLE>Alternate OSD Federal Register Liaison Officer, Department of Defense.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 07-3190  Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 5001-06-M</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
                <SUBAGY>Department of the Air Force</SUBAGY>
                <DEPDOC>[No. USAF-2006-0012]</DEPDOC>
                <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <P>The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).</P>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Consideration will be given to all comments received by July 30, 2007.</P>
                    <P>
                        <E T="03">Title, Form, and OMB Number:</E>
                         Intercontinental Ballistic Missile Hardened Intersite Cable Right-of-Way Landowner Questionnaire; AF Form 3951; OMB Number 0701-0141.
                    </P>
                    <P>
                        <E T="03">Type of Request:</E>
                         Extension.
                    </P>
                    <P>
                        <E T="03">Number of Respondents:</E>
                         8,000.
                    </P>
                    <P>
                        <E T="03">Responses per Respondent:</E>
                         1.
                    </P>
                    <P>
                        <E T="03">Annual Responses:</E>
                         8,000.
                    </P>
                    <P>
                        <E T="03">Average Burden per Response:</E>
                         15 minutes.
                    </P>
                    <P>
                        <E T="03">Annual Burden Hours:</E>
                         2,000.
                    </P>
                    <P>
                        <E T="03">Needs and Uses:</E>
                         The information collection requirement is used to report changes in ownership/lease information, conditions of missile cable route and associated appurtenances, and projected building/excavation projects. The information collected is used to ensure system integrity and to maintain a close contact public relations program with involved personnel and agencies.
                    </P>
                    <P>
                        <E T="03">Affected Public:</E>
                         Individuals or Households; Farms; State, Local or Tribal Government.
                    </P>
                    <P>
                        <E T="03">Frequency:</E>
                         Biennially.
                    </P>
                    <P>
                        <E T="03">Respondent's Obligation:</E>
                         Voluntary.
                    </P>
                    <P>
                        <E T="03">OMB Desk Officer:</E>
                         Ms. Hillary Jaffe.
                    </P>
                    <P>Written comments and recommendations on the proposed information collection should be sent to Ms. Jaffe at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503.</P>
                    <P>You may also submit comments, identified by docket number and title, by the following method:</P>
                    <P>
                        • Federal eRulemaking Portal: 
                        <E T="03">http://www.regulations. gov.</E>
                         Follow the instructions for submitting comments.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at 
                        <E T="03">http://www.regulations.gov</E>
                         as they are received without change, including any personal identifiers or contact information.
                    </P>
                    <P>
                        <E T="03">DoD Clearance Officer:</E>
                         Ms. Patricia Toppings.
                    </P>
                    <P>Written requests for copies of the information collection proposal should be sent to Ms. Toppings at WHS/ESD/Information Management Division, 1777 North Kent Street, PRN, Suite 11000, Arlington, VA  22209-2133.</P>
                </DATES>
                <SIG>
                    <DATED>Dated: June 22, 2007.</DATED>
                    <NAME>Patricia L. Toppings,</NAME>
                    <TITLE>Alternate OSD Federal Register, Liaison Officer, Department of Defense.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 07-3191  Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 5001-06-M</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
                <SUBAGY>Department of the Air Force</SUBAGY>
                <DEPDOC>[No. USN-2007-0006]</DEPDOC>
                <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice. </P>
                </ACT>
                <P>The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the paeprwork Reduction Act (44 U.S.C. Chapter 35).</P>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Consideration will be given to all comments received by July 30, 2007.</P>
                    <P>
                        <E T="03">Title, Form, and OMB Number:</E>
                         Application Forms Booklet, Naval Reserve Officers Training Corps (NROTC) Scholarship Program; OMB Number 0703-0026.
                    </P>
                    <P>
                        <E T="03">Type of Request:</E>
                         Extension.
                    </P>
                    <P>
                        <E T="03">Number of Respondents:</E>
                         14,000.
                    </P>
                    <P>
                        <E T="03">Responses per Respondent:</E>
                         1.
                    </P>
                    <P>
                        <E T="03">Annual Responses:</E>
                         14,000.
                    </P>
                    <P>
                        <E T="03">Average Burden per Response:</E>
                         4 hours.
                    </P>
                    <P>
                        <E T="03">Annual Burden Hours:</E>
                         56,000.
                    </P>
                    <P>
                        <E T="03">Needs and Uses:</E>
                         This collection of information is used to make a determination of an applicant's academic and/or leadership potential and eligibility for a Naval Reserve Officers Training Corps (NROTC) scholarship. The information collected is used to select the best-qualified candidates.
                    </P>
                    <P>
                        <E T="03">Affected Public:</E>
                         Individuals or Households.
                    </P>
                    <P>
                        <E T="03">Frequency:</E>
                         On Occasion.
                    </P>
                    <P>
                        <E T="03">Respondent's Obligation:</E>
                         Required to Obtain or Retain Benefits.
                    </P>
                    <P>
                        <E T="03">OMB Desk Officer:</E>
                         Ms. Hillary Jaffe.
                    </P>
                    <P>
                        Written comments and recommendations on the proposed information collection should be sent to Ms. Jaffe at the Office of Management and budget, Desk Officer for DoD, Room 
                        <PRTPAGE P="35698"/>
                        10236, New Executive Office Building, Washington, DC 20503.
                    </P>
                    <P>You may also submit comments, identified by docket number and title, by the following method:</P>
                    <P>
                        • Federal eRulemaking Portal: 
                        <E T="03">http://www.regulations.gov.</E>
                         Follow the instructions for submitting comments.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions received must include the agency name, docket number and title for this 
                        <E T="04">Federal Register</E>
                         document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at 
                        <E T="03">http://www.regulations.gov</E>
                         as they are received without change, including any personal identifiers or contact information.
                    </P>
                    <P>
                        <E T="03">DoD Clearance Officer:</E>
                         Ms. Patricia Toppings.
                    </P>
                    <P>Written requests for copies of information collection proposal should be sent to Ms. Toppings at WHS/ESD/Information Management Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 22209-2133.</P>
                </DATES>
                <SIG>
                    <DATED>Dated: June 22, 2007.</DATED>
                    <NAME>Patricia L. Toppings,</NAME>
                    <TITLE>Alternate OSD Federal Register, Liaison Officer, Department of Defense.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 07-3192  Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 5001-06-M</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
                <SUBAGY>Department of the Air Force</SUBAGY>
                <DEPDOC>[No. USN-2007-0005]</DEPDOC>
                <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice. </P>
                </ACT>
                <P>The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).</P>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Consideration will be given to all comments received by July 30, 2007.</P>
                    <P>
                        <E T="03">Title, Form, and OMB Number:</E>
                         Candidate Application Procedures for the United States Naval Academy; USNA GRB 1110/11, 1110/12, 1110/14, 1110/15. 1110/91, 1110/92 and 1531/34; OMB Number 0703-0036.
                    </P>
                    <P>
                        <E T="03">Type of Request:</E>
                         Revision.
                    </P>
                    <P>
                        <E T="03">Number of Respondents:</E>
                         14,000.
                    </P>
                    <P>
                        <E T="03">Responses per Respondent:</E>
                         1.
                    </P>
                    <P>
                        <E T="03">Annual Responses:</E>
                         14,000.
                    </P>
                    <P>
                        <E T="03">Average Burden per Response:</E>
                         4 hours.
                    </P>
                    <P>
                        <E T="03">Annual Burden Hours:</E>
                         56,000.
                    </P>
                    <P>
                        <E T="03">Needs and Uses:</E>
                         This collection of information is necessary to determine the eligibility and evaluate overall competitive standing of candidates for appointment to the United States Naval Academy. An analysis of the information collected is made by the Admissions Board during the process in order to gauge the qualifications of individual candidates.
                    </P>
                    <P>
                        <E T="03">Affected Public:</E>
                         Individuals or households; Federal Government.
                    </P>
                    <P>
                        <E T="03">Frequency:</E>
                         On Occasion.
                    </P>
                    <P>
                        <E T="03">Respondent's Obligation:</E>
                         Required to Obtain or Retain Benefits.
                    </P>
                    <P>
                        <E T="03">OMB Desk Officer:</E>
                         Ms. Hillary Jaffe.
                    </P>
                    <P>Written comments and recommendations on the proposed information collection should be sent to Ms. Jaffe at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503.</P>
                    <P>You may also submit comments, identified by docket number and title, by the following method:</P>
                    <P>
                        • Federal eRulemaking Portal: 
                        <E T="03">http://www.regulations.gov.</E>
                         Follow the instructions for submitting comments.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at 
                        <E T="03">http://www.regulations.gov</E>
                         as they are received without change, including any personal identifiers or contact information.
                    </P>
                    <P>
                        <E T="03">DoD Clearance Officer:</E>
                         Ms. Patricia Toppings.
                    </P>
                    <P>Written requests for copies of the information collection proposal should be sent to Ms. Toppings at WHS/ESD/Information Management Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 22209-2133.</P>
                </DATES>
                <SIG>
                    <DATED>Dated: June 22, 2007.</DATED>
                    <NAME>Patricia L. Toppings,</NAME>
                    <TITLE>Alternate OSD Federal Register, Liaison Officer, Department of Defense.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 07-3193  Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 5001-06-M</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
                <SUBAGY>Department of the Air Force</SUBAGY>
                <SUBJECT>US Air Force Academy Board of Visitors Meeting</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Department of the Air Force, US Air Force Academy Board of Visitors.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of meeting. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Pursuant to 10 U.S.C. 9355, the U.S. Air Force Academy (USAFA) Board of Visitors (BoV) will meet at USAFA, Colorado Springs, Colorado, on 27-28 July 2007. The purpose of this meeting is to review morale and discipline, curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to the Academy.</P>
                    <P>Pursuant to 5 U.S.C. 552b, as amended and 41 CFR 102-3.155, the Department of Defense has determined that portions of this meeting shall be closed to the public. The Administrative Assistant to the Secretary of the Air Force, in consultation with the Office of the Air Force General Counsel, has determined in writing that the public interest requires that portions of this meeting be closed to the public because they will be concerned with matters listed in 552b(c)(6) and (9) of Title 5 United States Code.</P>
                    <P>Public attendance at the open portions of this USAFA BoV meeting shall be accommodated on a first-come, first-served basis up to the reasonable and safe capacity of the meeting room. In addition, any member of the public wishing to provide input to the USAFA BoV should submit a written statement in accordance with 41 CFR 102-3.140(c) and a section 10(a)(3) of the Federal Advisory Committee Act (FACA) and the procedures described in this paragraph. Written statements should be no longer than two type-written pages and must address the following details: The issue, discussion, and a recommended course of action. Supporting documentation may also be included as needed to established the appropriate historical context and provide any necessary background information. Written statements can be submitted to he Designated Federal Officer (DFO) at the address detailed below at any time. However, if a written statement is not received at least 10 days before the first day of the meeting which is the subject of this notice, then it may not be provided to, or considered by, the BoV until its next open meeting. The DFO will review all timely submissions with the BoV Chairperson and ensure they are provided to members of the BoV before the meeting that is the subject of this notice. For the benefit of the public, rosters that list the name of BoV members and any releasable materials presented during open portions of this BoV meeting shall be made available upon request.</P>
                    <P>
                        If, after review of timely submitted written comments, the BoV Chairperson and DFO deem appropriate, they may choose to invite the submitter of the written comments to orally present their issue during an open portion of the BoV meeting that is the subject of this notice. 
                        <PRTPAGE P="35699"/>
                        Members of the BoV may also petition the Chairperson to allow specific persons to make oral presentations before the BoV. Any oral presentations before the BoV shall be in accordance with 41 CFR 102-3.140(c), section 10(a)(3) of the FACA, and this paragraph. The DFO and BoV Chairperson may, if desired, allot a specific amount of time for members of the public to present their issue for BoV review and discussion. Direct questioning of BoV members or meeting participants by the public is not permitted except with the approval of the DFO and Chairperson.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Meeting sessions will begin at 9 a.m. on 27 July 2007 in Harmon Hall, 2304 Cadet Drive, Suite 3300, USAFA, Colorado Springs, Colorado.</P>
                    <P>For further information or to attend this BoV meeting, contact Mr. Scotty Ashley, USAFA Programs Manager, Directorate of Airman Development and Sustainment, Deputy Chief of Staff, Manpower and Personnel, AF/A1DOA, 1040 Air Force Pentagon, Washington, DC 20330-1040, (703) 695-3594.</P>
                </DATES>
                <SIG>
                    <NAME>Bao-Anh Trinh,</NAME>
                    <TITLE>Air Force Federal Register Liaison Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 07-3194  Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 5001-05-M</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF DEFENSE </AGENCY>
                <SUBAGY>Department of the Army; Corps of Engineers </SUBAGY>
                <SUBJECT>Notice of Availability for the Draft Environmental Impact Statement/Environmental Impact Report for the Berths 136-147 [TraPac] Container Terminal Project, Los Angeles County, CA </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Department of the Army—U.S. Army Corps of Engineers, DoD. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the Port of Los Angeles, has completed a Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Berths 136-147 [TraPac] Container Terminal Project. The Port of Los Angeles requires authorization pursuant to Section 404 of the Clean Water Act and Section 10 of the River and Harbor Act to expand and modernize the container terminal at Berths 136-147 [TraPac], including: Expanding, redeveloping, and constructing container terminal facilities and a new on-dock rail facility; constructing 500 space parking lot for union workers; wharf work including dredging 295,000 cubic yards, renovating 2,900 feet of existing wharf, and constructing 705 feet of new wharf; installing five new gantry cranes to replace six existing gantry cranes; relocating the existing PHL Pier A switcher yard to Rear Berth 200; widening Harry Bridges Boulevard and constructing a new 30-acre landscaped buffer area between “C” Street and Harry Bridges Boulevard; and filling the 10-acre Northwest Slip, constructing backlands facilities on the fill, and constructing a new 400-foot wharf along the edge of the fill. In addition, the Port of Los Angeles is considering transporting and discharging at ocean disposal sites excess clean material generated by the dredging activities, which would require authorization pursuant to Section 103 of the Marine Protection, Research, and Sanctuaries Act. </P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Questions or comments concerning the Draft EIS/EIR should be directed to Dr. Spencer D. MacNeil, North Coast Branch, Regulatory Division, U.S. Army Corps of Engineers, P.O. Box 532711, Los Angeles, CA, 90053-2325, (805) 585-2152. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>None. </P>
                <SIG>
                    <NAME>David J. Castanon, </NAME>
                    <TITLE>Chief, Regulatory Division, Los Angeles District.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12540 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 3710-KF-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DELAWARE RIVER BASIN COMMISSION </AGENCY>
                <SUBJECT>Notice of Commission Meeting and Public Hearing </SUBJECT>
                <P>Notice is hereby given that the Delaware River Basin Commission will hold an informal conference followed by a public hearing on Wednesday, July 18, 2007. The hearing will be part of the Commission's regular business meeting. Both the conference session and business meeting are open to the public and will be held at the Commission's office building, located at 25 State Police Drive in West Trenton, New Jersey. </P>
                <P>The conference among the commissioners and staff will begin at 10:15 a.m. Topics include a presentation on a revised proposal for a Flexible Flow Management Program (FFMP) for the New York City Delaware Basin Reservoirs; a presentation on proposed amendments to the Commission's Special Protection Waters regulations; and a presentation on proposed amendments to the Water Code relating to water accountability and source metering, recording and reporting. </P>
                <P>The subjects of the public hearing to be held during the 2 p.m. business meeting include the dockets listed below: </P>
                <P>
                    1. 
                    <E T="03">South Coatesville Borough D-74-39 CP-2.</E>
                     An application for approval of the rerate of the existing South Coatesville Borough wastewater treatment plant (WWTP). The permitted discharge from the applicant's WWTP will increase from an annual average daily flow of 0.365 million gallons per day (mgd) to 0.381 mgd and will continue to be discharged to the West Branch Brandywine Creek. The facility is located in South Coatesville Borough, Chester County, Pennsylvania. 
                </P>
                <P>
                    2. 
                    <E T="03">Kent County Levy Court D-77-87 CP-2.</E>
                     An application for approval of the expansion of the existing Kent County Levy Court WWTP. The permitted discharge from the applicant's WWTP will increase from a daily flow of 15.0 mgd to 16.3 mgd and will continue to be discharged to The Gut, a tributary to the Murderkill River. The facility is located in the City of Milford, Kent County, Delaware. 
                </P>
                <P>
                    3. 
                    <E T="03">Hackettstown Municipal Utilities Authority D-91-30 CP-2.</E>
                     An application to expand a 3.3 mgd wastewater treatment plant to process 3.39 mgd. The plant is located in Washington Township, Morris County, New Jersey. The plant will continue to treat wastewater from the Town of Hackettstown, Mansfield Township, Independence Township and Allamuchy Township, all in Warren County; and Washington Township and Mount Olive Township in Morris County, New Jersey. The additional capacity is needed to serve the service area previously served by the former Diamond Hill Sewer Company. Treatment plant effluent will continue to be discharged to the Musconetcong River in the Musconetcong River Watershed via the existing outfall. The defunct Diamond Hill treatment facility and discharge to Hence's Brook will be abandoned. 
                </P>
                <P>
                    4. 
                    <E T="03">Aqua New Jersey, Inc. D-93-13 CP-3.</E>
                     An application for the renewal of a ground water withdrawal project to increase withdrawal from 198.5 mg/30 days to 237 mg/30 days to supply the applicant's Blackwood District public water supply distribution system from existing Wells Nos. 3, 6, 7, 13, 15, 17 and 20 located within the Delaware River basin and 8 wells located outside of the basin in the Cohansey, Mt. Laurel and Potomac-Raritan-Magothy Formations. The increased allocation is requested in order to meet projected increases in service area demand. The 
                    <PRTPAGE P="35700"/>
                    project is located in the Big Timber Creek Watershed in Gloucester Township, Camden County, New Jersey. 
                </P>
                <P>
                    5. 
                    <E T="03">Reading Area Water Authority D-2000-59 CP-2.</E>
                     An application for approval to transfer up to 1.5 mgd and up to 45 mg/30 days of potable water from the Reading Area Water Authority (RAWA) system to the Pennsylvania American Water Company (PAWC) Glen Alsace District water distribution system. Some of the water supply is also needed to serve PAWC's customers in its Douglassville District via an existing interconnection. RAWA proposes no increase of existing allocation of 35 mgd (1,050 mg/30 days) of water from its Lake Ontelaunee Reservoir, which is located in Ontelaunee Township, Berks County, Pennsylvania. The project also includes the revision of the RAWA Operating Plan to reflect the service area modification, conservation release improvements and fisheries protection measures. The reservoir is situated on Maiden Creek in the Schuylkill River Watershed. 
                </P>
                <P>
                    6. 
                    <E T="03">Borough of Portland D-2003-9 CP-2.</E>
                     An application to modify the proposed WWTP that was approved by DRBC Docket No. D-2003-9 CP on January 19, 2005, but not constructed due to cost considerations. The WWTP design capacity will remain 0.105 mgd, but the modified design involves treatment processes that cost less to construct and maintain than those in the approved design. The proposed membrane ultra-filtration system will eliminate the need for clarifiers and a tertiary filter, while still meeting docket and NPDES permit limitations. The WWTP will provide tertiary treatment of flow from the proposed Portland Industrial Park and from local on-lot septic systems located in Portland Borough, Northampton County, Pennsylvania. The WWTP will be constructed in the southeast corner of Portland Borough and the project outfall diffuser will discharge to the Delaware River. The project is located within the drainage area to a section of the non-tidal Delaware River known as the Lower Delaware, which is classified as Special Protection Waters. 
                </P>
                <P>
                    7. 
                    <E T="03">Pennsylvania American Water Company D-2006-33 CP-2.</E>
                     An application for approval of a groundwater withdrawal project to supply up to 7.34 mg/30 days of water to the applicant's public supply distribution system from new Well PW3 and to increase the existing withdrawal from all wells from 15.12 mg/30 days to 18.57 mg/30 days. The increased allocation is requested in order to meet projected increases in service area demand. New Well PW3 is located in the Trimmers Rock Formation in the Brodhead Creek Watershed in Stroud Township, Monroe County, Pennsylvania. The site is located within the drainage area to the section of non-tidal Delaware River known as the Middle Delaware, which is classified as Special Protection Waters. 
                </P>
                <P>
                    8. 
                    <E T="03">Wissahickon Spring Water, Inc. D-2006-29-1.</E>
                     An application for approval to discharge up to 0.1008 mgd to Kaercher Creek, a tributary of the Schuylkill River, from a bottled water filtration plant. The wastewater currently discharges into sanitary drains within the building. The applicant will install 3 reverse osmosis units and will discharge the rinse water through new Outfall No. 001. The facility is located in the Schuylkill River Watershed in Hamburg Borough, Berks County, Pennsylvania. 
                </P>
                <P>
                    9. 
                    <E T="03">Pocono Manor Investors Pt. 1, L.P. D-2006-43-1.</E>
                     An application for approval of a ground water withdrawal project to supply up to 30.24 mg/30 days of water to the applicant's resort from new Wells Nos. 1, 2 and 3 and to limit the existing withdrawal from all wells to 30.24 mg/30 days. The project is located in the Catskill Formation in the Brodhead/Swiftwater Creek Watershed in Pocono Township, Monroe County, Pennsylvania. This withdrawal project is located within the drainage area to the section of the non-tidal Delaware River known as the Middle Delaware, which is classified as Special Protection Waters. 
                </P>
                <P>
                    10. 
                    <E T="03">Royersford Borough D-2006-45 CP-1.</E>
                     An application for approval to expand the existing Royersford Borough WWTP from a design flow of 0.54 mgd to 0.70 mgd. WWTP effluent will continue to be discharged to the Schuylkill River. The facility is located directly outside of Royersford Borough, in Upper Providence Township, Montgomery County, Pennsylvania. 
                </P>
                <P>
                    11. 
                    <E T="03">Jackson Township Authority D-2007-4 CP-1.</E>
                     An application for the approval of a new 0.5 mgd WWTP. The applicant's new WWTP will discharge to an unnamed tributary of the Tulpehocken Creek, a tributary to the Schuylkill River, at a point upstream of Blue Marsh Reservoir. The facility will be located in Jackson Township, Lebanon County, Pennsylvania. 
                </P>
                <P>
                    12. 
                    <E T="03">Cott Beverages Inc. D-2007-6-1.</E>
                     An application for approval to expand the applicant's existing IWTP from 0.023 mgd to 0.070 mgd to serve its beverage (soft drinks and carbonated water) production facility. The IWTP will continue to discharge to the West Branch Chester Creek in the Chester Creek Watershed. The facility is located in Concord Township, Delaware County, Pennsylvania. 
                </P>
                <P>
                    13. 
                    <E T="03">Bath Borough Authority D-2007-16 CP-1.</E>
                     An application for approval of a ground water withdrawal project to supply up to 15 mg/30 days of water to the applicant's public supply distribution system from new Wells Smith Street, Allen Street and Holiday Hill. The project is located in the Ontelaunee and Martinsburg formations in the Monacacy Creek and East Monacacy Creek watersheds in Bath Borough, Northampton County, Pennsylvania. The project site is located within the drainage area to the section of the non-tidal Delaware River known as the Lower Delaware, which is classified as Special Protection Waters. 
                </P>
                <P>
                    14. 
                    <E T="03">Altivity Packaging LLC D-2007-20-1.</E>
                     An application for approval of a surface water withdrawal project to supply up to 210 mg/30 days of water to the applicant's industrial operations from existing Intake No. 1. The project is located in the Schuylkill River Watershed in the City of Philadelphia, Pennsylvania. 
                </P>
                <P>In addition to the public hearing on the dockets listed above, the Commission's 2 p.m. business meeting will include: a public hearing and consideration of a resolution for the minutes increasing the authorized value of a contract with Princeton Hydrologics, LLC for modifications to the site of the Commission's West Trenton office building to improve stormwater management; a resolution authorizing the executive director to enter into an agreement for analysis of emerging contaminants in ambient waters of the tidal Delaware River; a resolution authorizing the executive director to enter into an agreement with the Susquehanna River Basin Commission for DRBC to perform tasks in connection with water conservation aspects of Pennsylvania's State Water Planning Act; and a resolution for the minutes authorizing the executive director to enter into an agreement to provide support to the Commonwealth of Pennsylvania on water resources issues. </P>
                <P>The meeting will also include: adoption of the Minutes of the Commission's May 10, 2007 business meeting; announcements of upcoming advisory committee meetings and other events; a report by the Executive Director; a report by the Commission's General Counsel; and an opportunity for public dialogue. </P>
                <P>
                    Draft dockets scheduled for public hearing on July 18, 2007 will be posted on the Commission's Web site, 
                    <E T="03">http://www.drbc.net,</E>
                     where they can be accessed through the Notice of 
                    <PRTPAGE P="35701"/>
                    Commission Meeting and Public Hearing. Additional documents relating to the dockets and other items may be examined at the Commission's offices. Please contact William Muszynski at 609-883-9500, extension 221, with any docket-related questions. 
                </P>
                <P>Individuals in need of an accommodation as provided for in the Americans with Disabilities Act who wish to attend the informational meeting, conference session or hearings should contact the commission secretary directly at 609-883-9500 ext. 203 or through the Telecommunications Relay Services (TRS) at 711, to discuss how the Commission can accommodate your needs. </P>
                <SIG>
                    <DATED>Dated: June 25, 2007. </DATED>
                    <NAME>Pamela M. Bush, </NAME>
                    <TITLE>Commission Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. E7-12638 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6360-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">ELECTION ASSISTANCE COMMISSION</AGENCY>
                <SUBJECT>Sunshine Act Notice</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>United States Election Assistance Commission (EAC).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Amended Notice of Virtual Public Forum for EAC Standards Board. </P>
                </ACT>
                <PREAMHD>
                    <HD SOURCE="HED">DATE AND TIME:</HD>
                    <P>Monday, July 2, 2007, 7 a.m. EDT through Friday, July 6, 2007, 6 p.m. EDT.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">PLACE:</HD>
                    <P>
                        EAC Standards Board Virtual Meeting Room at 
                        <E T="03">www.eac.gov.</E>
                         Once at the main page of EAC's Web site, viewers should click the link to the Standards Board Virtual Meeting Room. The virtual meeting room will open on Monday, July 2, 2007, at 7 a.m. EDT and will close on Friday, July 6, 2007, at  6 p.m. EDT. The site will be available 24 hours per day during that 5-day period.
                    </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">PURPOSE:</HD>
                    <P>The EAC Standards Board will review and provide comment on a draft EAC manual on Poll Worker Recruitment, Training and Retention, and a draft EAC manual on Recruiting College Poll Workers. The draft manuals contains best practices suggestions. The EAC Standards Board Virtual Meeting Room was established to enable the Standards Board 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 Standards Board will not take any votes or propose any resolutions during the 5-day forum of July 2-6, 2007. Members will post comments about the draft EAC manual on Poll Worker Recruitment, Training and Retention.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">AMENDMENT:</HD>
                    <P>
                        The original notice of this virtual public forum, which was published in the 
                        <E T="04">Federal Register</E>
                         on June 18, 2007, did not specify that there are two draft EAC manuals on poll workers for review and comment. Therefore, the notice is being amended to clarify that, in addition to the draft EAC manual on Poll Worker Recruitment, Training and Retention, a draft EAC manual on Recruiting College Poll Workers will also be available for review and comment.
                    </P>
                    <P>
                        This activity is open to the public. The public may view the proceedings of this special forum by visiting the EAC Standards Board virtual meeting room at 
                        <E T="03">www.eac.gov</E>
                         at any time between Monday, July 2, 2007, at 7 a.m. EDT and Friday, July 6, 2007, 6 p.m. EDT. The public also may view the draft manual on poll worker recruitment, training and retention, which will be posted on EAC's Web site beginning July 2, 2007. The public may file written statements to the EAC standards board at 
                        <E T="03">standardsboard@eac.gov.</E>
                         Data on EAC's Web site is accessible to visitors with disabilities and meets the requirements of section 508 of the Rehabilitation Act.
                    </P>
                </PREAMHD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Bryan Whitener, Telephone: (202) 566-3100.</P>
                    <SIG>
                        <NAME>Thomas R. Wilkey,</NAME>
                        <TITLE>Executive Director, U.S. Election Assistance Commission.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 07-3220  Filed 6-27-07; 3:32 pm]</FRDOC>
            <BILCOD>BILLING CODE 6820-KF-M</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">ELECTION ASSISTANCE COMMISSION</AGENCY>
                <SUBJECT>Sunshine Act Notice</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>United States Election Assistance Commission (EAC).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Amended Notice of Virtual Public Forum for EAC Board of Advisors. </P>
                </ACT>
                <PREAMHD>
                    <HD SOURCE="HED">Date and Time: </HD>
                    <P>Monday, July 2, 2007, 7 a.m. EDT through Friday, July 6, 2007, 6 p.m. EDT.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">Place: </HD>
                    <P>
                        EAC Board of Advisors Virtual Meeting Room at 
                        <E T="03">www.eac.gov.</E>
                         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, July 2, 2007, at 7 a.m. EDT and will close on Friday, July 6, 2007, at 9 p.m. EDT. The site will be available 24 hours per day during that 5-day period.
                    </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">Purpose: </HD>
                    <P>The EAC Board of Advisors will review and provide comment on a draft EAC manual on Poll Worker Recruitment, Training and Retention, and a draft EAC manual on Recruiting College Poll Workers. The draft manuals contains best practices suggestions. 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 July 2-6, 2007. Members will post comments about the draft EAC manual on Poll Worker Recruitment, Training and Retention.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">Amendment: </HD>
                    <P>
                        The original notice of this virtual public forum, which was published in the 
                        <E T="04">Federal Register</E>
                         on June 18, 2007, did not specify that there are two draft EAC manuals on pollworkers for review and comment. Therefore, the notice is being amended to clarify that, in addition to the draft EAC manual on Poll Worker Recruitment, Training and Retention, a draft EAC manual on Recruiting College Poll Workers will also be available for review and comment.
                    </P>
                    <P>
                        This activity is open to the public. The public may view the proceedings of this special forum by visiting the EAC Standards Board Virtual Meeting Room at 
                        <E T="03">www.eac.gov</E>
                         at any time between Monday, July 2, 2007, 7 a.m. EDT and Friday, July 6, 2007, 6 p.m. EDT. The public also may view the draft manual on poll worker recruitment, training and retention, which will be posted on EAC's Web site beginning July 2, 2007. The public may file written statements to the EAC Board of Advisors at 
                        <E T="03">boardofadvisors@eac.gov.</E>
                         Data on EAC's Web site is accessible to visitors with disabilities and meets the requirements of section 508 of the rehabilitation act.
                    </P>
                </PREAMHD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Bryan Whitener, Telephone: (202) 566-3100.</P>
                    <SIG>
                        <NAME>Thomas R. Wilkey,</NAME>
                        <TITLE>Executive Director, U.S. Election Assistance Commission.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 07-3221  Filed 6-27-07; 3:32 pm]</FRDOC>
            <BILCOD>BILLING CODE 6820-KF-M</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="35702"/>
                <AGENCY TYPE="N">DEPARTMENT OF ENERGY </AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission </SUBAGY>
                <DEPDOC>[Docket No. QF07-115-000] </DEPDOC>
                <SUBJECT>Continental Cogeneration Services; Notice of Self-Certification of Qualifying Status of a Cogeneration Facility </SUBJECT>
                <DATE>June 22, 2007. </DATE>
                <P>Take notice that on March 9, 2007, as completed on May 30, 2007, Continental Cogeneration Services, 964 Ebbets Ave., Manteca, California, filed with the Federal Energy Regulatory Commission a notice of self-certification of a facility as a qualifying cogeneration facility pursuant to 18 CFR 292.207(a) of the Commission's regulations. </P>
                <P>The facility for which certification is requested is a topping-cycle cogeneration facility. The primary energy source is natural gas. The power production equipment includes a Siemens SGT6-5000F gas turbine in combined cycle, with a maximum net power production of 275 MW. The location of the facility is 12045 South Ingomar Grade, Los Banos, California. </P>
                <P>The Name of the electric utility with which the facility expects to interconnect, transmit or sell electric energy to, or purchase supplementary, standby, back-up and maintenance power is the Pacific Gas &amp; Electric Company (PG&amp;E). </P>
                <P>The applicant proposes to sell more than 50 percent of its aggregate, annual energy output to PG&amp;E. Although the facility does not fall within the 50 percent “safe harbor” for fundamental use of energy output in 18 CFR 292.205(d)(3), the applicant argues that the facility's beneficial use of biomethane from digested cow manure as 5 percent of the fuel input is sufficient to meet the requirements of 18 CFR 292.205(d)(2). </P>
                <P>A notice of self-certification does not institute a proceeding regarding qualifying facility status; a notice of self-certification provides notice that the entity making filing has determined the Facility meets the applicable criteria to be a qualifying facility. Any person seeking to challenge such qualifying facility status may do so by filing a motion pursuant to 18 CFR 292.207(d)(iii). </P>
                <P>
                    This filing is accessible on-line at 
                    <E T="03">http://www.ferc.gov.,</E>
                     using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail 
                    <E T="03">FERCOnlineSupport@ferc.gov.</E>
                    , or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659. 
                </P>
                <SIG>
                    <NAME>Kimberly D. Bose, </NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12614 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6717-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY </AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission </SUBAGY>
                <DEPDOC>[Docket No. RP07-429-001] </DEPDOC>
                <SUBJECT>Dominion Cove Point LNG, LP; Notice of Compliance Filing </SUBJECT>
                <DATE>June 22, 2007. </DATE>
                <P>Take notice that on June 20, 2007, Dominion Cove Point LNG, LP (Cove Point) submitted a compliance filing pursuant to the Commission's order issued May 31, 2007 in Docket No. RP07-429-000. </P>
                <P>Cove Point states that copies of the filing were served on parties on the official service list in the above-captioned proceeding. </P>
                <P>Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. </P>
                <P>
                    The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at 
                    <E T="03">http://www.ferc.gov.</E>
                     Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. 
                </P>
                <P>
                    This filing is accessible on-line at 
                    <E T="03">http://www.ferc.gov,</E>
                     using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail 
                    <E T="03">FERCOnlineSupport@ferc.gov,</E>
                     or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659. 
                </P>
                <SIG>
                    <NAME>Kimberly D. Bose, </NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12612 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6717-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY </AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission </SUBAGY>
                <DEPDOC>[Docket No. RP07-434-001] </DEPDOC>
                <SUBJECT>Dominion Transmission, Inc.; Notice of Compliance Filing </SUBJECT>
                <DATE>June 22, 2007. </DATE>
                <P>Take notice that on June 20, 2007, Dominion Transmission, Inc. (DTI) submitted a compliance filing pursuant to the Commission's order issued May 31, 2007 in Docket No. RP07-434-000. </P>
                <P>DTI states that copies of the filing were served on parties on the official service list in the above-captioned proceeding. </P>
                <P>Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of § 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. </P>
                <P>
                    The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at 
                    <E T="03">http://www.ferc.gov</E>
                    . Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. 
                </P>
                <P>
                    This filing is accessible on-line at 
                    <E T="03">http://www.ferc.gov,</E>
                     using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail 
                    <E T="03">FERCOnlineSupport@ferc.gov,</E>
                     or call 
                    <PRTPAGE P="35703"/>
                    (866) 208-3676 (toll free). For TTY, call (202) 502-8659. 
                </P>
                <SIG>
                    <NAME>Kimberly D. Bose, </NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12613 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6717-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY </AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission </SUBAGY>
                <DEPDOC>[Project No. 2242-078—Oregon] </DEPDOC>
                <SUBJECT>Eugene Water and Electric Board; Notice of Designation of Certain Commission Personnel as Non-Decisional </SUBJECT>
                <DATE>June 22, 2007. </DATE>
                <P>
                    Commission staff member James Hastreiter (Office of Energy Projects 503-552-2760; 
                    <E T="03">james.hastreiter@ferc.gov</E>
                    ) is assigned to help resolve environmental and other issues associated with development of a settlement agreement for the Carmen-Smith Project. 
                </P>
                <P>As “non-decisional” staff, Mr. Hastreiter will not participate in an advisory capacity in the Commission's review of any offer of settlement or settlement agreement, or deliberations concerning the disposition of the relicense application. </P>
                <P>Different Commission “advisory staff” will be assigned to review any offer of settlement or settlement agreement, and to process the relicense application, including providing advice to the Commission with respect to the agreement and the application. Non-decisional staff and advisory staff are prohibited from communicating with one another concerning the settlement and the relicense application. </P>
                <SIG>
                    <NAME>Kimberly D. Bose, </NAME>
                    <TITLE>Secretary. </TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12617 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6717-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY </AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission </SUBAGY>
                <DEPDOC>[Docket Nos. ER07-761-000 and ER07-761-001] </DEPDOC>
                <SUBJECT>Fulcrum Energy Limited; Notice of Issuance of Order </SUBJECT>
                <DATE>June 22, 2007. </DATE>
                <P>Fulcrum Energy Limited (Fulcrum) filed an application for market-based rate authority, with an accompanying tariff. The proposed market-based rate tariff provides for the sale of energy, and capacity at market-based rates. Fulcrum also requested waivers of various Commission regulations. In particular, Fulcrum requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by Fulcrum. </P>
                <P>
                    On June 19, 2007, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—West, granted the requests for blanket approval under Part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the 
                    <E T="04">Federal Register</E>
                     establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by Fulcrum should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). 
                </P>
                <P>Notice is hereby given that the deadline for filing protests is July 19, 2007. </P>
                <P>Absent a request to be heard in opposition to such blanket approvals by the deadline above, Fulcrum is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Fulcrum, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. </P>
                <P>The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of Fulcrums' issuance of securities or assumptions of liability. </P>
                <P>
                    Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at 
                    <E T="03">http://www.ferc.gov,</E>
                     using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. 
                </P>
                <SIG>
                    <NAME>Kimberly D. Bose, </NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12616 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6717-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY </AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission </SUBAGY>
                <DEPDOC>[Docket No. ER07-874-000] </DEPDOC>
                <SUBJECT>Rainbow Energy Ventures LLC; Notice of Issuance of Order </SUBJECT>
                <DATE>June 22, 2007. </DATE>
                <P>Rainbow Energy Ventures LLC (Rainbow Ventures) filed an application for market-based rate authority, with an accompanying rate schedule. The proposed market-based rate schedule provides for the sale of energy, capacity and ancillary services at market-based rates. Rainbow Ventures also requested waivers of various Commission regulations. In particular, Rainbow Ventures requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by Rainbow Ventures. </P>
                <P>
                    On June 19, 2007, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—West, granted the requests for blanket approval under Part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the 
                    <E T="04">Federal Register</E>
                     establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by Rainbow Ventures should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). 
                </P>
                <P>Notice is hereby given that the deadline for filing protests is July 19, 2007. </P>
                <P>
                    Absent a request to be heard in opposition to such blanket approvals by the deadline above, Rainbow Ventures is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Rainbow Ventures, compatible with the 
                    <PRTPAGE P="35704"/>
                    public interest, and is reasonably necessary or appropriate for such purposes. 
                </P>
                <P>The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of Rainbow Ventures' issuance of securities or assumptions of liability. </P>
                <P>
                    Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at 
                    <E T="03">http://www.ferc.gov,</E>
                     using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. 
                </P>
                <SIG>
                    <NAME>Kimberly D. Bose, </NAME>
                    <TITLE>Secretary. </TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12615 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6717-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY </AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission </SUBAGY>
                <DEPDOC>[Docket No. EL07-69-000] </DEPDOC>
                <SUBJECT>Western Systems Power Pool Agreement; Notice of Institution of Proceeding and Refund Effective Date </SUBJECT>
                <DATE>June 22, 2007. </DATE>
                <P>
                    On June 21, 2007, the Commission issued an order that instituted a proceeding in the above-referenced docket, pursuant to section 206 of the Federal Power Act (FPA), 16 U.S.C. 824c, to investigate whether the Western Systems Power Pool Agreement ceiling rate is just and reasonable for a public utility seller in markets in which such seller has been found to have market power or is presumed to have market power. 
                    <E T="03">Western System Power Pool,</E>
                     119 FERC ¶ 61,302 (2007). 
                </P>
                <P>
                    The refund effective date in the above-docketed proceeding, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                    . 
                </P>
                <SIG>
                    <NAME>Kimberly D. Bose, </NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12611 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6717-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY </AGENCY>
                <DEPDOC>[ER-FRL-6688-5] </DEPDOC>
                <SUBJECT>Environmental Impact Statements and Regulations; Availability of EPA Comments </SUBJECT>
                <P>Availability of EPA comments prepared pursuant to the Environmental Review Process (ERP), under section 309 of the Clean Air Act and Section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at 202-564-7167. </P>
                <P>An explanation of the ratings assigned to draft environmental impact statements (EISs) was published in FR dated April 6, 2007 (72 FR 17156). </P>
                <HD SOURCE="HD1">Draft EISs </HD>
                <FP SOURCE="FP-1">EIS No. 20070055, ERP No. D-AFS-L65534-ID, Idaho Cobalt Project, Development of Two Underground Mines, a Waste Disposal Site and Associated Facilities, Approval of Plan-of-Operation, Salmon-Cobalt Ranger District, Salmon-Challis National Forest, Lemhi County, ID. </FP>
                <P>
                    <E T="03">Summary:</E>
                     EPA expressed environmental concerns about the impacts to fishery and cultural resources and impacts related to contaminated soils. Rating EC2.
                </P>
                <FP SOURCE="FP-1">EIS No. 20070103, ERP No. D-FHW-C50015-NY, Kosciuszko Bridge Project, Proposed Rehabilitation or Replacement a 1.1 mile Segment Brooklyn-Queens Expressway (-278) from Morgan Avenue in Brooklyn and the Long Island Expressway (1495) in Queens, Kings and Queens Counties, NY. </FP>
                <P>
                    <E T="03">Summary:</E>
                     EPA expressed environmental concerns about potential air quality impacts, and requested additional information and mitigation. Rating EC2. 
                </P>
                <FP SOURCE="FP-1">EIS No. 20070132, ERP No. D-AFS-J61111-00, Yellowstone and Grand Teton National Parks and the John D. Rockefeller, Jr. Memorial Parkway, Winter Use Plan, To Provide a Framework for Managing Winter Use Activities, Implementation, Fremont County, ID, Gallatin and Park Counties, MT Park and Teton Counties, WY. </FP>
                <P>
                    <E T="03">Summary:</E>
                     EPA expressed environmental concerns about air quality, natural soundscapes, and wildlife. EPA believes that the preferred alternative should be modified or a different alternative should be selected that meets the National Park Service's adaptive management thresholds and its resource protection directives. Rating EC2. 
                </P>
                <FP SOURCE="FP-1">EIS No. 20070171, ERP No. D-FRC-K03030-00, Phoenix Expansion Project, Construction and Operation of Existing Natural Gas Transmission Pipeline, Right-of-Way Grant and Temporary Use Permit, San Juan and McKinley Counties, NM and Pinal and Maricopa Counties, AZ. </FP>
                <P>
                    <E T="03">Summary:</E>
                     EPA expressed environmental concerns about potential impacts to air quality, aquatic resources, and endangered species. EPA recommended that the FEIS provide additional information regarding alternatives and identify, and commit to, opportunities for minimizing impacts. Rating EC2. 
                </P>
                <FP SOURCE="FP-1">EIS No. 20070172, ERP No. D-FRC-G03035-00, Southeast Supply Header Project, Construction and Operation of Natural Gas Pipeline Facilities, Located in various Counties and Parishes in LA, MS and AL. </FP>
                <P>
                    <E T="03">Summary:</E>
                     EPA expressed environmental concerns about potential impacts to wetlands and air quality, and recommended additional analyses to be included in the Final EIS.  Rating EC2. 
                </P>
                <FP SOURCE="FP-1">EIS No. 20070174, ERP No. D-BPA-L91029-WA, Chief  Joseph Hatchery Program, Construction, Operation and Maintenance of a Chinook Salmon Hatchery Production Program, Confederated Tribes of the Colville Reservation (Colville Tribes), Okanogan River and Columbia River, Okanogan County, WA. </FP>
                <P>
                    <E T="03">Summary:</E>
                     EPA expressed environmental concerns about discharge water quality and requested additional information regarding the applicability of state and tribal water quality standards.  Rating EC2. 
                </P>
                <FP SOURCE="FP-1">EIS No. 20070051, ERP No. DS-COE-E32070-MS, Gulfport Harbor Navigation Channel Project, Updated Information on Providing Safe and Unrestricted Navigation into and out of Gulfport Harbor, Harrison County, MS. </FP>
                <P>
                    <E T="03">Summary:</E>
                     EPA expressed environmental concerns about impacts to biological resources. EPA requested additional information to ensure that the dredged material to be disposed meets the relevant Ocean Dumping Criteria.  Rating EC2. 
                </P>
                <HD SOURCE="HD1">Final EISs </HD>
                <FP SOURCE="FP-1">
                    EIS No. 20070087, ERP No. F-FTA-E40775-FL, Miami North Corridor Project, Build Alternative is Selected, Transit Improvement between NW 62 Street at Dr. Martin Luther King Jr. Station and NW 215th Street at the 
                    <PRTPAGE P="35705"/>
                    Dade/Broward Counties Line, Funding, Dade County, FL. 
                </FP>
                <P>
                    <E T="03">Summary:</E>
                     EPA continues to express environmental concerns about noise impact, EJ impacts and impacts related to contaminated sites. EPA requested that additional mitigation be discussed in the ROD.
                </P>
                <FP SOURCE="FP-1">EIS No. 20070191, ERP No. F-FAA-G11049-NM, ADOPTION—New Mexico Training Initiative, Proposal to Modify the Training Airspace New Cannon Air Force Base (AFB), NM. </FP>
                <P>
                    <E T="03">Summary:</E>
                     No formal comment letter was sent to the preparing agency. 
                </P>
                <FP SOURCE="FP-1">EIS No. 20070192, ERP No. F-AFS-G65095-NM, Buckman Water Diversion Project, Proposal to Divert Water from Rio Grande and San Juan-Chama Project, To Meet Water Supply Needs, Sante Fe National Forest and Taos Field Office, Sante Fe County, NM.</FP>
                <P>
                    <E T="03">Summary:</E>
                     No formal comment letter was sent to the preparing agency.
                </P>
                <FP SOURCE="FP-1">EIS No. 20070193, ERP No. FS-FAA-G11048-00, ADOPTION—Realistic Bomber Training Initiative, Addresses Impacts of Wake Vortices on Surface Structures, Dyess Air Force Base, TX and Barksdale Air Force Base, LA. </FP>
                <P>
                    <E T="03">Summary:</E>
                     No formal comment letter was sent to the preparing agency. 
                </P>
                <SIG>
                    <DATED>Dated: June 26, 2007. </DATED>
                    <NAME>Ken Mittelholtz, </NAME>
                    <TITLE>Environmental Protection Specialist, Office of Federal Activities.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. E7-12651 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6560-50-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY </AGENCY>
                <DEPDOC>[ER-FRL-6688-4] </DEPDOC>
                <SUBJECT>Environmental Impacts Statements; Notice of Availability </SUBJECT>
                <P>
                    <E T="03">Responsible Agency:</E>
                     Office of Federal Activities, General Information (202) 564-7167 or 
                    <E T="03">http://www.epa.gov/compliance/nepa/.</E>
                      
                </P>
                <FP SOURCE="FP-1">Weekly receipt of Environmental Impact Statements </FP>
                <FP SOURCE="FP-1">Filed 06/18/2007 through 06/22/2007 </FP>
                <FP SOURCE="FP-1">Pursuant to 40 CFR 1506.9. </FP>
                <FP SOURCE="FP-1">
                    <E T="03">EIS No. 20070259, Final EIS, FHW, KY,</E>
                     Newtown Pike Extension Project, Road Connection from West Main Street to South Limestone Street in Lexington, Fayette County, KY, 
                    <E T="03">Wait Period Ends:</E>
                     07/30/2007, 
                    <E T="03">Contact:</E>
                     David Whitworth 502-223-6741 
                </FP>
                <FP SOURCE="FP-1">
                    <E T="03">EIS No. 20070260, Final EIS, COE, CA,</E>
                     PROGRAMMATIC—San Luis Obispo Creek Watershed, Waterway Management Plan, Stream Maintenance and Management Plan, City of San Luis Obispo and County of San Luis Obispo, Community of Avila Beach, San Luis Obispo County, CA, 
                    <E T="03">Wait Period Ends:</E>
                     07/30/2007, 
                    <E T="03">Contact:</E>
                     Dr. Jack Malone 805-585-2146 
                </FP>
                <FP SOURCE="FP-1">
                    <E T="03">EIS No. 20070261, Draft EIS, FHW, KY,</E>
                     I-65 to U.S. 31 W Access Improvement Project, To Meet the Existing and Future Transportation Demand, in northeast Bowling Green, Warren County, KY, 
                    <E T="03">Comment Period Ends:</E>
                     10/05/2007, 
                    <E T="03">Contact:</E>
                     Anthony Goodman 502-223-6742. 
                </FP>
                <FP SOURCE="FP-1">
                    <E T="03">EIS No. 20070262, Final EIS, NPS, CA,</E>
                     Giacomini Wetland Restoration Project, Propose to Restore Natural Hydrologic and Ecological Processes, Golden Gate National Recreation Area, Point Reyes National Seashore, Marin County, CA, 
                    <E T="03">Wait Period Ends:</E>
                     07/30/2007, 
                    <E T="03">Contact:</E>
                     Loraine Parson 415-464-5100. 
                </FP>
                <FP SOURCE="FP-1">
                    <E T="03">EIS No. 20070263, Final EIS, AFS, SD,</E>
                     Mitchell Project Area, To Implement Multiple Resource Management Actions, Mystic Ranger District, Black Hills National Forest, Pennington County, SD, Wait 
                    <E T="03">Period Ends:</E>
                     07/30/2007, 
                    <E T="03">Contact:</E>
                      
                </FP>
                <P>Phill Grumstrup 605-716-1891. </P>
                <FP SOURCE="FP-1">
                    <E T="03">EIS No. 20070264, Final EIS, BLM, SD,</E>
                     PROGRAMMATIC—Vegetation Treatments Using Herbicides on Bureau of Land Management Public Lands in 17 Westerns, including Alaska, Wa
                    <E T="03">it Period Ends:</E>
                     07/30/2007, 
                    <E T="03">Contact:</E>
                     Brian Amme 775-861-6645. 
                </FP>
                <SIG>
                    <DATED>Dated: June 26, 2007. </DATED>
                    <NAME>Ken Mittelholtz, </NAME>
                    <TITLE>Environmental Protection Specialist, Office of Federal Activities.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. E7-12652 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6560-50-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <DEPDOC>[EPA-HQ-OPP-2007-0498; FRL-8137-2]</DEPDOC>
                <SUBJECT>FIFRA Scientific Advisory Panel; Notice of Public Meeting</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>There will be a 4-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review a set of issues pertaining to the potential for atrazine to affect amphibian gonadal development.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The meeting will be held on October 9 - 12, 2007, from approximately 8:30 a.m. to 5 p.m, eastern time.</P>
                    <P>
                        <E T="03">Comments</E>
                        . The Agency encourages that written comments be submitted by September 24, 2007 and requests for oral comments be submitted by October 2, 2007. However, written comments and requests to make oral comments may be submitted until the date of the meeting. Anyone submitting written comments after September 24, 2007, should contact the DFO listed under 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                        . For additional instructions, see Unit I.C. of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                        .
                    </P>
                    <P>
                        <E T="03">Nominations</E>
                        . Nominations of candidates to serve as ad hoc members of the FIFRA SAP for this meeting should be provided on or before July 16, 2007.
                    </P>
                    <P>
                        <E T="03">Special accommodations</E>
                        . For information on access or services for individuals with disabilities, and to request accommodation of a disability, please contact the Designated Federal Official (DFO) listed under 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         at least 10 days prior to the meeting to give EPA as much time as possible to process your request.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>The meeting will be held at the Environmental Protection Agency Conference Center, Lobby Level, One Potomac Yard (South Bldg.), 2777 Crystal Dr., Arlington, VA 22202.</P>
                    <P>
                        <E T="03">Comments</E>
                        . Submit your comments, identified by docket ID number EPA-HQ-OPP-2007-0498, by one of the following methods:
                    </P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal</E>
                        : 
                        <E T="03">http://www.regulations.gov</E>
                        . Follow the on-line instructions for submitting comments. Your use of the Federal eRulemaking Portal to submit comments to EPA electronically is EPA's preferred method for receiving comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail</E>
                        . Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
                    </P>
                    <P>
                        • 
                        <E T="03">Delivery</E>
                        . OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is (703) 305-5805.
                    </P>
                    <P>
                        <E T="03">Instructions</E>
                        . Direct your comments to docket ID number EPA-HQ-OPP-2007-0498. If your comments contain any information that you consider to be CBI 
                        <PRTPAGE P="35706"/>
                        or otherwise protected, please contact the DFO listed under 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         to obtain special instruction before submitting your comments. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at 
                        <E T="03">http://www.regulations.gov</E>
                        , 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 to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website 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 comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.
                    </P>
                    <P>
                        <E T="03">Docket</E>
                        . All documents in the docket are listed in a docket index available in regulations.gov. To access the electronic docket, go to 
                        <E T="03">http://www.regulations.gov</E>
                        , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov web site to view the docket index or access available documents. Although listed in a docket 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, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at 
                        <E T="03">http://www.regulations.gov</E>
                        , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305-5805.
                    </P>
                    <P>
                        <E T="03">Nominations, requests to present oral comments, and requests for special accommodations</E>
                        . Submit nominations to serve as an ad hoc member of the FIFRA SAP, requests for special seating accommodations, or requests to present oral comments to the DFO listed under 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Joseph E. Bailey, DFO, Office of Science Coordination and Policy (7201M), Environmental Protection Agency, 1200 Pennsylvania Ave., N.W., Washington, DC 20460; telephone number: (202) 564-2045; fax number: (202) 564-8382; e-mail addresses: 
                        <E T="03">bailey.joseph@epa.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. General Information</HD>
                <HD SOURCE="HD2">A. Does this Action Apply to Me?</HD>
                <P>
                    This action is directed to the public in general. This action may, however, be of interest to persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act (FFDCA), FIFRA, and the Food Quality Protection Act of 1996 (FQPA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the DFO listed under 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                    .
                </P>
                <HD SOURCE="HD2">B. What Should I Consider as I Prepare My Comments for EPA?</HD>
                <P>When submitting comments, remember to:</P>
                <P>
                    1. Identify the document by docket ID number and other identifying information (subject heading, 
                    <E T="04">Federal Register</E>
                     date and page number).
                </P>
                <P>2. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.</P>
                <P>3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.</P>
                <P>4. Describe any assumptions and provide any technical information and/or data that you used.</P>
                <P>5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.</P>
                <P>6. Provide specific examples to illustrate your concerns and suggest alternatives.</P>
                <P>7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.</P>
                <P>8. Make sure to submit your comments by the comment period deadline identified.</P>
                <HD SOURCE="HD2">C. How May I Participate in this Meeting?</HD>
                <P>You may participate in this meeting by following the instructions in this unit. To ensure proper receipt by EPA, it is imperative that you identify docket ID number EPA-HQ-OPP-2007-0498 in the subject line on the first page of your request.</P>
                <P>
                    1. 
                    <E T="03">Written comments</E>
                    . The Agency encourages that written comments be submitted, using the instructions in 
                    <E T="02">ADDRESSES</E>
                    , no later than September 24, 2007, to provide FIFRA SAP the time necessary to consider and review the written comments. However, written comments are accepted until the date of the meeting. Persons wishing to submit written comments at the meeting should contact the DFO listed under 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     and submit 30 copies. Anyone submitting written comments after September 24, 2007, should contact the DFO listed under 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                    . There is no limit on the extent of written comments for consideration by FIFRA SAP.
                </P>
                <P>
                    2. 
                    <E T="03">Oral comments</E>
                    . The Agency encourages that each individual or group wishing to make brief oral comments to FIFRA SAP submit their request to the DFO listed under 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     no later than October 2, 2007, in order to be included on the meeting agenda. Requests to present oral comments will be accepted until the date of the meeting and, to the extent that time permits, the Chair of the FIFRA SAP may permit the presentation of oral comments at the meeting by interested persons who have not previously requested time. The request should identify the name of the individual making the presentation, the organization (if any) the individual will represent, and any requirements for audiovisual equipment (e.g., overhead projector, 35 mm projector, chalkboard). Oral comments before FIFRA SAP are limited to approximately 5 minutes unless prior arrangements have been made. In addition, each speaker should bring 30 copies of his or her comments and presentation slides for distribution to the FIFRA SAP at the meeting.
                </P>
                <P>
                    3. 
                    <E T="03">Seating at the meeting</E>
                    . Seating at the meeting will be on a first-come basis.
                </P>
                <P>
                    4. 
                    <E T="03">Request for nominations to serve as ad hoc members of the FIFRA SAP for this meeting</E>
                    . As part of a broader 
                    <PRTPAGE P="35707"/>
                    process for developing a pool of candidates for each meeting, the FIFRA SAP staff routinely solicits the stakeholder community for nominations of prospective candidates for service as ad hoc members of the FIFRA SAP. Any interested person or organization may nominate qualified individuals to be considered as prospective candidates for a specific meeting. Individuals nominated for this meeting should have expertise in one or more of the following areas: amphibian ecology/biology, ecotoxicology, developmental toxicology, endocrine disruption, statistics and risk assessment methodology. Nominees should be scientists who have sufficient professional qualifications, including training and experience, to be capable of providing expert comments on the scientific issues for this meeting. Nominees should be identified by name, occupation, position, address, and telephone number. Nominations should be provided to the DFO listed under 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     on or before July 16, 2007. The Agency will consider all nominations of prospective candidates for this meeting that are received on or before this date. However, final selection of ad hoc members for this meeting is a discretionary function of the Agency.
                </P>
                <P>The selection of scientists to serve on the FIFRA SAP is based on the function of the panel and the expertise needed to address the Agency's charge to the panel. No interested scientists shall be ineligible to serve by reason of their membership on any other advisory committee to a Federal department or agency or their employment by a Federal department or agency except the EPA. Other factors considered during the selection process include availability of the potential panel member to fully participate in the panel's reviews, absence of any conflicts of interest or appearance of lack of impartiality, independence with respect to the matters under review, and lack of bias. Although financial conflicts of interest, the appearance of lack of impartiality, lack of independence, and bias may result in disqualification, the absence of such concerns does not assure that a candidate will be selected to serve on the FIFRA SAP. Numerous qualified candidates are identified for each panel. Therefore, selection decisions involve carefully weighing a number of factors including the candidates' areas of expertise and professional qualifications and achieving an overall balance of different scientific perspectives on the panel.</P>
                <P>
                    In order to have the collective breadth of experience needed to address the Agency's charge for this meeting, the Agency anticipates selecting approximately 10 ad hoc scientists. FIFRA SAP members are subject to the provisions of 5 CFR part 2634, Executive Branch Financial Disclosure, as supplemented by the EPA in 5 CFR part 6401. In anticipation of this requirement, prospective candidates for service on the FIFRA SAP will be asked to submit confidential financial disclosure information which shall fully disclose, among other financial interests, the candidate's employment, stocks and bonds, and where applicable, sources of research support. The EPA will evaluate the candidates financial disclosure form to assess whether there are financial conflicts of interest, appearance of a lack of impartiality or any prior involvement with the development of the documents under consideration (including previous scientific peer review) before the candidate is considered further for service on the FIFRA SAP. Those who are selected from the pool of prospective candidates will be asked to attend the public meetings and to participate in the discussion of key issues and assumptions at these meetings. In addition, they will be asked to review and to help finalize the meeting minutes. The list of FIFRA SAP members participating at this meeting will be posted on the FIFRA SAP web site at 
                    <E T="03">http://epa.gov/scipoly/sap</E>
                     or may be obtained from the OPP Regulatory Public Docket at 
                    <E T="03">http://www.regulations.gov</E>
                    .
                </P>
                <HD SOURCE="HD1">II. Background</HD>
                <HD SOURCE="HD2">A. Purpose of the FIFRA SAP</HD>
                <P>The FIFRA SAP serves as the primary scientific peer review mechanism of the Environmental Protection Agency (EPA), Office of Prevention, Pesticides and Toxic Substances and is structured to provide scientific advice, information and recommendations to the EPA Administrator on pesticides and pesticide-related issues as to the impact of regulatory actions on health and the environment. The FIFRA SAP is a Federal advisory committee established in 1975 under FIFRA that operates in accordance with requirements of the Federal Advisory Committee Act. The FIFRA SAP is composed of a permanent panel consisting of seven members who are appointed by the EPA Administrator from nominees provided by the National Institutes of Health and the National Science Foundation. FIFRA, as amended by the FQPA of 1996, established a Science Review Board consisting of at least 60 scientists who are available to the Scientific Advisory Panel on an ad hoc basis to assist in reviews conducted by the Panel. As a peer review mechanism, the FIFRA SAP provides comments, evaluations and recommendations to improve the effectiveness and quality of analyses made by Agency scientists. Members of the FIFRA SAP are scientists who have sufficient professional qualifications, including training and experience, to provide expert advice and recommendation to the Agency.</P>
                <HD SOURCE="HD2">B. Public Meeting</HD>
                <P>EPA conducted an extensive review of open literature and registrant-submitted studies concerning the potential effects of atrazine on amphibian gonadal development and concluded in 2003 that there was sufficient information to hypothesize that atrazine exposure can result in effects on amphibian gonadal development. EPA also concluded that there was insufficient evidence to refute or confirm that hypothesis because the collective studies failed to show that atrazine produced consistent, reproducible effects across the range of exposure concentrations and amphibian species tested in the studies. EPA summarized the studies and its evaluation of the studies in a White Paper and presented its analysis, conclusions and recommendations to the SAP during the meeting held on June 17 - 20, 2003.</P>
                <P>The SAP concurred with EPA's interpretation of the available data and with EPA's recommendations to seek additional data. Additionally, the SAP concurred with the study approach described in the White Paper for addressing uncertainties identified in the available studies.</P>
                <P>In response to the uncertainties identified in the White Paper and based on the recommendations made by the SAP, EPA issued a Data Call-in Notice (DCI) on November 12, 2004, to Syngenta Crop Protection, Inc. and other atrazine registrants. The DCI required the registrant to conduct amphibian studies to determine if exposure to atrazine can affect amphibian gonadal development. Secondary objectives of these studies were to provide information on the repeatability of previous observations, develop a sound dose-response relationship, and determine the developmental sensitivity of the amphibian species that are being tested.</P>
                <P>
                    On October 9 -12, 2007, EPA will return to the SAP with a second White Paper discussing the results of the registrant's amphibian studies conducted in 2005 - 2006. In addition, EPA has continued to review the open literature studies investigating whether 
                    <PRTPAGE P="35708"/>
                    atrazine exposure affects amphibian gonadal development. For the SAP meeting, EPA plans to include only those studies published in the open scientific literature that tested atrazine alone and examined atrazine's potential effects on amphibian gonadal development. Studies on mixtures of pesticides that include atrazine as well as studies of the potential for atrazine to cause adverse effects other than amphibian gonadal development are not being considered for the SAP meeting.
                </P>
                <HD SOURCE="HD2">C. FIFRA SAP Documents and Meeting Minutes</HD>
                <P>
                    EPA's background paper, related supporting materials, charge/questions to the FIFRA SAP, FIFRA SAP composition (i.e., members and ad hoc members for this meeting), and the meeting agenda will be available by mid-September. In addition, the Agency may provide additional background documents as the materials become available. You may obtain electronic copies of these documents, and certain other related documents that might be available electronically, at 
                    <E T="03">http://www.regulations.gov</E>
                     and the FIFRA SAP homepage at 
                    <E T="03">http://www.epa.gov/scipoly/sap</E>
                    .
                </P>
                <P>
                    The FIFRA SAP will prepare meeting minutes summarizing its recommendations to the Agency approximately 90 days after the meeting. The meeting minutes will be posted on the FIFRA SAP web site or may be obtained from the OPP Regulatory Public Docket at 
                    <E T="03">http://www.regulations.gov</E>
                    .
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects</HD>
                    <P>Environmental protection, Pesticides and pests.</P>
                </LSTSUB>
                <SIG>
                    <DATED>Dated: June 21, 2007.</DATED>
                    <NAME>Clifford J. Gabriel,</NAME>
                    <TITLE>Director, Office of Science Coordination and Policy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12571 Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-S</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY </AGENCY>
                <DEPDOC>[Docket# EPA-RO4-SFUND-2007-0496; FRL-8333-3] </DEPDOC>
                <SUBJECT>Shuron Inc., Superfund Site, Barnwell, Barnwell County, SC; Notice of Settlement </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of settlement. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Under Section 122(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for reimbursement of past response concerning the Shuron Inc., Superfund Site located in Barnwell, Barnwell County, South Carolina. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The Agency will consider public comments settlement until July 30, 2007. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Copies of the settlement are available from Ms. Paula V. Batchelor. Submit your comments, identified by Docket ID No. EPA-RO4-SFUND-2007-0496 or Site name Shuron Inc., Superfund Site by one of the following methods: </P>
                    <P>
                        • 
                        <E T="03">http://www.regulations.gov:</E>
                         Follow the on-line instructions for submitting comments. 
                    </P>
                    <P>
                        • 
                        <E T="03">E-mail: Batchelor.Paula@epa.gov.</E>
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         404/562-8842/Attn Paula V. Batchelor. 
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Ms. Paula V. Batchelor, U.S. EPA Region 4, SD-SEIMB, 61 Forsyth Street, SW., Atlanta, Georgia 30303. “In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St. NW., Washington, DC 20503.” 
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         Direct your comments to Docket ID No. EPA-R04-SFUND-2007-0496. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at 
                        <E T="03">www.regulations.gov,</E>
                         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 to be CBI or otherwise protected through 
                        <E T="03">www.regulations.gov</E>
                         or e-mail. The 
                        <E T="03">www.regulations.gov</E>
                         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 comment. If you send an e-mail comment directly to EPA without going through 
                        <E T="03">www.regulations.gov</E>
                         your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at 
                        <E T="03">http://www.epa.gov/epahome/dockets.htm.</E>
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         All documents in the docket are listed in the 
                        <E T="03">www.regulations.gov</E>
                         index. Although listed in the index, some information is not publicly available, 
                        <E T="03">e.g.</E>
                        , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in 
                        <E T="03">www.regulations.gov</E>
                         or in hard copy at the U.S. EPA Region 4 office located at 61 Forsyth Street, SW., Atlanta, Georgia 30303. Regional office is open from 7 a.m. until 6:30 p.m. Monday through Friday, excluding legal holidays. 
                    </P>
                    <P>Written comments may be submitted to Ms. Batchelor within 30 calendar days of the date of this publication. </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Paula V. Batchelor at 404/562-8887. </P>
                    <SIG>
                        <DATED>Dated: June 21, 2007. </DATED>
                        <NAME>Rosalind H. Brown, </NAME>
                        <TITLE>Chief, Superfund Enforcement &amp; Information Management Branch, Superfund Division.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12646 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6560-50-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">OFFICE OF SCIENCE AND TECHNOLOGY POLICY </AGENCY>
                <SUBJECT>Alignment of the Interagency Committee on Ocean Science and Resource Management Integration (ICOSRMI) and the National Ocean Research Leadership Council (NORLC) </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Science and Technology Policy. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Action. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        At the April 27, 2007 joint meeting of the Interagency Committee on Ocean Science and Resource Management Integration (ICOSRMI) and the National Ocean Research Leadership Council (NORLC), the principals of both bodies formally voted and unanimously approved that the Interagency Committee on Ocean Science and Resource Management Integration (ICOSRMI) established by the U.S. 
                        <PRTPAGE P="35709"/>
                        Ocean Action Plan (OAP), shall also serve as the National Ocean Research Leadership Council (NORLC) established by the National Oceanographic Partnership Program (NOPP); and all actions taken by the ICOSRMI related to the NOPP shall be deemed actions of the NORLC, unless otherwise expressly stated by the ICOSRMI in writing. The intent of this action is to maintain the interagency progress made through NOPP, thus building on a decade of experience made possible through the program, while avoiding duplication of effort with the new governance structure of the OAP. NORLC and the other NOPP committees are now conducting business as their functionally equivalent OAP bodies. This action will align, simplify and strengthen the Federal ocean governance structures. 
                    </P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For information regarding this notice, please contact Dr. Dan Walker, Office of Science and Technology Policy, 725 17th Street, NW., Washington, DC 20502. Telephone: (202) 456-6137. E-mail: 
                        <E T="03">dwalker@ostp.eop.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">National Ocean Research Leadership Council </HD>
                <P>
                    The FY 1997 Defense Authorization Act (Public Law 104-201) directed the Secretary of the Navy to establish the National Oceanographic Partnership Program (NOPP, 
                    <E T="03">http://www.nopp.org</E>
                    ). Supplemental legislation for appointments to the NOPP oversight body, the National Ocean Research Leadership Council (NORLC), and to the Ocean Research Advisory Panel is contained in Public Law 105-85, the FY 1998 Defense Authorization Act. The NOPP promotes the goals of assuring national security, advancing economic development, protecting quality of life, and strengthening science education and communication through improved knowledge of the ocean. The NORLC, comprising leaders of fifteen Federal agencies, guides NOPP in identifying and carrying out partnerships among Federal agencies, industry, and other members of the ocean sciences community in support of those goals. 
                </P>
                <HD SOURCE="HD1">The Ocean Action Plan Ocean Governance Structure </HD>
                <P>
                    In September 2004, the U.S. Commission on Ocean Policy (USCOP) completed its report, “An Ocean Blueprint for the 21st Century.” In December 2004, the President submitted to Congress his formal response, the U.S. Ocean Action Plan (OAP) (
                    <E T="03">http://ocean.ceq.gov/actionplan.pdf</E>
                    ), which outlines a new ocean governance structure to: (1) Coordinate the activities of executive departments and agencies regarding ocean-related matters in an integrated and effective manner to advance the environmental, economic, and security interests of present and future generations of Americans; and (2) Facilitate, as appropriate, coordination and consultation regarding ocean-related matters among Federal, State, Tribal, and local governments, the private sector, foreign governments, and international organizations. 
                </P>
                <P>On December 17, 2004, President Bush established by Executive Order 13366 a Cabinet-level Committee on Ocean Policy to coordinate the activities of executive branch departments and agencies regarding ocean-related matters in an integrated and effective manner to advance the environmental and economic interests of present and future generations of Americans. </P>
                <P>
                    As detailed in the U.S. Ocean Action Plan, to help support its work, the Committee on Ocean Policy established the Interagency Committee on Ocean Science and Resource Management Integration (ICOSRMI) co-chaired by the Office of Science and Technology Policy (OSTP) Associate Director for Science and the Council on Environmental Quality (CEQ) Chief of Staff, who report directly to the Chair of the Committee on Ocean Policy. The members consist of Under/Assistant Secretaries or their equivalents from the Executive branch agencies and departments of the Committee on Ocean Policy. The functions of ICOSRMI include: (1) Facilitate and coordinate the work of existing ocean and coastal interagency groups focused on the management of living and nonliving marine resources; (2) recommend the creation of new topical task forces as needed; (3) coordinate with government-wide environmental and natural resource efforts that have important ocean components; (4) identify opportunities for improvements in the application of science for ecosystem-based management of ocean resources; (5) identify priority research needs that can enhance management capabilities; (6) facilitate use of ocean science and technology, including ocean observations, in the implementation of ocean and coastal management and policies; (7) recommend assessments and analyses of Federal ocean resource management initiatives; (8) identify opportunities and articulate priorities for enhancing ocean education, outreach, and capacity building; and (9) identify opportunities for the promotion of international collaboration in ocean resource management. ICOSRMI incorporates the National Ocean Research Leadership Council's (NORLC) current mandate within its broader mandate that includes ocean resource management. (
                    <E T="03">http://ocean.ceq.gov/about/icosrmi.html</E>
                    ). 
                </P>
                <P>Since January 2005, the Administration has worked actively with Federal agencies to establish the new ocean governance structure and link existing groups with new entities. The functions of NORLC have transitioned to this new OAP structure in order to align, simplify and strengthen the Federal ocean governance. </P>
                <SIG>
                    <NAME>M. David Hodge, </NAME>
                    <TITLE>Operations Manager.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12510 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 3170-W7-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">FEDERAL COMMUNICATIONS COMMISSION </AGENCY>
                <DEPDOC>[Report No. 2818] </DEPDOC>
                <SUBJECT>Petition for Reconsideration of Action in Rulemaking Proceeding </SUBJECT>
                <DATE>June 22, 2007. </DATE>
                <P>A Petition for Reconsideration has been filed in the Commission's Rulemaking proceeding listed in this Public Notice and published pursuant to 47 CFR 1.429(e). The full text of this document is available for viewing and copying in Room CY-B402, 445 12th Street, SW., Washington, DC or may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc. (BCPI) (1-800-378-3160). Oppositions to this petition must be filed by July 16, 2007. See § 1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1)). Replies to an opposition must be filed within 10 days after the time for filing oppositions have expired. </P>
                <P>
                    <E T="03">Subject:</E>
                     In the Matter of Service Rule for the 698-746, 747-762 and 777-792 Mhz Band. 
                </P>
                <P>
                    <E T="03">Number of Petitions Filed:</E>
                     1. 
                </P>
                <SIG>
                    <NAME>Marlene H. Dortch, </NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12594 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6712-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">FEDERAL DEPOSIT INSURANCE CORPORATION </AGENCY>
                <SUBJECT>FDIC Advisory Committee on Economic Inclusion (ComE-IN); Notice of Meeting </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Deposit Insurance Corporation (FDIC). </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of open meeting. </P>
                </ACT>
                <SUM>
                    <PRTPAGE P="35710"/>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Federal Advisory Committee Act, notice is hereby given of a meeting of the FDIC Advisory Committee on Economic Inclusion, which will be held in Washington, DC. The Advisory Committee will provide advice and recommendations on initiatives to expand access to banking services by underserved populations. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Monday, July 16, 2007, from 9 a.m. to 4 p.m. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>The meeting will be held in the FDIC Board Room on the sixth floor of the FDIC Building located at 550 17th Street, NW., Washington, DC. </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Requests for further information concerning the meeting may be directed to Mr. Robert E. Feldman, Committee Management Officer of the FDIC, at (202) 898-7043. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    <E T="03">Agenda:</E>
                     The agenda will be focused on subprime mortgages. The agenda may be subject to change. Any changes to the agenda will be announced at the beginning of the meeting. 
                </P>
                <P>
                    <E T="03">Type of Meeting:</E>
                     The meeting will be open to the public, limited only by the space available on a first-come, first-served basis. For security reasons, members of the public will be subject to security screening procedures and must present a valid photo identification to enter the building. The FDIC will provide attendees with auxiliary aids (e.g., sign language interpretation) required for this meeting. Those attendees needing such assistance should call (703) 562-6067 (Voice or TTY) at least two days before the meeting to make necessary arrangements. Written statements may be filed with the committee before or after the meeting. 
                </P>
                <SIG>
                    <DATED>Dated: June 26, 2007.</DATED>
                    <P>Federal Deposit Insurance Corporation. </P>
                    <NAME>Robert E. Feldman, </NAME>
                    <TITLE>Committee Management Officer. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12632 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 6714-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES </AGENCY>
                <SUBAGY>Office of the Secretary </SUBAGY>
                <DEPDOC>[Document Identifier: OS-0937-0200; 60-day notice] </DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comment Request </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Secretary, HHS. </P>
                    <P>In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden. </P>
                    <P>
                        <E T="03">Type of Information Collection Request:</E>
                         Extension of a currently approved collection. 
                    </P>
                    <P>
                        <E T="03">Title of Information Collection:</E>
                         HHS Payment Management System Forms. 
                    </P>
                    <P>
                        <E T="03">Form/OMB No.:</E>
                         0937-0200. 
                    </P>
                    <P>
                        <E T="03">Use:</E>
                         The PSC-270 (formerly PMS 270) is used to make advance or reimbursement payments to grantees. It serves in place of the SF-270. The PSC-272 (formerly PMS-272) is used to monitor cash advances made to grantees and to collect disbursement data. It serves in place of the SF-272. 
                    </P>
                    <P>
                        <E T="03">Frequency:</E>
                         On Occasion and quarterly. 
                    </P>
                    <P>
                        <E T="03">Affected Public:</E>
                         State, Local or Tribal Governments, Business or other for profit and non-profit institutions. 
                    </P>
                    <P>
                        <E T="03">Annual Number of Respondents:</E>
                         22,240. 
                    </P>
                    <P>
                        <E T="03">Average Responses per Respondents:</E>
                         4.11. 
                    </P>
                    <P>
                        <E T="03">Average Burden per Response:</E>
                         2.93 hours. 
                    </P>
                    <P>
                        <E T="03">Total Annual Hours:</E>
                         267,510. 
                    </P>
                    <P>
                        To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, e-mail your request, including your address, phone number, OMB number, and OS document identifier, to 
                        <E T="03">Sherette.funncoleman@hhs.gov</E>
                        , or call the Reports Clearance Office on (202) 690-6162. Written comments and recommendations for the proposed information collections must be received with 60-days, and directed to the OS Paperwork Clearance Officer at the following address:
                    </P>
                </AGY>
                <FP SOURCE="FP-1">Department of Health and Human Services, Office of the Secretary, Assistant Secretary for Resources and Technology, Office of Resources Management, Attention: Sherrette Funn-Coleman (0937-0200), Room 537-H, 200 Independence Avenue, SW., Washington, DC 20201. </FP>
                <SIG>
                    <DATED>Dated: June 22, 2007. </DATED>
                    <NAME>Mary Oliver-Anderson, </NAME>
                    <TITLE>Office of the Secretary, Paperwork Reduction Act Reports Clearance Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. E7-12619 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4150-34-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES </AGENCY>
                <SUBAGY>Office of the Secretary </SUBAGY>
                <DEPDOC>[Document Identifier: OS-0990-0162; 30-day notice] </DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comment Request </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Secretary, HHS. </P>
                    <P>In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden. </P>
                    <P>
                        <E T="03">Type of Information Collection Request:</E>
                         Reinstatement with change of a previously approved collection. 
                    </P>
                    <P>
                        <E T="03">Title of Information Collection:</E>
                         State Medicaid Fraud Control Units' Reports. 
                    </P>
                    <P>
                        <E T="03">Form/OMB No.:</E>
                         0990-0162. 
                    </P>
                    <P>
                        <E T="03">Use:</E>
                         We are requesting Office of Management and Budget approval for the collection of information to specifically comply with the requirements in Title 19 of the Social Security Act at 1903 (q) and 42 CFR1007.15 and 1007.17 in accordance with the Paperwork Reduction Act. The particular information collected consists of forty-nine annual reports and forty-nine application requests for federal certification/recertification. This information is submitted yearly to the Office of Inspector General (OIG) by the forty-nine established State Medicaid Fraud Control Units (Units). The OIG uses this collection to assess and determine the Units' eligibility for 
                        <PRTPAGE P="35711"/>
                        continued participation in the federal Medicaid fraud control grant program. 
                    </P>
                    <P>
                        <E T="03">Frequency:</E>
                         Annually. 
                    </P>
                    <P>
                        <E T="03">Affected Public:</E>
                         State, Local or Tribal Government. 
                    </P>
                    <P>
                        <E T="03">Annual Number of Respondents:</E>
                         49. 
                    </P>
                    <P>
                        <E T="03">Total Annual Responses:</E>
                         98. 
                    </P>
                    <P>
                        <E T="03">Average Burden per Response:</E>
                         46.5 hours. 
                    </P>
                    <P>
                        <E T="03">Total Annual Hours:</E>
                         4557. 
                    </P>
                    <P>
                        To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, e-mail your request, including your address, phone number, OMB number, and OS document identifier, to 
                        <E T="03">Sherette.funncoleman@hhs.gov,</E>
                         or call the Reports Clearance Office on (202) 690-6162. Written comments and recommendations for the proposed information collections must be received within 30 days of this notice directly to the Desk Officer at the address below:
                    </P>
                </AGY>
                <FP SOURCE="FP-1">OMB Desk Officer: John Kraemer, OMB Human Resources and Housing Branch, Attention: (OMB #0990-0162), New Executive Office Building, Room 10235, Washington, DC 20503. </FP>
                <SIG>
                    <DATED>Dated: June 20, 2007. </DATED>
                    <NAME>Alice Bettencourt, </NAME>
                    <TITLE>Office of the Secretary, Paperwork Reduction Act Reports Clearance Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12620 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4152-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES </AGENCY>
                <SUBAGY>Office of the Secretary </SUBAGY>
                <DEPDOC>[Document Identifier: OS-0990-0000; 30-day notice] </DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comment Request </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Secretary, HHS. </P>
                    <P>In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden. </P>
                    <P>
                        <E T="03">Type of Information Collection Request:</E>
                         Regular, New Collection. 
                    </P>
                    <P>
                        <E T="03">Title of Information Collection:</E>
                         The Role of Faith-based and Community Organizations in Post-Hurricane Human Services Relief Efforts. 
                    </P>
                    <P>
                        <E T="03">Form/OMB No.:</E>
                         0990-new. 
                    </P>
                    <P>
                        <E T="03">Use:</E>
                         The Office of the Assistant Secretary for Planning and Evaluation will study the role of faith-based and community organizations in Louisiana, Mississippi, and Houston to document and analyze the human services relief efforts conducted and organizational networks used in the aftermath of hurricanes Katrina and Rita in 2005. This information will be used to improve future disaster planning and response by government and other relevant organizations. 
                    </P>
                    <P>
                        <E T="03">Frequency:</E>
                         One-time collection. 
                    </P>
                    <P>
                        <E T="03">Affected Public:</E>
                         Non-profit organizations; government officials; individuals. 
                    </P>
                    <P>
                        <E T="03">Annual Number of Respondents:</E>
                         390. 
                    </P>
                    <P>
                        <E T="03">Total Annual Responses:</E>
                         390. 
                    </P>
                    <P>
                        <E T="03">Average Burden per Response:</E>
                         41.8 minutes. 
                    </P>
                    <P>
                        <E T="03">Total Annual Hours:</E>
                         271.7 hours. 
                    </P>
                    <P>
                        To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, e-mail your request, including your address, phone number, OMB number, and OS document identifier, to 
                        <E T="03">Sherette.funncoleman@hhs.gov,</E>
                         or call the Reports Clearance Office on (202) 690-6162. Written comments and recommendations for the proposed information collections must be received within 30 days of this notice directly to the Desk Officer at the address below:
                    </P>
                </AGY>
                <FP SOURCE="FP-1">OMB Desk Officer: John Kraemer, OMB Human Resources and Housing Branch, Attention: (OMB #0990-0000), New Executive Office Building, Room 10235, Washington, DC 20503. </FP>
                <SIG>
                    <DATED>Dated: June 20, 2007. </DATED>
                    <NAME>Alice Bettencourt, </NAME>
                    <TITLE>Office of the Secretary. Paperwork Reduction Act Reports Clearance Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. E7-12621 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4150-05-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES </AGENCY>
                <SUBAGY>Centers for Medicare &amp; Medicaid Services </SUBAGY>
                <DEPDOC>[Document Identifier: CMS-R-26, CMS-10217, CMS-R-297, CMS-10223, and CMS-1500 (08-05)] </DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Submission for OMB Review; Comment Request </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Medicare &amp; Medicaid Services, HHS.</P>
                </AGY>
                <P>In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare &amp; Medicaid Services (CMS), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the Agency's function; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden. </P>
                <P>
                    1. 
                    <E T="03">Type of Information Collection Request:</E>
                     Extension without change of a currently approved collection; 
                    <E T="03">Title of Information Collection:</E>
                     Information Collection Requirements (ICRs) Contained in the Clinical Laboratory Improvement Amendments (CLIA) Regulations 42 CFR part 493.801, 493.803, 493.1232, 493.1233, 493.1234, 493.1235, 493.1236, 493.1239, 493.1241, 493.1242, 493.1249, 493.1251, 493.1252, 439.1253, 493.1254, 493.1255, 493.1256, 493.1261, 493.1262, 493.1263, 493.1269, 493.1273, 493.1274, 493.1278, 493.1283, 493.12889, 493.1291, and 493.1299; 
                    <E T="03">Form Numbers:</E>
                     CMS-R-26 (OMB#: 0938-0612); 
                    <E T="03">Use:</E>
                     The ICRs referenced in 42 CFR part 493 outline the requirements necessary to determine an entity's compliance with CLIA. CLIA requires laboratories that perform testing on human beings to meet performance requirements (quality standards) in order to be certified by the Department of Health and Human Services (HHS). HHS conducts inspections to determine a laboratory's compliance with CLIA requirements. CLIA implements the certificate, laboratory standards and inspection 
                    <PRTPAGE P="35712"/>
                    requirements; 
                    <E T="03">Frequency:</E>
                     Reporting—As needed; 
                    <E T="03">Affected Public:</E>
                     State, Local or Tribal Governments, Federal Government, Business or Other for profits and Not-for-profit institutions; 
                    <E T="03">Number of Respondents:</E>
                     168,688; 
                    <E T="03">Total Annual Responses:</E>
                     756,241; 
                    <E T="03">Total Annual Hours:</E>
                     11,363,680. 
                </P>
                <P>
                    2. 
                    <E T="03">Type of Information Collection Request:</E>
                     New collection; 
                    <E T="03">Title of Information Collection:</E>
                     Physician Survey for the 2006 Medicare Oncology Demonstration Program; 
                    <E T="03">Form Numbers:</E>
                     CMS-10217 (OMB#: 0938-New); 
                    <E T="03">Use:</E>
                     The 2006 Oncology Demonstration Program aimed to: (1) Have oncology payments increasingly focused on patient-centered care, rather than chemotherapy administration; (2) learn to what extent Medicare beneficiaries are being treated in a manner that yields the best outcomes; (3) understand clinical cancer scenarios where there is not clinical consensus among physicians on the relevance of specific evidence-based practice guidelines; and, (4) ensure that due emphasis is placed on multi-disciplinary, comprehensive approach to palliation and end of life care. In addition, CMS hoped to reduce the potential that unnecessary services and tests are being performed, thereby lowering program costs while yielding better quality of life for Medicare beneficiaries with cancer. This survey will provide information on how physicians, particularly oncologists and hematologists, adapted their practice in response to the CMS payment incentive, to guide future CMS demonstration projects involving oncologists and all specialists. 
                    <E T="03">Frequency:</E>
                     Reporting—Once; 
                    <E T="03">Affected Public:</E>
                     Individuals or households; 
                    <E T="03">Number of Respondents:</E>
                     600; 
                    <E T="03">Total Annual Responses:</E>
                     600; 
                    <E T="03">Total Annual Hours:</E>
                     100. 
                </P>
                <P>
                    3. 
                    <E T="03">Type of Information Collection Request:</E>
                     Extension without change of a currently approved collection; 
                    <E T="03">Title of Information Collection:</E>
                     Request for Employment Information; 
                    <E T="03">Form Numbers:</E>
                     CMS-R-297 (OMB#: 0938-0787); 
                    <E T="03">Use:</E>
                     Section 1837(i) of the Social Security Act provides for a special enrollment period for individuals who delay enrolling in Medicare Part B because they are covered by a group health plan based on their own or a spouse's current employment status. When these individuals apply for Medicare Part B, they must provide proof that the group health plan coverage is (or was) based on current employment status. This form is used by the Social Security Administration to obtain information from employers regarding whether a Medicare beneficiary's coverage under a group health plan is based on current employment status. 
                    <E T="03">Frequency:</E>
                     Reporting—Once; 
                    <E T="03">Affected Public:</E>
                     Business or Other for profits and Not-for-profit institutions; 
                    <E T="03">Number of Respondents:</E>
                     5000; 
                    <E T="03">Total Annual Responses:</E>
                     5000; 
                    <E T="03">Total Annual Hours:</E>
                     1250. 
                </P>
                <P>
                    4. 
                    <E T="03">Type of Information Collection Request:</E>
                     New collection; 
                    <E T="03">Title of Information Collection:</E>
                     Medicare Competitive Acquisition Program (CAP) for Part B Drugs Evaluation: CAP Physician Survey; 
                    <E T="03">Form Numbers:</E>
                     CMS-10223 (OMB#: 0938-New); 
                    <E T="03">Use:</E>
                     This physician survey is part of an overall evaluation of the Centers for Medicare and Medicaid Services congressionally mandated Competitive Acquisition for Part B Drugs and Biologicals Program (CAP). Medicare Prescription Drug Improvement and Modernization Act (MMA) section 303(d) requires the implementation of the CAP for those drugs and biologicals covered by Medicare part B that are not paid on a cost or prospective payment system. Since July 1, 2006, physicians have been given a choice between (1) Buying and billing for these covered drugs under the average sales price (ASP) system mandated in section 303(c) of the MMA; or (2) obtaining these drugs from vendors selected for the CAP in a competitive bidding process. If the physician elects to obtain drugs from a CAP vendor, the vendor, rather than the physician, will bill Medicare for the drug. The CAP is therefore a major change in the way Part B-covered drugs and biologicals are acquired and reimbursed for, requiring CMS to consider many design options. The CAP mandate includes a Report to Congress due July 1, 2008, which will include results from this physician survey; 
                    <E T="03">Frequency:</E>
                     Reporting—Once; 
                    <E T="03">Affected Public:</E>
                     Business or Other for profits; 
                    <E T="03">Number of Respondents:</E>
                     1560; 
                    <E T="03">Total Annual Responses:</E>
                     1560; 
                    <E T="03">Total Annual Hours:</E>
                     297.50. 
                </P>
                <P>
                    5. 
                    <E T="03">Type of Information Collection Request:</E>
                     Revision of a currently approved collection; 
                    <E T="03">Title of Information Collection:</E>
                     Health Insurance Common Claims Form and Supporting Regulations at 42 CFR Part 424, Subpart C; 
                    <E T="03">Form Number:</E>
                     CMS-1500 (08-05), CMS-1490-S (OMB#: 0938-0999); 
                    <E T="03">Use:</E>
                     The Form CMS-1500 answers the needs of many health insurers. It is the basic form prescribed by CMS for the Medicare program for claims from physicians and suppliers. The Medicaid State Agencies, CHAMPUS/TriCare, Blue Cross/Blue Shield Plans, the Federal Employees Health Benefit Plan, and several private health plans also use it; it is the de facto standard “professional” claim form. 
                </P>
                <P>Medicare carriers use the data collected on the CMS-1500 and the CMS-1490S to determine the proper amount of reimbursement for Part B medical and other health services (as listed in section 1861(s) of the Social Security Act) provided by physicians and suppliers to beneficiaries. The CMS-1500 is submitted by physicians/suppliers for all Part B Medicare. Serving as a common claim form, the CMS-1500 can be used by other third-party payers (commercial and nonprofit health insurers) and other Federal programs (e.g., CHAMPUS/TriCare, Railroad Retirement Board (RRB), and Medicaid). </P>
                <P>However, as the CMS-1500 displays data items required for other third-party payers in addition to Medicare, the form is considered too complex for use by beneficiaries when they file their own claims. Therefore, the CMS-1490S (Patient's Request for Medicare Payment) was explicitly developed for easy use by beneficiaries who file their own claims. The form can be obtained from any Social Security office or Medicare carrier. </P>
                <P>Since the last submission of this information collection request, we discontinued form CMS-1490U which was used by employers, unions, employer-employee organizations that pay physicians and suppliers for their services to employees, group practice prepayment plans, and health maintenance organizations. Therefore, this collection will no longer contain the CMS-1490U. </P>
                <P>
                    In sum, the CMS-1500 and CMS-1490S result in less paperwork burden placed on the public. The CMS-1500 provides efficiency in office procedures for physicians and suppliers; the CMS-1490S provides beneficiaries with a relatively easy form to use when filing their claims. Without the collection of this information, claims for reimbursement relating to the provision of Part B medical services/supplies could not be acted upon. This would result in a nationwide paralysis of the operation of the Federal Government's Medicare Part B program, and major problems for the other health plans that use the CMS-1500, inflicting severe physical and financial hardship on providers/suppliers as well as beneficiaries. 
                    <E T="03">Frequency:</E>
                     Reporting—On occasion; 
                    <E T="03">Affected Public:</E>
                     State, Local, or Tribal Government, Business or other-for-profit, Not-for-profit institutions; 
                    <E T="03">Number of Respondents:</E>
                     1,048,243; 
                    <E T="03">Total Annual Responses:</E>
                     970,174,260; 
                    <E T="03">Total Annual Hours:</E>
                     33,067,757. 
                </P>
                <P>
                    To obtain copies of the supporting statement and any related forms for the 
                    <PRTPAGE P="35713"/>
                    proposed paperwork collections referenced above, access CMS Web site address at 
                    <E T="03">http://www.cms.hhs.gov/PaperworkReductionActof1995,</E>
                     or e-mail your request, including your address, phone number, OMB number, and CMS document identifier, to 
                    <E T="03">Paperwork@cms.hhs.gov,</E>
                     or call the Reports Clearance Office on (410) 786-1326. 
                </P>
                <P>Written comments and recommendations for the proposed information collections must be mailed or faxed within 30 days of this notice directly to the OMB desk officer: OMB Human Resources and Housing Branch, Attention: Carolyn Lovett, New Executive Office Building, Room 10235, Washington, DC 20503, Fax Number: (202) 395-6974.</P>
                <SIG>
                    <DATED>Dated: June 21, 2007. </DATED>
                    <NAME>Michelle Shortt, </NAME>
                    <TITLE>Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. E7-12655 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4120-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY </AGENCY>
                <SUBAGY>U.S. Citizenship and Immigration Services </SUBAGY>
                <SUBJECT>Agency Information Collection Activities: Extension of a Currently Approved Information Collection; Request for Comments and Suggestions for Making the Form More User Friendly </SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>60-Day Notice of Information Collection Under Review: Form I-589, Application for Asylum and Withholding of Removal; OMB Control No. 1615-0067.</P>
                </ACT>
                <P>The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for sixty days until August 28, 2007. </P>
                <P>
                    Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, 4th floor, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at 
                    <E T="03">rfs.regs@dhs.gov</E>
                    . When submitting comments by e-mail please make sure to add OMB Control Number 1615-0067 in the subject box. Comments received from the public will also be provided to the Department of Justice, Executive Office for Immigration Review, for review and response as part of this information collection request. Written comments and suggestions from the public and affected agencies should address one or more of the following five points: 
                </P>
                <P>(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; </P>
                <P>(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; </P>
                <P>(3) Enhance the quality, utility, and clarity of the information to be collected; </P>
                <P>(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses; and </P>
                <P>(5) Suggest how the collection of information can be made more customer-friendly, identify any confusing and/or unnecessary language contained in the collection of information (including the form and form instructions), and offer specific ways that the form and form instructions can be improved upon or clarified so that they are more easily understood by those who do not speak English as their primary language and who may not be familiar with legal terms. Any suggested changes in language must be consistent with the statutory, regulatory and legal requirements for asylum, withholding of removal, and protection pursuant to the Convention Against Torture, and must be sufficiently precise so as to elicit the information needed by adjudicators to decide the cases before them and to provide adequate notice to the applicant of the legal consequences and requirements associated with the application. </P>
                <P>
                    <E T="03">Overview of this information collection:</E>
                </P>
                <P>
                    (1) 
                    <E T="03">Type of Information Collection:</E>
                     Extension of a currently approved information collection. 
                </P>
                <P>
                    (2) 
                    <E T="03">Title of the Form/Collection:</E>
                     Application for Asylum and for Withholding of Removal. 
                </P>
                <P>
                    (3) 
                    <E T="03">Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:</E>
                     Form I-589. U.S. Citizenship and Immigration Services. 
                </P>
                <P>
                    (4) 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract: Primary:</E>
                     Individuals or Households. This information collection will be used to determine whether an alien applying for asylum and/or withholding of deportation in the United States is classifiable as a refugee, and is eligible to remain in the United States. 
                </P>
                <P>
                    (5) 
                    <E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:</E>
                     63,138 responses at 12 hours per response. 
                </P>
                <P>
                    (6) 
                    <E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>
                     757,656 annual burden hours. 
                </P>
                <P>
                    If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please visit the USCIS Web site at: 
                    <E T="03">http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=29227b58fa16e010VgnVCM1000000ecd190aRCRD&amp;vgnextchannel=29227b58fa16e010VgnVCM1000000ecd190aRCRD.</E>
                </P>
                <P>
                    <E T="03">If additional information is required contact:</E>
                     USCIS, Regulatory Management Division, 111 Massachusetts Avenue, 3rd Floor, Washington, DC 20529, (202) 272-8377. 
                </P>
                <SIG>
                    <DATED>Dated: June 25, 2007. </DATED>
                    <NAME>Richard A. Sloan, </NAME>
                    <TITLE>Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12630 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4410-10-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="35714"/>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY </AGENCY>
                <SUBAGY>U.S. Immigration and Customs Enforcement </SUBAGY>
                <SUBJECT>Agency Information Collection Activities: Extension of an Existing Information Collection; Comment Request </SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>60-Day Notice of Information Collection Under Review; National Security Entry-Exit Registration System; OMB Control No. 1653-0036. </P>
                </ACT>
                <P>The Department of Homeland Security, U.S. Immigration and Customs Enforcement (USICE), has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for sixty days until August 28, 2007. </P>
                <P>Written comments and suggestions regarding items contained in this notice, and especially with regard to the estimated public burden and associated response time should be directed to the Department of Homeland Security (DHS), Ricardo Lemus, Chief, Records Management Branch, U.S. Immigration and Customs Enforcement, 425 I Street, NW., Room 1122, Washington, DC 20536; (202) 514-3211. </P>
                <P>Written comments and suggestions from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points: </P>
                <P>(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; </P>
                <P>(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; </P>
                <P>(3) Enhance the quality, utility, and clarity of the information to be collected; and </P>
                <P>(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. </P>
                <HD SOURCE="HD1">Overview of This Information Collection </HD>
                <P>
                    (1) 
                    <E T="03">Type of Information Collection:</E>
                     Extension of currently approved information collection. 
                </P>
                <P>
                    (2) 
                    <E T="03">Title of the Form/Collection:</E>
                     National Security Entry-Exit Registration System.
                </P>
                <P>
                    (3) 
                    <E T="03">Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:</E>
                     No Form Number, OMB Control Number 1653-0036, U.S. Immigration and Customs Enforcement. 
                </P>
                <P>
                    1. 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract:</E>
                     Primary: Individual or Households. This information collection requires certain nonimmigrant aliens to make specific reports to USICE upon arrival; approximately 30 days after arrival; every 12 months after arrival; upon certain events, such as change of address, employment or school; and at the time they leave the United States. 
                </P>
                <P>
                    (5) 
                    <E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:</E>
                     58,000 responses at 30 minutes (.50) per response. 
                </P>
                <P>
                    (6) 
                    <E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>
                     29,000 annual burden hours. 
                </P>
                <P>Comments and/or questions; requests for a copy of the proposed information collection instrument, with instructions; or inquiries for additional information should be directed to: Ricardo Lemus, Chief, Records Management Branch, U.S. Immigration and Customs Enforcement, 425 I Street, NW., Room 1122, Washington, DC 20536; (202) 616-2266. </P>
                <SIG>
                    <DATED>Dated: June 26, 2007. </DATED>
                    <NAME>Ricardo Lemus, </NAME>
                    <TITLE>Branch Chief, Records Management Branch, U.S. Immigration and Customs Enforcement, Department of Homeland Security.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. E7-12659 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 9110-34-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
                <DEPDOC>[Docket No. FR-5121-N-23]</DEPDOC>
                <SUBJECT>Notice of Proposed Information Collection: Comment Request; Home Equity Conversion Mortgage (HECM) Insurance Application for the Origination of Reverse Mortgages and Related Documents OMB Control Number 2502-0524</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Comments Due Date:</E>
                         August 28, 2007.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian Deitzer, Reports Management Officer, Department of Housing and Urban Development, 451 7th Street, SW., Room 4178, Washington, DC 20410 or 
                        <E T="03">Lillian_L_Deitzer@hud.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>James Beavers, Acting Director, Office of Single Family Program Development, Single Family Housing, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, telephone (202) 708-2121 (this is not a toll free number) for copies of the proposed forms and other available information.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. CHAPTER 35, as amended).</P>
                <P>This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.</P>
                <P>This Notice also lists the following information:</P>
                <P>
                    <E T="03">Title of Proposal:</E>
                     Home Equity Conversion Mortgage (HECM) Insurance Application for the Origination of Reverse Mortgages and Related Documents.
                </P>
                <P>
                    <E T="03">OMB Control Number, if applicable:</E>
                     2502-0524.
                    <PRTPAGE P="35715"/>
                </P>
                <P>
                    <E T="03">Description of the need for the information and proposed use:</E>
                     The documents requested are used to determine the eligibility of a reverse mortgage loan application and property requirements for FHA's mortgage insurance. This collection also ocntains disclosure requirements that will provide the prospective borrower with statutory and regulatory information needed to explain the financial implications of and alternatives to a HECM; the costs associated with obtaining a reverse mortgage; due and payable conditions and other relevant information necessary to determine if this type of mortgage transaction is for the sole benefit of the borrower. Without these documents, HUD would have difficulty in determining the eligibility of a loan application and property, thus, jeopardize the insurance fund.
                </P>
                <P>
                    <E T="03">Agency form numbers, if applicable:</E>
                     FNMA 1009 and 1003,  HUD-92900-A, HUD-92901, HUD-92902, HUD-1, HUD-92051, HUD-92800.5B, HUD-92561, FANNIE MAE 1004, FANNIE MAE 1004C, FANNIE MAE 1073, and FANNIE MAE 1025.
                </P>
                <P>
                    <E T="03">Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:</E>
                     This OMB Information Collection has an estimated total burden hours of 132,894.40, with an estimated 2,020 respondents and a total of 90,020 responses.
                </P>
                <P>
                    <E T="03">Status of the proposed information collection:</E>
                     Reinstatement of a currently approved collection OMB Control No. (2502-0524).
                </P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended.</P>
                </AUTH>
                <SIG>
                    <DATED>Dated: June 20, 2007.</DATED>
                    <NAME>Frank L. Davis, </NAME>
                    <TITLE>General Deputy Assistant Secretary for Housing—Deputy Federal Housing Commissioner.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 07-3214 Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4210-67-M</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT </AGENCY>
                <DEPDOC>[Docket No. FR-5121-N-20] </DEPDOC>
                <SUBJECT>Notice of Proposed Information Collection: Comment Request; Mortgage Record Change </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Comments Due Date:</E>
                         August 28, 2007. 
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian Deitzer, Reports Management Officer, Department of Housing and Urban Development, 451 7th Street, SW., L'Enfant Plaza Building, Room 8003, Washington, DC 20410 or 
                        <E T="03">Lillian_L_Deitzer@hud.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Silas C. Vaughn, Jr., Single Family Insurance Operations Division, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410, telephone (202) 402-3545 (this is not a toll free number) for copies of the proposed forms and other available information. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). </P>
                <P>This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. </P>
                <P>This Notice also lists the following information: </P>
                <P>
                    <E T="03">Title of Proposal:</E>
                     Mortgage Record Change. 
                </P>
                <P>
                    <E T="03">OMB Control Number, if applicable:</E>
                     2502-0422. 
                </P>
                <P>
                    <E T="03">Description of the need for the information and proposed use:</E>
                     The Mortgage Record Change information is used by FHA-approved mortgagees to comply with HUD requirements for reporting the sale of a mortgage between investors, the transfer of the mortgage servicing responsibility, and a change in mortgagors, as appropriate. The information required is used to update HUD's Insurance System and other related systems. Current data is necessary to establish mortgage premium liability, forward annual premium mortgage data to the appropriate mortgagee/servicer, and maintain premium receivables and program data regarding investors/servicer activity. Without the required data, the premium collection/monitoring function would be severely impeded and program data would be unreliable. This information is essential because HUD does case level accounting in recording premium payments by mortgagees. 
                </P>
                <P>
                    <E T="03">Agency form numbers, if applicable:</E>
                     HUD-92080 is used for multifamily loans only. Information for single family loans is collected 100% electronically. 
                </P>
                <P>
                    <E T="03">Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:</E>
                     The public reporting burden for this collection of information is estimated to be 160,025 hours annually. An estimated 2,600 respondents file 1,600,025 responses annually, and the time needed to provide the information is 6 minutes on average. 
                </P>
                <P>
                    <E T="03">Status of the proposed information collection:</E>
                     Extension of a currently approved collection. 
                </P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. </P>
                </AUTH>
                <SIG>
                    <DATED>Dated: June 22, 2007. </DATED>
                    <NAME>Frank L. Davis, </NAME>
                    <TITLE>General Deputy Assistant Secretary for Housing—Deputy Federal Housing Commissioner.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12580 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4210-67-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT </AGENCY>
                <DEPDOC>[Docket No. FR-5121-N-24] </DEPDOC>
                <SUBJECT>Notice of Proposed Information Collection: Comment Request; Minimum Property Standards for Housing </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is 
                        <PRTPAGE P="35716"/>
                        soliciting public comments on the subject proposal. 
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Comments Due Date:</E>
                         August 28, 2007. 
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian Deitzer, Reports Management Officer, Department of Housing and Urban Development, 451 7th Street, Room 4178, Washington, DC 20410 or 
                        <E T="03">Lillian_L_Deitzer@hud.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth A. Cocke, Deputy Administrator, Office of Manufactured Housing Programs, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410, telephone (202) 708-6423 (this is not a toll free number) for copies of the proposed forms and other available information. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). </P>
                <P>This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. </P>
                <P>This Notice also lists the following information: </P>
                <P>
                    <E T="03">Title of Proposal:</E>
                     Minimum Property Standards for Housing. 
                </P>
                <P>
                    <E T="03">OMB Control Number, if applicable:</E>
                     2502-0321. 
                </P>
                <P>
                    <E T="03">Description of the need for the information and proposed use:</E>
                     Information on local property standards for assisted multifamily housing and care-type facilities is collected from State and local governments to assess the equivalency of their existing housing standards in meeting HUD's minimum requirements. If such State or local codes are deemed equivalent, HUD assisted properties need only comply with such equivalent codes. 
                </P>
                <P>
                    <E T="03">Agency form numbers, if applicable:</E>
                     None. 
                </P>
                <P>
                    <E T="03">Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:</E>
                     The estimated number of burden hours needed to prepare the information collection is 8,000; the number of respondents is 1,000 generating approximately 1,000 annual responses; the frequency of response is on occasion; and the estimated time needed to prepare the response eight hours. 
                </P>
                <P>
                    <E T="03">Status of the proposed information collection:</E>
                     Extension of a currently approved collection. 
                </P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. </P>
                </AUTH>
                <SIG>
                    <DATED>Dated: June 22, 2007. </DATED>
                    <NAME>Frank L. Davis, </NAME>
                    <TITLE>General Deputy Assistant Secretary for Housing—Deputy Federal Housing Commissioner.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12581 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4210-67-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT </AGENCY>
                <DEPDOC>[Docket No. FR-5121-N-22] </DEPDOC>
                <SUBJECT>Notice of Proposed Information Collection: Comment Request; HUD Conditional Commitment/Direct Enforcement Statement of Appraised Value </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Comments Due Date:</E>
                         August 28, 2007. 
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian Deitzer, Reports Management Officer, Department of Housing and Urban Development, 451 7th Street, Room 4178, Washington, DC 20410 or 
                        <E T="03">Lillian_L._Deitzer@hud.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>James Beavers, Acting Director, Office of Single Family Program Development, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410, telephone (202) 708-2121 (this is not a toll free number) for copies of the proposed forms and other available information. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, as amended). </P>
                <P>This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. </P>
                <P>This Notice also lists the following information: </P>
                <P>
                    <E T="03">Title of Proposal:</E>
                     HUD Conditional Commitment/Direct Enforcement Statement of Appraised Value. 
                </P>
                <P>
                    <E T="03">OMB Control Number, if applicable:</E>
                     2502-0494. 
                </P>
                <P>
                    <E T="03">Description of the need for the information and proposed use:</E>
                     This request for OMB review involves an extension of a previously approved information collection, Form HUD 92800.5B, Conditional Commitment/Direct Enforcement Statement of Appraised Value (OMB control number 2502-0494). Section 203 of the National Housing Act (Pub. L. 479, 48 Stat. 1256, 12 U.S.C. 1701 
                    <E T="03">et seq.</E>
                    ) authorizes the Secretary of the Department of Housing and Urban Development to insure mortgages on single-family homes, including proposed and existing construction, when requested by FHA approved mortgagees. Form HUD 92800.5B serves as the mortgagee's conditional commitment/direct endorsement of FHA mortgage insurance on the property. The form provides for a statement of the property's appraised value and other required FHA disclosures to the homebuyer, including specific conditions that must be met before HUD can endorse a firm commitment for mortgage insurance. 
                </P>
                <P>
                    <E T="03">Agency form numbers, if applicable:</E>
                     HUD-92800.5B. 
                    <PRTPAGE P="35717"/>
                </P>
                <P>
                    <E T="03">Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response</E>
                    : The estimated number of burden hours needed to prepare the information collection is 51,000 hours; the number of respondents is 8,000 generating approximately 425,000 annual responses; the frequency of response is on occasion; and the estimated time needed to prepare the response is 7 minutes per response. 
                </P>
                <P>
                    <E T="03">Status of the proposed information collection:</E>
                     This is an extension of a currently approved collection. 
                </P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P> The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. </P>
                </AUTH>
                <SIG>
                    <DATED>Dated: June 22, 2007. </DATED>
                    <NAME>Frank L. Davis, </NAME>
                    <TITLE>General Deputy Assistant Secretary for Housing—Deputy Federal Housing Commissioner.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12582 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4210-67-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT </AGENCY>
                <DEPDOC>[Docket No. FR-5125-N-26] </DEPDOC>
                <SUBJECT>Federal Property Suitable as Facilities To Assist the Homeless </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Assistant Secretary for Community Planning and Development, HUD. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">EFFECTIVE DATE:</HD>
                    <P>June 29, 2007. </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Kathy Ezzell, Department of Housing and Urban Development, Room 7262, 451 Seventh Street, SW., Washington, DC 20410; telephone (202) 708-1234; TTY number for the hearing- and speech-impaired (202) 708-2565, (these telephone numbers are not toll-free), or call the toll-free Title V information line at 1-800-927-7588. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    In accordance with the December 12, 1988 court order in 
                    <E T="03">National Coalition for the Homeless</E>
                     v. 
                    <E T="03">Veterans Administration,</E>
                     No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today's Notice is for the purpose of announcing that no additional properties have been determined suitable or unsuitable this week. 
                </P>
                <SIG>
                    <DATED>Dated: June 21, 2007. </DATED>
                    <NAME>Mark R. Johnston, </NAME>
                    <TITLE>Deputy Assistant Secretary for Special Needs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12373 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4210-67-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR </AGENCY>
                <SUBAGY>Fish and Wildlife Service </SUBAGY>
                <SUBJECT>Notice of Availability of the Draft Comprehensive Conservation Plan and Environmental Assessment for Sabine National Wildlife Refuge </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Fish and Wildlife Service, Interior. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment (Draft CCP/EA) for Sabine National Wildlife Refuge is available for distribution. This Draft CCP/EA also covers the East Cove Unit of Cameron Prairie National Wildlife Refuge. The National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, requires the Service to develop a comprehensive conservation plan for each national wildlife refuge. This Draft CCP, when final, will describe how the Service intends to manage Sabine National Wildlife Refuge over the next 15 years. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Written comments must be received at the postal address listed below no later than July 30, 2007. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To provide written comments or to obtain a copy of the Draft CCP/EA, please write to: Southwest Louisiana National Wildlife Refuge Complex, Sabine National Wildlife Refuge, 1428 Highway 27, Bell City, Louisiana 70630; or telephone: 337-598-2216. The Draft CCP/EA may also be accessed and downloaded from the Service's Internet Site: 
                        <E T="03">http://southeast.fws.gov/planning/.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P SOURCE="NPAR">
                    <E T="03">Public Availability of Comments:</E>
                     Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. 
                </P>
                <P>
                    <E T="03">Background:</E>
                     Sabine National Wildlife Refuge was established by Executive Order 7764, dated December 6, 1937, stating the official purpose of the refuge was, “* * * as a refuge and breeding ground for migratory birds and other wildlife.” A secondary purpose of the refuge is “* * * for use as an inviolate sanctuary, or for any other management purpose, for migratory birds” [16 U.S.C. 715d (Migratory Bird Conservation Act)]. 
                </P>
                <P>Sabine National Wildlife Refuge is one of four refuges that comprise the Southwest Louisiana National Wildlife Refuge Complex. It is located eight miles south of Hackberry on State Highway 27 in Cameron Parish, Louisiana. The refuge currently occupies the marshes between Calcasieu and Sabine Lakes and consists of 125,790 acres of open water and marsh grassland. The East Cove Unit, originally established as part of Sabine National Wildlife Refuge, was administratively transferred to Cameron Prairie National Wildlife Refuge in 1992. The East Cove Unit, also in Cameron Parish, consists of 14,927 acres of brackish to intermediate marsh, bordered on the west by Calcasieu Lake, and on the north, east, and south by privately owned marshes. The East Cove Unit is also part of the Cameron Creole Watershed Project, a cooperative effort among local, State, and Federal agencies and the private sector to restore 64,000 acres of marsh in Cameron Parish. The Service manages the Cameron Creole Watershed Project under cooperative agreement among sponsors. The overall focus area to be evaluated in this Draft CCP/EA totals 140,717 acres. </P>
                <P>Significant issues addressed in the Draft CCP/EA include: Recovery from damages incurred by Hurricane Rita; management of migratory birds, with special emphasis on waterfowl (especially northern pintails and mottled ducks); management and restoration of unique coastal wetland habitats; management of oil and gas activities; access management for public use activities, including recreational freshwater sportfishing and hunting; and protection of cultural resources. </P>
                <P>
                    Also addressed in the Draft CCP/EA are compatibility determinations for the following uses: (1) Recreational freshwater sportfishing; (2) recreational sportfishing tournaments; (3) recreational hunting; (4) environmental education and interpretation; (5) wildlife observation and photography; (6) research and monitoring; (7) commercial alligator harvest; (8) commercial video and photography; (9) 
                    <PRTPAGE P="35718"/>
                    commercially guided wildlife viewing, photography, environmental education, and interpretation; and (10) beneficial use of dredge material. 
                </P>
                <P>
                    <E T="03">Alternatives:</E>
                     The Service developed three alternatives for management of the refuge (alternatives A, B, and C), with Alternative B as the proposed alternative. We believe this alternative will be the most effective one to contribute to the purpose for which the refuge was established and to the mission of the National Wildlife Refuge System. 
                </P>
                <P>Alternative A, also called the “No Action” alternative, is the baseline or status quo of refuge programs and is usually a continuation of current planning unit objectives and management strategies, with no changes or changes that would have occurred without the CCP. Sabine Refuge, which was severely affected by Hurricane Rita in September 2005, is currently closed to most activities other than essential operations, and hurricane clean-up and restoration activities. </P>
                <P>Non-essential programs, such as public use, would cease. Research monitoring activities and the fire program, including both prescribed fire as well as extinguishing wildfires, would continue. Hazardous debris removal and Coastal Wetlands Planning, Protection and Restoration Act projects would continue. Oil and gas operations would continue. Law enforcement operations would increase to ensure that the more than 300,000 annual visitors who normally use the refuge comply with the closure. Sabine Refuge staff would function at an office located off-site. Cultural resources would continue to be protected. As hurricane recovery is accomplished, the refuge would essentially be managed as it was prior to the devastation from the historic storm. The East Cove Unit would continue to be managed under an inter-agency management agreement. </P>
                <P>Alternative B, our proposed alternative, would continue to keep the refuge operational with minimal public use programs functional but at a reduced cost (near-term). It would increase marsh restoration, enhance fish and wildlife management, and expand public use (long-term). </P>
                <P>Over the near-term, programs would continue throughout the refuge commensurate with the levels of hazardous material clean-up and restoration. Over time, public use areas would be re-opened as repairs to infrastructure and restoration of habitat occur. Fire and research programs would remain active. Existing oil and gas operations would continue at the normal level, but new operations would be closely assessed under Service regulations and Federal laws. Staff assigned to the refuge would function out of a hurricane-resistant building to be located at the original headquarters site. </P>
                <P>Over the long-term, under Alternative B, Sabine Refuge would increase marsh restoration and enhance wildlife management, stepping up these efforts from current levels. Like Alternative A, Alternative B would maintain salinity monitoring throughout the refuge at established discrete salinity stations. Improving water quality would be a major thrust for the refuge. The refuge would provide additional opportunities for friends, volunteers, partners, and interns to assist the refuge. </P>
                <P>Management of the East Cove Unit under Alternative B would be identical to Alternative A. Gates at the water control structures would be operated to restore preferred vegetated plant communities associated with intermediate or possibly slightly brackish environments. Staff would evaluate the use of terraces to improve vegetation of open-water areas. During the life of the CCP, an assessment would be conducted to determine the need for sanctuary in the East Cove Unit, which would minimize detrimental waterfowl disturbances. The invasion of exotic plant species, with special emphasis on giant salvinia, would be monitored. Public fishing access to the East Cove Unit would be improved. </P>
                <P>Alternative C would hold the refuge in custodial form. Major restoration and recovery efforts from devastation caused by Hurricane Rita would be curtailed. The fire and research programs would remain active throughout the refuge. Oil and gas operations would continue at the current level. No active habitat management would occur. Instead, refuge and complex staff would serve as good caretakers or custodians of the refuge, observing and monitoring the natural forces and ecological succession that would shape its habitats and effectively determine their suitability for wildlife. The Service would conduct no prescribed fire and would limit fire management to hazardous fuel reduction and suppression of wildfires. There would be no need to replace and upgrade equipment and facilities, such as pumps, tractors, and water control structures. This alternative would result in very little effective high-quality waterfowl sanctuary. That is, high ground would succeed to a mix of Chinese tallow, willow, and hackberry, while lower ground reverted to dense stands of maidencane. There would be few open areas. </P>
                <P>With regard to public use, each of the six priority public uses would be strongly encouraged but facilities would be limited. Management of cultural resources and the East Cove Unit under Alternative C would be identical to Alternatives A and B. </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Judy McClendon, Natural Resource Planner, Telephone: 870/347-2074, Extension 43; Fax: 870/347-2908; or electronically at: 
                        <E T="03">Judy_McClendon@fws.gov</E>
                        . 
                    </P>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>This notice is published under the authority of the National Wildlife Refuge System Improvement Act of 1997, Public Law 105-57. </P>
                    </AUTH>
                    <SIG>
                        <DATED>Dated: April 30, 2007. </DATED>
                        <NAME>Cynthia K. Dohner, </NAME>
                        <TITLE>Acting Regional Director.</TITLE>
                    </SIG>
                </FURINF>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12628 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4310-55-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR </AGENCY>
                <SUBAGY>Bureau of Land Management </SUBAGY>
                <DEPDOC>[WO-220-07-1020-JA-VEIS] </DEPDOC>
                <SUBJECT>Notice of Availability of Final Programmatic Environmental Impact Statement and Environmental Report for Vegetation Treatments on Public Lands Administered by the Bureau of Land Management in the Western United States, Including Alaska </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Land Management, Interior. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Availability. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), the Bureau of Land Management (BLM) hereby gives notice that the Final Programmatic Environmental Impact Statement and Final Environmental Report on vegetation treatments involving the use of chemical herbicides and other methods on the public lands administered by 11 BLM State offices in 17 western States, including Alaska, is available for public review and comment. The BLM is the lead Federal agency for the preparation of this Final Programmatic EIS in compliance with the requirements of NEPA. If it is approved, the BLM would: </P>
                    <P>1. Approve the use of four new herbicide formulations on public lands. </P>
                    <P>2. Decide which of 20 currently approved herbicides will continue to be used on public lands. </P>
                    <P>3. Decide on a protocol to follow that adds new EPA-registered chemical formulations to the BLM list of approved herbicides. </P>
                    <P>
                        4. Identify which best management practices should be used with all 
                        <PRTPAGE P="35719"/>
                        applications of herbicide and other types of vegetation treatment methods (mechanical, fire, biological, etc). 
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The document will be available for July 30, 2007. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The Final Programmatic EIS and associated documents will be available for review in either hard copy or on compact disks (CDs) at all BLM State, District, and Field Office public rooms. The entire document can also be reviewed or downloaded at the BLM National Web site 
                        <E T="03">http://www.blm.gov.</E>
                         Written comments should be sent to Project Manager, National Vegetation EIS, BLM Nevada State Office, P.O. Box 12000, Reno, NV 89520-0006. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. 
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Brian Amme, Project Manager at (775) 861-6645 or e-mail: 
                        <E T="03">brian_amme@blm.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This Final Programmatic EIS provides a comprehensive analysis of the BLM's use of chemical herbicides in its various vegetation treatment programs related to hazardous fuels reduction, invasive terrestrial and aquatic plant species management, noxious weeds, and resource rehabilitation following catastrophic fires, and other disturbances. </P>
                <P>In addition, an accompanying environmental report for vegetation provides an assessment of the expected effects of the use of herbicides, in addition to other vegetation treatment methods (fire, mechanical, manual, and biological) on up to approximately 5,030,000 acres of public lands per year. Together, these documents: </P>
                <P>• Consider reasonably foreseeable activities, particularly hazardous fuels reduction treatments, emergency stabilization and rehabilitation efforts, noxious weeds, and invasive terrestrial plant species management. </P>
                <P>• Address human health and ecological risk for proposed use of chemical herbicides on public lands. </P>
                <P>• Provide a cumulative impact analysis for the use of chemical herbicides in conjunction with other treatment methods. </P>
                <P>The Final Programmatic EIS is neither a land-use plan nor a land-use plan amendment. The Final Programmatic EIS and Environmental Report will provide a comprehensive, programmatic NEPA document and environmental report that allows effective tiering and incorporation by reference, environmental effects and baseline cumulative impact assessments for other new, revised, or existing land use and activity level plans and implementation projects that involve vegetation modification or maintenance. This Final Programmatic EIS does not affect the status of the herbicide court injunction in Oregon. The analysis area includes only surface estate public lands administered by 11 BLM State offices: Alaska, Arizona, California, Colorado, Idaho, Montana (North Dakota/South Dakota), New Mexico (Oklahoma/Texas/Nebraska), Nevada, Oregon (Washington), Utah, and Wyoming. </P>
                <P>The BLM issued a Notice of Availability of the Draft Vegetation Treatments Using Herbicides Programmatic Environmental Impact Statement and Draft Programmatic Environmental Report on November 10, 2005. The BLM held ten public hearings in late 2005, and extended the public comment period an additional 30 days to February 10, 2006. </P>
                <P>The BLM responded to over 3,000 individual public comments during the Draft Programmatic EIS public review period. Comment responses and resultant changes in the impact analysis are documented in this Final Programmatic EIS and Environmental Report per requirements under 40 CFR 1503.4. Additional information and analysis is included in the Final Programmatic EIS addressing comments related to chemical degradates, use of surfactants and risks associated with endocrine disrupting chemicals. In addition, the Final Programmatic EIS contains subsistence analysis required under Section 801(a) of the Alaska National Interest Lands Conservation Act (ANILCA). The BLM will prepare a Record of Decision (ROD) for the EIS after July 30, 2007. </P>
                <SIG>
                    <NAME>Bud Cribley, </NAME>
                    <TITLE>Deputy Assistant Director, Renewable Resources and Planning.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12533 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4310-84-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR </AGENCY>
                <SUBAGY>Minerals Management Service </SUBAGY>
                <SUBJECT>Outer Continental Shelf (OCS), Eastern Gulf of Mexico (GOM), Proposed Oil and Gas Lease Sale 224, March 2008 </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Minerals Management Service (MMS), Interior. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Availability (NOA) of the Draft Supplemental Environmental Impact Statement and Public Hearings. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The MMS has prepared a draft supplemental environmental impact statement (SEIS) on a tentatively scheduled 2008 oil and gas leasing proposal (Sale 224) in the Eastern GOM, off the States of Louisiana, Mississippi, Alabama, and Florida. As mandated in the recently enacted Gulf of Mexico Energy Security Act (GOMESA) of 2006 (Pub. L. 109-432, December 20, 2006), the MMS shall offer a portion of the “181 Area,” located in the Eastern Planning Area, more than 125 miles from Florida for oil and gas leasing. The proposed action involves 130 tracts. </P>
                </SUM>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>The NOA and notice of public hearings is published pursuant to the regulations (40 CFR 1503) under the authority of the National Environmental Policy Act (NEPA); the Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. 4371 et seq.); Section 309 of the Clean Air Act, as amended (42 U.S.C. 7609); and Executive Order 11514 (March 5, 1970, as amended by Executive Order 11991 (May 24, 1977). </P>
                </AUTH>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The recently enacted GOMESA of 2006 (Pub. L. 109-432, December 20, 2006) mandated MMS to offer a portion of the “181 Area” located in the newly defined Eastern Planning Area, more than 125 miles from Florida and west of the Military Mission Line (86 degrees, 41 minutes 30 seconds West longitude) for oil and gas leasing “as soon as practicable, but not later than 1 year, after the date of enactment of this Act.” The Act mandates offering this area “notwithstanding the omission of the 181 Area * * * from any OCS leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344).” However, this action is not exempted from other legal requirements, such as NEPA or the Coastal Zone Management Act (CZMA). The MMS has prepared an SEIS to the original Sale 181 EIS published in 2001 (which encompassed the lands now being considered for Sale 224) in order to address these requirements. To meet the 1-year requirements of GOMESA, this sale should be held no later than December 2007. However, to comply fully with all pertinent laws, rules, and 
                    <PRTPAGE P="35720"/>
                    regulations, and to allow the public an opportunity to participate in the NEPA process, the earliest MMS would be able to offer this area for leasing would be approximately March 2008. Postponing the sale to be held as “soon as practicable” while complying with all applicable laws is in the best interests of all parties, including the American public as owners of these resources. It also is more economical and efficient for the Government and industry to hold this sale in conjunction with Central GOM Sale 206 at the same time and location. The area to be offered in Sale 224 is small, approximately 130 tracts, whereas recent Central Gulf sales have offered over 4,000 tracts. The logistics of holding a sale are intensive and relatively costly; therefore, it makes sense to hold the smaller sale in conjunction with a larger sale. Additionally, holding Sale 224 in conjunction with Sale 206 would help ensure that a sufficient number of companies would be represented in bidding, which may enhance the number of bids and possibly the revenue generated by more competitive bidding. 
                </P>
                <P>
                    This NOA follows the Call for Information and Nominations and the Notice of Intent to Prepare an EIS in the prelease process for the sale. The draft SEIS associated with this NOA updated the environmental and socioeconomic analyses in the 
                    <E T="03">Gulf of Mexico OCS Oil and Gas Lease Sale 181, Eastern Planning Area Final EIS</E>
                     (OCS EIS/EA MMS 2001-051), which addressed the original “Sale 181 Area.” The MMS plans to complete the requirements of NEPA, the OCS Lands Act, and CZMA coverage for the proposed lease sale. 
                </P>
                <P>
                    <E T="03">SEIS Availability:</E>
                     To obtain a single, printed or CD-ROM copy of the draft SEIS, you may contact the Minerals Management Service, Gulf of Mexico OCS Region, Public Information Office (MS 5034), 1201 Elmwood Park Boulevard, Room 114, New Orleans, Louisiana 70123-2394 (1-800-200-GULF). An electronic copy of the draft SEIS is available at the MMS Internet Web site at 
                    <E T="03">http://www.gomr.mms.gov/homepg/regulate/environ/nepa/nepaprocess.html.</E>
                     Many libraries along the Gulf Coast have been sent copies of the draft SEIS. To find out which libraries, and their locations, have copies of the draft SEIS for review, you may contact the MMS Public Information Office or visit the MMS Internet Web site at 
                    <E T="03">http://www.gomr.mms.gov/homepg/regulate/environ/libraries.html.</E>
                </P>
                <P>
                    <E T="03">Public Hearings:</E>
                     The MMS will hold public hearings to receive comments on the draft SEIS. The public hearings are scheduled as follows: 
                </P>
                <P>• July 24, 2007, Larose Civic Center, Larose Regional Park, Larose, Louisiana, 7 p.m. </P>
                <P>• July 26, 2007, Florida New World Landing, 600 South Palafox Street, Pensacola, Florida, 3 p.m. and 7 p.m. </P>
                <P>If you wish to present testimony at a hearing, you should register one hour prior to the meeting. Each hearing will briefly recess when all speakers have had an opportunity to speak. If there are no additional speakers, the hearing will adjourn immediately after the recess. Written statements submitted at a hearing will be considered part of the hearing record. If you are unable to attend the hearings, you may submit written statements. </P>
                <P>
                    <E T="03">Comments:</E>
                     Federal, State, and local government agencies, and other interested parties are requested to send their written comments on the draft SEIS in one of the following two ways: 
                </P>
                <P>1. In written form enclosed in an envelope labeled “Comments on the Lease Sale 224 SEIS” and mailed (or hand carried) to the Regional Supervisor, Leasing and Environment (MS 5410), Minerals Management Service, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394. </P>
                <P>
                    2. Electronically to the MMS e-mail address: 
                    <E T="03">environment@mms.gov.</E>
                </P>
                <P>Comments should be submitted no later than 45 days from the publication of this NOA. </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Minerals Management Service, Mr. Dennis Chew, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394, (504) 736-2793. </P>
                    <SIG>
                        <DATED>Dated: June 19, 2007. </DATED>
                        <NAME>James F. Bennett, </NAME>
                        <TITLE>Acting Associate Director for Offshore Minerals Management.</TITLE>
                    </SIG>
                </FURINF>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12667 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4310-MR-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR </AGENCY>
                <SUBAGY>Minerals Management Service </SUBAGY>
                <SUBJECT>Outer Continental Shelf Official Protraction Diagrams </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Minerals Management Service, Interior. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Availability of revised North American Datum of 1927 (NAD 27) Outer Continental Shelf Official Protraction Diagrams. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        Notice is hereby given that effective with this publication, the following NAD 27-based Outer Continental Shelf Official Protraction Diagrams, with revision dates as indicated, are available for information only, in the Gulf of Mexico OCS Regional Office, New Orleans, Louisiana. Copies are also available for download at 
                        <E T="03">http://www.mms.gov/ld/maps.htm.</E>
                         The Minerals Management Service in accordance with its authority and responsibility under Title 43, Code of Federal Regulations, is updating the basic record used for the description of mineral and oil and gas lease sales in the geographic areas they represent. 
                    </P>
                    <HD SOURCE="HD1">Outer Continental Shelf Official Protraction Diagrams in the Central and Eastern Gulf of Mexico Planning Areas </HD>
                    <HD SOURCE="HD2">Description/Date </HD>
                    <P>NH16-05 (Pensacola)—February 28, 2007. </P>
                    <P>NH16-08 (Destin Dome)—February 28, 2007. </P>
                    <P>NH16-11 (De Soto Canyon)—February 28, 2007. </P>
                    <P>NG16-02 (Lloyd Ridge)—February 28, 2007. </P>
                    <P>NG16-05 (Henderson)—February 28, 2007. </P>
                    <P>NG16-08 (Florida Plain)—February 28, 2007. </P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Copies of Official Protraction Diagrams (OPDs) and Leasing Maps are $2.00 each. These may be purchased from the Public Information Unit, Information Services Section, Gulf of Mexico OCS Region, Minerals Management Service, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394, Telephone (504) 736-2519 or (800) 200-GULF. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Official Protraction Diagrams and Leasing Maps may be obtained in two digital formats: 
                    <E T="03">gra</E>
                     files for use in ARC/INFO and 
                    <E T="03">.pdf</E>
                     files for viewing and printing in Adobe Acrobat. 
                </P>
                <SIG>
                    <DATED>Dated: May 29, 2007. </DATED>
                    <NAME>Chris C. Oynes, </NAME>
                    <TITLE>Associate Director for Offshore Minerals Management.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12579 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4310-MR-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="35721"/>
                <AGENCY TYPE="N">INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO </AGENCY>
                <SUBJECT>United States Section; Notice of Availability of a Draft Environmental Assessment and Finding of No Significant Impact for Improvements to the Donna-Brownsville Levee System, in the Lower Rio Grande Flood Control Project, Hidalgo and Cameron Counties, Texas </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>United States Section, International Boundary and Water Commission, United States and Mexico. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Availability of Draft Environmental Assessment (EA) and Draft Finding of No Significant Impact (FONSI). </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, the Council on Environmental Quality Final Regulations (40 CFR Parts 1500 through 1508), and the United States Section, International Boundary and Water Commission's (USIBWC) Operational Procedures for Implementing Section 102 of NEPA, published in the 
                        <E T="04">Federal Register</E>
                         September 2, 1981, (46 FR 44083); the USIBWC hereby gives notice that the Draft Environmental Assessment and FONSI for Improvements to the Donna-Brownsville Levee System, in the Lower Rio Grande Flood Control Project, located in Hidalgo and Cameron Counties, Texas, are available. An environmental impact statement will not be prepared unless additional information which may affect this decision is brought to our attention within 30-days from the date of this Notice. 
                    </P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Daniel Borunda, Environmental Protection Specialist, Environmental Management Division, United States Section, International Boundary and Water Commission; 4171 N. Mesa, C-100; El Paso, Texas 79902. Telephone: (915) 832-4767; e-mail: 
                        <E T="03">daniel.borunda@ibwc.state.gov</E>
                        .
                    </P>
                </FURINF>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on the Draft EA and Draft FONSI will be accepted within 30 days from the date of this Notice. </P>
                </DATES>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background </HD>
                <P>The USIBWC is authorized to construct, operate, and maintain any project or works projected by the United States of America on the Lower Rio Grande Flood Control Project (LRGFCP), as authorized by the Act of the 74th Congress, Sess. I Ch. 561 (H.R. 6453), approved August 19, 1935 (49 Stat. 660), and codified at 22 U.S.C. Section 277, 277a, 277b, 277c, and Acts amendatory thereof and supplementary thereto. </P>
                <P>The LRGFCP was constructed to protect urban, suburban, and highly developed irrigated farmland along the Rio Grande delta in the United States and Mexico. </P>
                <P>The USIBWC, in cooperation with the U.S. Fish and Wildlife Service (USFWS), prepared this Draft Environmental Assessment (Draft EA) for the proposed action of raising the Donna-Brownsville Levee System located in Hidalgo and Cameron Counties, Texas to improve flood control. This levee system is part of the LRGFCP that extends approximately 180 miles from the Town of Peñitas in south Texas to the Gulf of Mexico. The Donna-Brownsville Levee extends 65 miles along the Rio Grande, downstream from the Donna Pump Station in Hidalgo County to an area east of Brownsville, approximately 28 miles upstream of the Gulf of Mexico, in Cameron County. </P>
                <HD SOURCE="HD1">Proposed Action </HD>
                <P>The Proposed Action would increase the flood containment capacity of the Donna-Brownsville Levee System by raising elevation of a number of levee segments to meet a 3-foot freeboard design criterion for flood protection. Height increases up to 2 feet are typically needed to reach the design freeboard value. The increase in levee height will result in an expansion to the levee footprint by lateral extension of the structure. Structural improvements may be required for some levee segments where seepage is a potential problem. </P>
                <HD SOURCE="HD1">Alternatives to the Proposed Action </HD>
                <P>A No Action Alternative was evaluated for the Donna-Brownsville Levee System. This alternative will retain the existing configuration of the system, as designed over 30 years ago, and the current level of protection currently associated with this system. Under severe storm events, current containment capacity may be insufficient to fully control Rio Grande flooding, with risks to personal safety and potential property damage. </P>
                <HD SOURCE="HD1">Summary of Findings </HD>
                <P>Pursuant to NEPA guidance (40 Code of Federal Regulations 1500-1508), The President's Council on Environmental Quality issued regulations for NEPA implementation, which included provisions for both the content and procedural aspects of the required Environmental Assessment. The USIBWC completed an EA of the potential environmental consequences of raising the Donna-Brownsville Levee System to meet current requirements for flood control. The EA, which supports this Finding of No Significant Impact, evaluated the Proposed Action and No Action Alternative. </P>
                <HD SOURCE="HD1">Levee System Evaluation </HD>
                <HD SOURCE="HD2">No Action Alternative</HD>
                <P>The No Action Alternative was evaluated as the single alternative action to the Proposed Action. The No Action Alternative will retain the current configuration of the Donna-Brownsville Levee System, with no impacts to biological and cultural resources, land use, community resources, or environmental health issues. In terms of flood protection, however, current containment capacity under the No Action Alternative may be insufficient to fully control Rio Grande flooding under severe storm events, with associated risks to personal safety and property. </P>
                <HD SOURCE="HD2">Proposed Action </HD>
                <HD SOURCE="HD3">Biological Resources </HD>
                <P>Improvements to the Donna-Brownsville Levee System require excavation and fill activities that would affect plant communities within the expanded levee footprint area. Nearly all vegetation removal, 51.5 acres, would be limited to invasive-species grassland that is expected to be rapidly re-established. While approximately 17 percent of the 65 mile levee system is adjacent to conservation areas, those non-native grasslands are located within the right-of-way (ROW) and have very limited value as wildlife habitat. No significant effects are anticipated for any of the 15 threatened and endangered species with potential habitat in the vicinity of the levee system. No wetlands are located within the potential levee expansion area. </P>
                <HD SOURCE="HD3">Cultural Resources </HD>
                <P>
                    Improvements to the Donna-Brownsville Levee System may adversely affect known archaeological resources, by mechanical excavation or by burial under the expanded levee footprint. Resources potentially affected include eight areas that may contain historic or prehistoric archaeological materials, and one known archaeological site. Out of 65 historic-age resources located in the levee system vicinity, twelve could be affected by the proposed levee improvements. Those historic-age resources are mostly associated with irrigation structures and canals adjacent to the levee system. 
                    <PRTPAGE P="35722"/>
                </P>
                <HD SOURCE="HD3">Water Resources </HD>
                <P>Improvements to the levee system would increase flood containment capacity to control the design flood event with a negligible increase in water surface elevation. Levee footprint expansion would not affect water bodies. </P>
                <HD SOURCE="HD3">Land Use </HD>
                <P>The expansion would take place almost completely within the ROW and would not affect urban or agricultural lands. A minimum removal of woodland from natural resources management areas, less than 1 acre, would be required. </P>
                <HD SOURCE="HD3">Community Resources </HD>
                <P>In terms of socioeconomic resources, the influx of federal funds into Hidalgo and Cameron Counties from the levee improvement project would have a positive local economic impact limited to the construction period; the impact would represent less than 1 percent of the annual county employment, income and sales values. No adverse impacts to disproportionately high minority and low-income populations were identified for construction activities. Moderate utilization of public roads is required during construction; a temporary increase in access road use would be required for equipment mobilization to staging areas. </P>
                <HD SOURCE="HD3">Environmental Health Issues </HD>
                <P>Estimated air emissions of five criteria pollutants during construction represent from 0.06 percent to 1.64 percent of the Hidalgo and Cameron Counties annual emissions inventory. There would be a moderate increase in ambient noise levels due to excavation and fill activities. No long-term and regular exposure is expected above noise threshold values. A database search identified a number of waste storage or disposal sites in the levee system vicinity, all located within the City of Brownville. None of those sites would affect, or be affected, by the levee improvement project. </P>
                <HD SOURCE="HD3">Best Management Practices and Mitigation </HD>
                <P>Engineering design measures will be used, including optimization of the levee expansion alignment to avoid impacts on wooded vegetation, wetlands, and other natural resources. Best management practices during construction will include development of a storm water pollution prevention plan to avoid impacts to receiving waters, and use of sediment barriers and soil wetting to minimize erosion. </P>
                <P>To protect vegetation, the construction corridor may be re-vegetated with herbaceous or woody vegetation, as agreed with the natural resources management organization where the levee expansion corridor is located. To protect wildlife, construction activities will be scheduled to occur, to the extent possible, outside the March to August bird migratory season. </P>
                <P>To avoid significant impacts on cultural resources, an additional survey of archaeological and historical resources will be conducted following completion of the engineering design phase, and mitigation actions will be adopted as recommended by the Texas Historical Commission (THC). Measures to avoid or minimize potential impacts to historical or archaeological resources will be specified in a Memorandum of Agreement between THC and the USIBWC. </P>
                <HD SOURCE="HD1">Availability </HD>
                <P>
                    Single hard copies of the Draft Environmental Assessment and Finding of No Significant Impact may be obtained by request at the above address. Electronic copies may also be obtained from the USIBWC Home Page at 
                    <E T="03">http://www.ibwc.state.gov</E>
                    .
                </P>
                <SIG>
                    <DATED>Dated: June 25, 2007. </DATED>
                    <NAME>Susan Daniel, </NAME>
                    <TITLE>General Counsel. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12509 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 7010-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">INTERNATIONAL TRADE COMMISSION </AGENCY>
                <SUBJECT>U.S. Agricultural Sales to Cuba: Certain Economic Effects of U.S. Restrictions </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>United States International Trade Commission. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Extension of date for transmitting report.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        Following receipt of a letter on June 18, 2007, from the Committee on Finance of the United States Senate (Committee), the Commission has extended to July 12, 2007, the date for transmitting its report to the Committee in investigation No. 332-489, 
                        <E T="03">U.S. Agricultural Sales to Cuba: Certain Economic Effects of U.S. Restrictions.</E>
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>June 18, 2007: Receipt of letter from the Committee. July 12, 2007: New date for transmitting the Commission's report to the Committee. </P>
                    <P>
                        <E T="03">Background:</E>
                         The Committee's letter dated June 18, 2007 and received on June 18, 2007, notes that Commission staff recently received visas to travel to Cuba and notes that the Commission will need additional time to incorporate any new information obtained during the travel into its report. To facilitate the incorporation of new information, the Committee has extended the transmittal date for the report to July 12, 2007. 
                    </P>
                    <P>
                        The Commission published notice of institution of the investigation in the 
                        <E T="04">Federal Register</E>
                         on April 15, 2007 (72 FR 16817). The notice is also available on the Commission Web site at 
                        <E T="03">http://www.usitc.gov.</E>
                         All other information about the investigation, including a description of the subject matter to be addressed, contact information, and Commission addresses, remains the same as in the original notice. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at 
                        <E T="03">http://www.usitc.gov/secretary/edis.htm.</E>
                    </P>
                </DATES>
                <SIG>
                    <DATED>Issued: June 25, 2007. </DATED>
                    <P>By order of the Commission. </P>
                    <NAME>Marilyn R. Abbott, </NAME>
                    <TITLE>Secretary to the Commission. </TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. E7-12657 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 7020-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF JUSTICE </AGENCY>
                <SUBAGY>Civil Rights Division </SUBAGY>
                <DEPDOC>[OMB Number 1190-0008] </DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Three-Year Extension Request Proposed Collection; Comments Requested: Coordination and Review Section, Civil Rights Division, United States Department of Justice </SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>30-Day Notice of Information Collection Under Review: COR Complaint Form.</P>
                </ACT>
                <P>
                    The Department of Justice (DOJ), CRT will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the 
                    <E T="04">Federal Register</E>
                     Volume 72, Number 79, Pages 20560-20561, on April 25, 2007, allowing for a 60 day comment period. 
                </P>
                <P>
                    The purpose of this notice is to allow for an additional 30 days for public comment until July 30, 2007. This process is conducted in accordance with 5 CFR 1320.10. 
                    <PRTPAGE P="35723"/>
                </P>
                <P>If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Merrily Friedlander, Chief, USDOJ-CRT-COR, 950 Pennsylvania Avenue, NW-NWB, Washington, DC 20530. </P>
                <P>Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: </P>
                <FP SOURCE="FP-1">—Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; </FP>
                <FP SOURCE="FP-1">—Evaluate 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; </FP>
                <FP SOURCE="FP-1">—Enhance the quality, utility, and clarity of the information to be collected; and </FP>
                <FP SOURCE="FP-1">
                    —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, 
                    <E T="03">e.g.</E>
                    , permitting electronic submission of responses. 
                </FP>
                <HD SOURCE="HD1">Overview of This Information Collection </HD>
                <P>
                    (1) 
                    <E T="03">Type of Information Collection:</E>
                     Extension of a currently approved collection. 
                </P>
                <P>
                    (2) 
                    <E T="03">Title of the Form/Collection:</E>
                     Complaint Form. 
                </P>
                <P>
                    (3) 
                    <E T="03">Agency form number:</E>
                     1190-0008. 
                </P>
                <P>
                    (4) 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract:</E>
                     General Public. Information is used to find jurisdiction to investigate the alleged discrimination, to seek whether a referral to another agency is necessary and to provide information needed to initiate investigation of the complaint. Respondents are individuals. 
                </P>
                <P>
                    (5) 
                    <E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:</E>
                     It is estimated that 2000 respondents will complete each form within approximately 0.50 hours. 
                </P>
                <P>
                    (6) 
                    <E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>
                     There are an estimated 1000 total annual burden hours associated with this collection. 
                </P>
                <P>
                    <E T="03">If additional information is required contact:</E>
                     Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. 
                </P>
                <SIG>
                    <DATED>Dated: June 25, 2007. </DATED>
                    <NAME>Lynn Bryant, </NAME>
                    <TITLE>Department Clearance Officer, PRA, Department of Justice.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12598 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4410-13-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF JUSTICE </AGENCY>
                <SUBAGY>Bureau of Alcohol, Tobacco, Firearms, and Explosives </SUBAGY>
                <DEPDOC>[OMB Number 1140-0011] </DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comments Requested </SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>30-Day Notice of Information Collection Under Review: Application to Make and Register a Firearm.</P>
                </ACT>
                <P>
                    The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the 
                    <E T="04">Federal Register</E>
                     Volume 72, Number 79, page 20561 on April 25, 2007, allowing for a 60-day comment period. 
                </P>
                <P>The purpose of this notice is to allow for an additional 30 days for public comment until July 30, 2007. This process is conducted in accordance with 5 CFR 1320.10. </P>
                <P>Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to The Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to (202) 395-5806. </P>
                <P>Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: </P>
                <FP SOURCE="FP-1">—Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; </FP>
                <FP SOURCE="FP-1">—Evaluate the accuracy of the agencies' estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; </FP>
                <FP SOURCE="FP-1">—Enhance the quality, utility, and clarity of the information to be collected; and </FP>
                <FP SOURCE="FP-1">
                    —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, 
                    <E T="03">e.g.</E>
                    , permitting electronic submission of responses. 
                </FP>
                <HD SOURCE="HD1">Overview of This Information Collection </HD>
                <P>
                    (1) 
                    <E T="03">Type of Information Collection:</E>
                     Extension of a Currently Approved Collection. 
                </P>
                <P>
                    (2) 
                    <E T="03">Title of the Form/Collection:</E>
                     Application to Make and Register a Firearm. 
                </P>
                <P>
                    (3) 
                    <E T="03">Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection:</E>
                      
                    <E T="03">Form Number:</E>
                     ATF F 1 (5320.1). Bureau of Alcohol, Tobacco, Firearms and Explosives. 
                </P>
                <P>
                    (4) 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract:</E>
                      
                    <E T="03">Primary:</E>
                     Individuals or households. 
                    <E T="03">Other:</E>
                     Business or other for-profit, State, Local, or Tribal Government. 
                    <E T="03">Abstract:</E>
                     The form is used by persons applying to make and register a firearm that falls within the purview of the National Firearms Act. The information supplied by the applicant on the form helps to establish the applicant's eligibility. 
                </P>
                <P>
                    (5) 
                    <E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:</E>
                     There will be an estimated 1,071 respondents, who will complete the form within approximately 4 hours. 
                </P>
                <P>
                    (6) 
                    <E T="03">An estimate of the total burden (in hours) associated with the collection:</E>
                     There are an estimated 4,284 total burden hours associated with this collection. 
                </P>
                <P>
                    <E T="03">If additional information is required contact:</E>
                     Lynn Bryant, Department Clearance Officer, United States Department of Justice, Policy and Planning Staff, Justice Management Division, Suite 1600, Patrick Henry Building, 601 D Street, NW., Washington, DC 20530. 
                </P>
                <SIG>
                    <PRTPAGE P="35724"/>
                    <DATED>Dated: June 25, 2007. </DATED>
                    <NAME>Lynn Bryant, </NAME>
                    <TITLE>Department Clearance Officer, PRA, United States Department of Justice.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. E7-12599 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4410-FY-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF JUSTICE </AGENCY>
                <SUBAGY>Bureau of Alcohol, Tobacco, Firearms and Explosives </SUBAGY>
                <DEPDOC>[OMB Number 1140-0012] </DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comments Requested </SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>30-Day Notice of Information Collection Under Review:  Notice of Firearms Manufactured or Imported. </P>
                </ACT>
                <P>
                    The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the 
                    <E T="04">Federal Register</E>
                     Volume 72, Number 79, page 20562 on April 25, 2007, allowing for a 60-day comment period. 
                </P>
                <P>The purpose of this notice is to allow for an additional 30 days for public comment until July 30, 2007. This process is conducted in accordance with 5 CFR 1320.10. </P>
                <P>Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to The Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to (202) 395-5806. </P>
                <P>Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: </P>
                <FP SOURCE="FP-1">—Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; </FP>
                <FP SOURCE="FP-1">—Evaluate the accuracy of the agencies' estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; </FP>
                <FP SOURCE="FP-1">—Enhance the quality, utility, and clarity of the information to be collected; and </FP>
                <FP SOURCE="FP-1">
                    —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, 
                    <E T="03">e.g.</E>
                    , permitting electronic submission of responses. 
                </FP>
                <HD SOURCE="HD1">Overview of This Information Collection </HD>
                <P>
                    (1) 
                    <E T="03">Type of Information Collection:</E>
                     Extension of a currently approved collection. 
                </P>
                <P>
                    (2) 
                    <E T="03">Title of the Form/Collection:</E>
                     Notice of Firearms Manufactured or Imported. 
                </P>
                <P>
                    (3) 
                    <E T="03">Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection:</E>
                      
                    <E T="03">Form Number:</E>
                     ATF F 2 (5320.2). Bureau of Alcohol, Tobacco, Firearms and Explosives. 
                </P>
                <P>
                    (4) 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract:</E>
                      
                    <E T="03">Primary:</E>
                     Business or other for-profit. 
                    <E T="03">Other:</E>
                     Federal Government, State, Local, or Tribal Government. Abstract: ATF 2 (5320.2) is used by a federally qualified firearms manufacturer or importer to report firearms manufactured or imported and to have these firearms registered in the National Firearms Registration and Transfer Record as proof of the lawful existence of the firearm. 
                </P>
                <P>
                    (5) 
                    <E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:</E>
                     There will be an estimated 816 respondents who will complete the form within approximately 45 minutes. 
                </P>
                <P>
                    (6) 
                    <E T="03">An estimate of the total burden (in hours) associated with the collection:</E>
                     There are an estimated 3,750 total burden hours associated with this collection. 
                </P>
                <P>
                    <E T="03">If additional information is required contact:</E>
                     Lynn Bryant, Department Clearance Officer, United States Department of Justice, Policy and Planning Staff, Justice Management Division, Suite 1600, Patrick Henry Building, 601 D Street, NW., Washington, DC 20530. 
                </P>
                <SIG>
                    <DATED>Dated: June 25, 2007. </DATED>
                    <NAME>Lynn Bryant, </NAME>
                    <TITLE>Department Clearance Officer, PRA, United States Department of Justice.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12600 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4410-FY-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
                <SUBAGY>Bureau of Alcohol, Tobacco, Firearms and Explosives </SUBAGY>
                <DEPDOC>[OMB Number 1140-0053] </DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comments Requested </SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>30-Day Notice of Information Collection Under Review: Training Registration Request for Non-ATF Employees.</P>
                </ACT>
                <P>
                    The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the 
                    <E T="04">Federal Register</E>
                     Volume 72, Number 83, page 23847 on May 1, 2007, allowing for a 60-day comment period. 
                </P>
                <P>The purpose of this notice is to allow for an additional 30 days for public comment until July 30, 2007. This process is conducted in accordance with 5 CFR 1320.10. </P>
                <P>Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to The Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to (202) 395-5806. </P>
                <P>Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: </P>
                <FP SOURCE="FP-1">—Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; </FP>
                <FP SOURCE="FP-1">—Evaluate the accuracy of the agencies' estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; </FP>
                <FP SOURCE="FP-1">
                    —Enhance the quality, utility, and clarity of the information to be collected; and 
                    <PRTPAGE P="35725"/>
                </FP>
                <FP SOURCE="FP-1">
                    —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, 
                    <E T="03">e.g.</E>
                    , permitting electronic submission of responses. 
                </FP>
                <HD SOURCE="HD1">Overview of This Information Collection </HD>
                <P>
                    (1) 
                    <E T="03">Type of Information Collection:</E>
                     Extension of a currently approved collection. 
                </P>
                <P>
                    (2) 
                    <E T="03">Title of the Form/Collection:</E>
                     Training Registration Request for Non-ATF Employees. 
                </P>
                <P>
                    (3) 
                    <E T="03">Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number:</E>
                     ATF F 6400.1. Bureau of Alcohol, Tobacco, Firearms and Explosives. 
                </P>
                <P>
                    (4) 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract: Primary:</E>
                     State, Local, or Tribal Government. 
                    <E T="03">Other:</E>
                     None. 
                    <E T="03">Abstract:</E>
                     The Bureau of Alcohol, Tobacco, Firearms and Explosives provides arson and explosive investigative techniques training to State and local investigators. The registration request form will be used by prospective students. 
                </P>
                <P>
                    (5) 
                    <E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:</E>
                     There will be an estimated 500 respondents, who will complete the form within approximately 6 minutes. 
                </P>
                <P>
                    (6) 
                    <E T="03">An estimate of the total burden (in hours) associated with the collection:</E>
                     There are an estimated 50 total burden hours associated with this collection. 
                </P>
                <P>
                    <E T="03">If additional information is required contact:</E>
                     Lynn Bryant, Department Clearance Officer, United States Department of Justice, Policy and Planning Staff, Justice Management Division, Suite 1600, Patrick Henry Building, 601 D Street, NW., Washington, DC 20530. 
                </P>
                <SIG>
                    <DATED>Dated: June 25, 2007. </DATED>
                    <NAME>Lynn Bryant, </NAME>
                    <TITLE>Department Clearance Officer, PRA, United States Department of Justice.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12601 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4410-FY-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF JUSTICE </AGENCY>
                <SUBAGY>Bureau of Alcohol, Tobacco, Firearms, and Explosives </SUBAGY>
                <DEPDOC>[OMB Number 1140-0056] </DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comments Requested </SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>30-Day Notice of Information Collection Under Review: Special Agent Medical Pre-placement.</P>
                </ACT>
                <P>
                    The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the 
                    <E T="04">Federal Register</E>
                     Volume 72, Number 80, page 20869 on April 26, 2007, allowing for a 60-day comment period. 
                </P>
                <P>The purpose of this notice is to allow for an additional 30 days for public comment until July 30, 2007. This process is conducted in accordance with 5 CFR 1320.10. </P>
                <P>Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to The Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to (202) 395-5806. </P>
                <P>Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: </P>
                <FP SOURCE="FP-1">—Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; </FP>
                <FP SOURCE="FP-1">—Evaluate the accuracy of the agencies' estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; </FP>
                <FP SOURCE="FP-1">—Enhance the quality, utility, and clarity of the information to be collected; and </FP>
                <FP SOURCE="FP-1">
                    —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, 
                    <E T="03">e.g.</E>
                    , permitting electronic submission of responses. 
                </FP>
                <HD SOURCE="HD1">Overview of This Information Collection </HD>
                <P>
                    (1) 
                    <E T="03">Type of Information Collection:</E>
                     Extension of a currently approved collection. 
                </P>
                <P>
                    (2) 
                    <E T="03">Title of the Form/Collection:</E>
                     Special Agent Medical Pre-placement. 
                </P>
                <P>
                    (3) 
                    <E T="03">Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number:</E>
                     ATF F 2300.10. Bureau of Alcohol, Tobacco, Firearms and Explosives. 
                </P>
                <P>
                    (4) 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract: Primary:</E>
                     Individuals or households. 
                    <E T="03">Other:</E>
                     None. 
                    <E T="03">Abstract:</E>
                     The form is used by a special agent who is applying for a position that has specific medical standards. The information collected is used to determine medical suitability to qualify for a position that has specific medical standards and physical requirements. The information will be used to make a recommendation on either hiring or not hiring an applicant. 
                </P>
                <P>
                    (5) 
                    <E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:</E>
                     There will be an estimated 300 respondents, who will complete the form within approximately 45 minutes. 
                </P>
                <P>
                    (6) 
                    <E T="03">An estimate of the total burden (in hours) associated with the collection:</E>
                     There are an estimated 225 total burden hours associated with this collection. 
                </P>
                <P>If additional information is required contact: Lynn Bryant, Department Clearance Officer, United States Department of Justice, Policy and Planning Staff, Justice Management Division, Suite 1600, Patrick Henry Building, 601 D Street, NW., Washington, DC 20530. </P>
                <SIG>
                    <DATED>Dated: June 25, 2007. </DATED>
                    <NAME>Lynn Bryant, </NAME>
                    <TITLE>Department Clearance Officer, PRA, United States Department of Justice.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12602 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4410-FY-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="35726"/>
                <AGENCY TYPE="S">DEPARTMENT OF JUSTICE </AGENCY>
                <SUBAGY>Federal Bureau of Investigation </SUBAGY>
                <DEPDOC>[OMB Number 1110-0011] </DEPDOC>
                <SUBJECT>Violent Criminal Apprehension Program; Agency Information Collection Activities: Current Collection; Comment Requested </SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>30-Day Notice of Information Collection Under Review of a Currently Approved Collection for which to due to Expire; 07/31/ 07—VICAP Crime Analysis Report. </P>
                </ACT>
                <P>
                    The Department of Justice, Federal Bureau of Investigation has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. Office of Management and Budget approval is being sought for the information collection listed below. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the 
                    <E T="04">Federal Register</E>
                     Volume 72, Number 77, Pages 20137-20138 on April 23, 2007, allowing for a 60-day comment period. 
                </P>
                <P>The purpose of this notice is to allow for an additional “thirty days” for public comment until July 30, 2007. This process is conducted in accordance with 5 CFR 1320.10. </P>
                <P>If you have comments, especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Program Manager, Violent Criminal Apprehension Program, National Center for the Analysis of Violent Crime, FBI Academy, Quantico, Virginia 22135, telephone number (800) 634-4097. </P>
                <P>Written comments and/or suggestions from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points: </P>
                <P>(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have the practical utility; </P>
                <P>(2) Evaluate 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; </P>
                <P>(3) Enhance the quality, utility, and clarity of the information to be collected; and </P>
                <P>
                    (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, 
                    <E T="03">e.g.</E>
                    , permitting electronic submission of responses. 
                </P>
                <HD SOURCE="HD1">Overview of This Information </HD>
                <P>
                    (1) 
                    <E T="03">Type of Information Collection:</E>
                     Approval, without change, of a currently approved collection for which approval is due to expire 07/31/2007. 
                </P>
                <P>
                    (2) 
                    <E T="03">Title of the Form/Collection:</E>
                     ViCAP Crime Analysis Report FD-676 (Rev. 7/23/2004). 
                </P>
                <P>
                    (3) 
                    <E T="03">Agency form number, if any, and the applicable component of the Department sponsoring the collection:</E>
                     None. Federal Bureau of Investigation, United States Department of Justice. 
                </P>
                <P>
                    (4) 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract:</E>
                      
                    <E T="03">Primary:</E>
                     State and local government law enforcement agencies charged with the responsibility for the investigation of violent crimes. 
                    <E T="03">Others:</E>
                     None. 
                </P>
                <P>ViCAP is a nationwide data information center which collects, collates, and analyzes crimes of violence—specifically murder and sexual assaults. Case submissions are compared to all other cases in an attempt to identify similar cases which facilitates cooperation, and coordination between law enforcement agencies and provides support to identify, track and apprehend violent serial offenders. </P>
                <P>(5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: Of the possible 17,000 government entities that are eligible to apply it is estimated that only forty to sixty percent will actually submit responses to ViCAP. The time burden of the applicants is 60 minutes per application. </P>
                <P>(6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to provide the information is estimated at 10,000 hours. </P>
                <P>
                    <E T="03">If additional information is required, contact:</E>
                     Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Suite 1600, Patrick Henry Building, 601 D Street, NW., Washington, DC 20530. 
                </P>
                <SIG>
                    <DATED>Dated: June 25, 2007. </DATED>
                    <NAME>Lynn Bryant, </NAME>
                    <TITLE>Department Clearance Office, PRA, United States Department of Justice.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12593 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4410-02-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF JUSTICE </AGENCY>
                <SUBAGY>Office of Justice Programs </SUBAGY>
                <DEPDOC>[OMB Number 1121-0030] </DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comments Requested </SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>30-day notice of information collection under review: Extension of a currently approved collection: Capital punishment report of inmates under sentence of death. </P>
                </ACT>
                <P>
                    The Department of Justice (DOJ), Office of Justice Programs, Bureau of Justice Statistics has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collected is published to obtain comments from the public and affected agencies. The proposed information collected was previously published in the 
                    <E T="04">Federal Register</E>
                     Volume 72, Number 79, pages 20562-20563, on April 25, 2007, allowing a 60-day comment period. 
                </P>
                <P>The purpose of this notice is to allow for an additional 30 days for public comment until July 30, 2007. This process is conducted in accordance with 5 CFR 1320.10. </P>
                <P>Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden or associated response time, should be directed to The Officer of Management and Budget, Officer of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to (202) 395-7285. </P>
                <P>Request written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: </P>
                <P>
                    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; 
                    <PRTPAGE P="35727"/>
                </P>
                <P>(2) Evaluate 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; </P>
                <P>(3) Enhance the quality, utility and clarity of the information to be collected; and </P>
                <P>(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses. </P>
                <HD SOURCE="HD1">Overview of This Information Collection </HD>
                <P>
                    (1) 
                    <E T="03">Type of information collection:</E>
                     Extension of a currently approved collection. 
                </P>
                <P>
                    (2) 
                    <E T="03">The title of the Form/Collection:</E>
                     Capital Punishment Report of Inmates under Sentence of Death. 
                </P>
                <P>
                    (3) 
                    <E T="03">Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection:</E>
                      
                    <E T="03">Form Number:</E>
                     NPS-8, Report of Inmates under Sentence of Death; NPS-8A Update Report of Inmate under Sentence of Death; NPS-8B Status of Death Penalty—No Statute in Force; and NPS-8C Status of Death Penalty—Statute in Force. Bureau of Justice Statistics, Office of Justice Programs, United States Department of Justice. 
                </P>
                <P>
                    (4) 
                    <E T="03">Affected public who will be asked to respond, as well as a brief abstract:</E>
                      
                    <E T="03">Primary:</E>
                     State Departments of Corrections and Attorneys General. 
                    <E T="03">Others:</E>
                     The Federal Bureau of Prisons. Approximately 104 respondents (2 from each State, the District of Columbia, and the Federal Bureau of Prisons) responsible for keeping records on inmates under sentence of death in their jurisdiction and in their custody will be asked to provide information for the following categories: condemned inmates' demographic characteristics, legal status at the time of capital offense, capital offense for which imprisoned, number of death sentences imposed, criminal history information, reason for removal and current status if no longer under sentence of death, method of execution, and cause of death by means other than execution. The Bureau of Justice Statistics uses this information in published reports and for the U.S. Congress, Executive Office of the President, State Officials, international organizations, researchers, students, the media, and others interested in criminal justices statistics. 
                </P>
                <P>
                    (5) 
                    <E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:</E>
                     142 responses at 30 minutes each for the NPS-8; 3,320 responses at 30 minutes each for the NPS-8A; and 52 responses at 15 minutes each for the NPS-8B or NPS-8C. 
                </P>
                <P>
                    (6) 
                    <E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>
                     There are an estimated 1,744 annual total burden hours associated with the collection. 
                </P>
                <P>
                    <E T="03">If additional information is required contact:</E>
                     Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. 
                </P>
                <SIG>
                    <DATED>Dated: June 25, 2007. </DATED>
                    <NAME>Lynn Bryant, </NAME>
                    <TITLE>Department Clearance Officer, PRA, Department of Justice.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12595 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4410-18-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF JUSTICE </AGENCY>
                <SUBAGY>Office of Justice Programs </SUBAGY>
                <DEPDOC>[OMB Number 1121-0277] </DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comments Requested </SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>30-Day Notice of Information Collection Under Review: Revision of currently approved collection and Extension of a currently approved Collection; Office for Victims of Crime Training and Technical Assistance Center (OVC TTAC) and OJJDP National Training and Technical Assistance Center (NTTAC) Feedback Form Package.</P>
                </ACT>
                <P>
                    The Department of Justice, Office of Justice Programs has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. Office of Management and Budget approval is being sought for the information collection listed below. This proposed information collection was previously published in the 
                    <E T="04">Federal Register</E>
                     Volume 72, Number 81, Pages 21052-21053, on April 27, 2007, allowing for a 60 day comment period. 
                </P>
                <P>The purpose of this notice is to allow for an additional 30 days for public comment until July 30, 2007. This process is conducted in accordance with 5 CFR 1320.10. </P>
                <P>Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to Pamela Leupen, Director, Technical Assistance, Publications, and Information Resources, Office for Victims of Crime, Office of Justice Programs, Department of Justice, 810 7th Street, NW., Washington, DC 20530 or Steve Antkowiak, Training and Technical Assistance Coordinator, Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, Department of Justice, 810 7th Street, NW., Washington, DC 20531. </P>
                <P>Written comments and suggestions from the public and affected agencies' concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: </P>
                <P>(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency/component, including whether the information will have practical utility; </P>
                <P>(2) Evaluate the accuracy of the agencies/components estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; </P>
                <P>(3) Enhance the quality, utility, and clarity of the information to be collected; and </P>
                <P>(4) Minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. </P>
                <HD SOURCE="HD1">Overview of This Information Collection</HD>
                <P>
                    (1) 
                    <E T="03">Type of Information Collection:</E>
                     Revisions of Currently Approved Collection and Extension of a Currently Approved Collection. 
                </P>
                <P>
                    (2) 
                    <E T="03">Title of the Form/Collection:</E>
                     OVC TTAC and NTTAC Feedback Form Package. 
                </P>
                <P>
                    (3) 
                    <E T="03">The Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number(s):</E>
                     T-100, T-200, T-300, G-100, G-200, and G-300. Office for Victims of Crime, Office of Justice Programs, Department of Justice. Additionally, the applicable agency for the NTTAC evaluation forms is the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, Department of Justice. 
                </P>
                <P>
                    (4) 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract. Primary:</E>
                     State, Local or Tribal. 
                    <E T="03">Other:</E>
                     Federal Government; Individuals 
                    <PRTPAGE P="35728"/>
                    or households; Not-for-profit institutions; Businesses or other for-profit. Abstract: The Office for Victims of Crime Training and Technical Assistance Center (OVC TTAC) and OJJDP National Training and Technical Assistance Center (NTTAC) Feedback Form Package is designed to collect the data necessary to continuously access the outcome and impact of the assistance provided through OVC TTAC and NTTAC for both monitoring and accountability purposes to continuously meet the needs of the victim services and Juvenile Justice fields. Both OVC TTAC and NTTAC will send these forms to training and technical assistance (TTA) recipients to capture important feedback on the recipient's satisfaction with the quality, efficiency, referrals, and resources provided. The data will then be used to advise OVC TTAC and NTTAC on ways to improve the support provided to its users and the field at-large. 
                </P>
                <P>
                    (5) 
                    <E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply:</E>
                     There are approximately 16,492 respondents who will each require an average of 5 minutes to respond to a single form for TTAC and approximately 4,850 respondents who will require an average of 5 minutes to respond to a single evaluation form for NTTAC. 
                </P>
                <P>
                    (6) 
                    <E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>
                     The total annual public burden hours for this information collection is estimated to be 1788 hours. 
                </P>
                <P>
                    <E T="03">If additional information is required contact:</E>
                     Lynn Bryant, Department Clearance Officer, United States Department of Justice, Planning and Policy Staff, Justice Management Division, 601 D Street, NW., Suite 1600, Washington, DC 20530. 
                </P>
                <SIG>
                    <DATED>Dated: June 25, 2007. </DATED>
                    <NAME>Lynn Bryant, </NAME>
                    <TITLE>Department Deputy Clearance Officer, United States Department of Justice.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12597 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4410-18-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF LABOR </AGENCY>
                <SUBAGY>Mine Safety and Health Administration </SUBAGY>
                <SUBJECT>Proposed Information Collection Request Submitted for Public Comment and Recommendations; Escape and Evacuation Plan </SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. </P>
                    <P>Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments concerning the proposed extension of the information collection related to Escape and Evacuation Plans. MSHA is particularly interested in comments that: </P>
                    <P>• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; </P>
                    <P>• Evaluate 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; </P>
                    <P>• Enhance the quality, utility, and clarity of the information to be collected; and </P>
                    <P>• Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit comments on or before August 28, 2007. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Send comments to: Debbie Ferraro, Management Services Division, 1100 Wilson Boulevard, Room 2171, Arlington, VA 22209-3939. Commenters are encouraged to send their comments on computer disk, or via e-mail to 
                        <E T="03">Ferraro.Debbie@DOL.GOV.</E>
                         Ms. Ferraro can be reached at (202) 693-9821 (voice), or (202) 693-9801 (facsimile). 
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Contact the employee listed in the 
                        <E T="02">ADDRESSES</E>
                         section of this notice. 
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">I. Background </HD>
                <P>Title 30, CFR 57.11053 requires the development of an escape and evacuation plan specifically addressing the unique conditions of each underground metal and nonmetal mine. Section 57.11053 also requires that revisions be made as mining progresses. The plan must be available for review by MSHA inspectors and conspicuously posted at locations convenient to all persons on the surface and underground. The plan is required to be reviewed jointly by the mine operator and MSHA at least once every six months. </P>
                <HD SOURCE="HD1">II. Current Actions </HD>
                <P>An accurate, up-to-date plan is vital to the safety of the miners and rescue personnel in the event of an underground mine emergency. The plans are periodically reviewed by MSHA personnel to ensure that plans are accurate and updated as mining progresses and that the escape routes are still effective. </P>
                <P>
                    A copy of the proposed information collection request can be obtained by contacting the employee listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section of this notice, or viewed on the internet by accessing the MSHA home page (
                    <E T="03">http://www.msha.gov/</E>
                    ) and selecting “Rules and Regs”, and then selecting “Fed Reg Docs.” 
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension of Currently Approved Collection. 
                </P>
                <P>
                    <E T="03">Agency:</E>
                     Mine Safety and Health Administration. 
                </P>
                <P>
                    <E T="03">Title:</E>
                     Escape and Evacuation Plans. 
                </P>
                <P>
                    <E T="03">OMB Number:</E>
                     1219-0046. 
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Business or other for-profit institutions. 
                </P>
                <P>
                    <E T="03">Frequency:</E>
                     On occasion. 
                </P>
                <P>
                    <E T="03">Number of Respondents:</E>
                     242. 
                </P>
                <P>
                    <E T="03">Number of Responses:</E>
                     484. 
                </P>
                <P>
                    <E T="03">Total Burden Hours:</E>
                     4,114. 
                </P>
                <P>
                    <E T="03">Total Annual Burden Cost:</E>
                     $0. 
                </P>
                <P>Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. </P>
                <SIG>
                    <DATED>Dated at Arlington, Virginia, this 25th day of June, 2007. </DATED>
                    <NAME>David L. Meyer, </NAME>
                    <TITLE>Director,  Office of Administration and Management.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12523 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4510-43-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="35729"/>
                <AGENCY TYPE="S">DEPARTMENT OF LABOR </AGENCY>
                <SUBAGY>Mine Safety and Health Administration </SUBAGY>
                <SUBJECT>Proposed Information Collection Request Submitted for Public Comment and Recommendations; Records of Results of Examinations of Self-Rescuers </SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit comments on or before August 28, 2007. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Send comments to Melissa Stoehr, Acting Chief, Records Management Branch, 1100 Wilson Boulevard, Room 2134, Arlington, VA 22209-3939. Commenters are encouraged to send their comments on computer disk, or via e-mail to 
                        <E T="03">stoehr.melissa@dol.gov.</E>
                         Ms. Stoehr can be reached at (202) 693-9827 (voice), or (202) 693-9801 (facsimile). 
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Contact the employee listed in the 
                        <E T="02">ADDRESSES</E>
                         section of this notice. 
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background </HD>
                <P>The Self-Rescue devices are subjected to harsh in-mine conditions that may result in damage to the device which could cause the device to malfunction or provide less than adequate protection. The 90-day examination of the device is necessary in order to provide for early detection of potential problems that would otherwise go undetected. Requiring the mine operator to certify the examination was made and to record any identified defects gives credibility to the program and decreases the likelihood of a person being required to use a device that may not function as designed. In addition, this information is useful in determining how durable a device may be when subjected to the harsh conditions that are encountered during in-mine use. This allows for early detection of design problems that may require the manufacturer to make changes to a device in order to assure the device will continue to function as designed and provide adequate protection in the event of an emergency. </P>
                <HD SOURCE="HD1">II. Desired Focus </HD>
                <P>Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments concerning the proposed extension. MSHA is particularly interested in comments that: </P>
                <P>• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; </P>
                <P>• Evaluate 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; </P>
                <P>• Enhance the quality, utility, and clarity of the information to be collected; and </P>
                <P>• Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. </P>
                <P>
                    A copy of the proposed information collection request may be viewed on the internet by accessing the MSHA home page (
                    <E T="03">http://www.msha.gov/</E>
                    ) and choosing “Rules and Regs”, then choosing “Fed Reg Docs.” 
                </P>
                <HD SOURCE="HD1">III. Current Actions </HD>
                <P>
                    Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments concerning the proposed extension of the information collection related to examination and certification of self-rescue devices. Because of the rugged underground mining environment to which SCSRs are subjected, the potential for these devices being rendered inoperative is high. In the event of a mine fire, mine explosion, or mine inundation, the use of self-rescuers can be the difference between life and death. Therefore it is essential that these devices be examined regularly and that they are maintained in usable and operative condition. These minimum certification and recordkeeping requirements are necessary in order to maintain credibility in the program and provide reasonable assurance that mine operators conduct the required 90-day examination of the self-rescue devices. MSHA increased the inspection effort to include quarterly evaluation of the mine operators records as well as a physical examination of a representative number of self-rescue devices. On December 8, 2006, a new final rule entitled Emergency Mine Evacuation was published. The rule affected 30 CFR parts 48, 50, and 75. Specifically, the new rule affecting the estimate of the recordkeeping burdens imposed by 30 CFR 75.1714-3(e) is § 75.1714-4, 
                    <E T="03">Additional self-contained self-rescuers</E>
                     (SCSRs) which requires that in addition to the requirements in §§ 75.1714, 75.1714-1, 75.1714-2, and 75.1714-3, the mine operator shall provide for each person who is underground at least one additional SCSR device which provides protection for a period of one hour or longer, to cover all persons in the mine. Due to the large number of devices in use in the mining industry, (approximately 62,000 devices) it is essential that mine operators continue to certify that the 90-day examination was conducted on each device, and record the results for devices that failed the 90-day examination. 
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension. 
                </P>
                <P>
                    <E T="03">Agency:</E>
                     Mine Safety and Health Administration. 
                </P>
                <P>
                    <E T="03">Title:</E>
                     Records of Results of Examinations of Self-Rescuers. 
                </P>
                <P>
                    <E T="03">OMB Number:</E>
                     1219-0044. 
                </P>
                <P>
                    <E T="03">Recordkeeping:</E>
                     One Year. 
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Business or other for-profit. 
                </P>
                <P>
                    <E T="03">Total Respondents:</E>
                     719. 
                </P>
                <P>
                    <E T="03">Total Responses:</E>
                     250,344. 
                </P>
                <P>
                    <E T="03">Average Time per Response:</E>
                     30 minutes. 
                </P>
                <P>
                    <E T="03">Estimated Total Burden Hours:</E>
                     124,375 hours. 
                </P>
                <P>
                    <E T="03">Estimated Total Burden Cost:</E>
                     $0. 
                </P>
                <P>
                    <E T="03">Total Burden Cost (operating/maintaining):</E>
                     $0. 
                </P>
                <P>Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. </P>
                <SIG>
                    <DATED>Dated at Arlington, Virginia, this 25th day of June, 2007. </DATED>
                    <NAME>David L. Meyer, </NAME>
                    <TITLE>Director, Office of Administration and Management.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12524 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4510-43-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="35730"/>
                <AGENCY TYPE="S">DEPARTMENT OF LABOR </AGENCY>
                <SUBAGY>Mine Safety and Health Administration </SUBAGY>
                <SUBJECT>Proposed Information Collection Request Submitted for Public Comment and Recommendations; Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines </SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit comments on or before August 28, 2007. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Send comments to: Debbie Ferraro, Management Services Division, 1100 Wilson Boulevard, Room 2171, Arlington, VA 22209-3939. Commenters are encouraged to send their comments on computer disk, or via e-mail to 
                        <E T="03">Ferraro.Debbie@DOL.GOV.</E>
                         Ms. Ferraro can be reached at (202) 693-9821 (voice), or (202) 693-9801 (facsimile). 
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Contact the employee listed in the 
                        <E T="02">ADDRESSES</E>
                         section of this notice. 
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background </HD>
                <P>Section 103(f) of the Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, (Mine Act) establishes miners' rights which may be exercised through a representative. Title 30, Code of Federal Regulations CFR part 40 contains procedures which a person or organization must follow in order to be identified by the Secretary as a representative of miners. The regulations define what is meant by “representative of miners,” a term that is not defined in the Mine Act. </P>
                <P>Title 30, CFR 40.3 requires the following information to be filed with the Mine Safety and Health Administration (MSHA): (1) The name, address and telephone number of the representative or organization that will serve as representative; (2) the name and address of the mine operator; the name, address and MSHA ID number, if known, of the mine; (3) a copy of the document evidencing the designation of the representative; (4) a statement as to whether the representative will serve for all purposes of the Act, or a statement of the limitation of the authority; (5) the name, address and telephone number of an alternate; (6) a statement that all the required information has been filed with the mine operator; and (7) certification that all information filed is true and correct followed by the signature of the miners' representative. Title 30, CFR 40.4 requires that a copy of the notice designating the miners' representative be posted by the mine operator on the mine bulletin board and maintained in current status. Once the required information has been filed, a representative retains his or her status unless and until his or her designation is terminated. Under 30 CFR 40.5, a representative who wishes to terminate his or her designation must file a written statement with the appropriate district manager terminating his or her designation. </P>
                <P>Section 109(d) of the Mine Act, requires each operator of a coal or other mine to file with the Secretary of Labor (Secretary), the name and address of such mine, the name and address of the person who controls or operates the mine, and any revisions in such names and addresses. Title 30, CFR part 41 implements this requirement and provides for the mandatory use of Form 2000-7, Legal Identity Report, for notifying the MSHA of the legal identity of the mine operator. </P>
                <P>The legal identity for a mine operator is fundamental to enable the Secretary to properly ascertain the identity of persons and entities charged with violations of mandatory standards. It is also used in the assessment of civil penalties which, by statute, must take into account the size of the business, its economic viability, and its history of previous violations. Because of the rapid and frequent turnover in mining company ownership, and because of the statutory considerations regarding penalty assessments, the operator is required to file information regarding ownership interest in other mines held by the operator and relevant persons in a partnership, corporation or other organization. This information is also necessary to the Office of the Solicitor in determining proper parties to actions arising under the Mine Act. </P>
                <P>Under Title 30 CFR 56.1000 and 57.1000, operators of metal and nonmetal mines must notify MSHA when the operation of a mine will commence or when a mine is closed. Openings and closings of mines are dictated by the economic strength of the mined commodity, and by weather conditions prevailing at the mine site during various seasons. </P>
                <P>
                    MSHA must be aware of openings and closings so that its resources can be used efficiently in achieving the requirements of the Mine Act, 30 U.S.C. 801 
                    <E T="03">et seq.</E>
                     Section 103(a) of the Mine Act, 30 U.S.C. 813, requires that each underground mine be inspected in its entirety at least four times a year, and each surface mine at least two times per year. Mines which operate only during warmer weather must be scheduled for inspection during the spring, summer, and autumn seasons. Mines are sometimes located a great distance from MSHA field offices and the notification required by this standard precludes wasted time and trips. 
                </P>
                <HD SOURCE="HD1">II. Desired Focus of Comments </HD>
                <P>MSHA is particularly interested in comments which: </P>
                <P>• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; </P>
                <P>• Evaluate 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; </P>
                <P>• Enhance the quality, utility, and clarity of the information to be collected; and </P>
                <P>• Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. </P>
                <P>
                    A copy of the proposed information collection request can be obtained by contacting the employee listed in the 
                    <E T="02">ADDRESSES</E>
                     section of this notice or viewed on the internet by accessing the MSHA home page (
                    <E T="03">http://www.msha.gov/</E>
                    ) and selecting “Rules and Regs”, then selecting “Fed Reg Docs.” 
                </P>
                <HD SOURCE="HD1">III. Current Actions </HD>
                <P>
                    Currently, MSHA is soliciting comments concerning the extension of the information collection requirements related to 30 CFR 40.3, 40.4, and 40.5 (Representative of Miners), 30 CFR 41.20 (Notification of Legal Identity), and 30 CFR 56.1000 and 57.1000 
                    <PRTPAGE P="35731"/>
                    (Notification of Commencement of Operations and Closing of Mines). 
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension. 
                </P>
                <P>
                    <E T="03">Agency:</E>
                     Mine Safety and Health Administration. 
                </P>
                <P>
                    <E T="03">Title:</E>
                     Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines. 
                </P>
                <P>
                    <E T="03">OMB Number:</E>
                     1219-0042. 
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Business or other for-profit. 
                </P>
                <P>
                    <E T="03">Frequency:</E>
                     On Occasion. 
                </P>
                <P>
                    <E T="03">Number of Respondents:</E>
                     4,945. 
                </P>
                <P>
                    <E T="03">Number of Responses:</E>
                     11,109. 
                </P>
                <P>
                    <E T="03">Number of Burden Hours:</E>
                     2,347. 
                </P>
                <P>
                    <E T="03">Total Burden Cost (operating/maintaining):</E>
                     $3,550. 
                </P>
                <P>Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. </P>
                <SIG>
                    <DATED>Dated at Arlington, Virginia, this 25th day of June, 2007. </DATED>
                    <NAME>David L. Meyer, </NAME>
                    <TITLE>Director, Office of Administration and Management.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12525 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4510-43-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF LABOR </AGENCY>
                <SUBAGY>Mine Safety and Health Administration </SUBAGY>
                <SUBJECT>Proposed Information Collection Request Submitted for Public Comment and Recommendations; Application for Waiver of Surface Facilities Requirements </SUBJECT>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit comments on or before August 28, 2007. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Send comments to, Debbie Ferraro, Management Services Division, 1100 Wilson Boulevard, Room 2171, Arlington, VA 22209-3939. Commenters are encouraged to send their comments on computer disk, or via e-mail to 
                        <E T="03">Ferraro.Debbie@DOL.GOV.</E>
                         Ms. Ferraro can be reached at (202) 693-9821 (voice), or (202) 693-9801 (facsimile). 
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION:</HD>
                    <P>
                        Contact the employee listed in the 
                        <E T="02">ADDRESSES</E>
                         section of this notice. 
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">I. Background </HD>
                <P>Title 30 Sections 71.400 through 71.402 and 75.1712-1 through 75.1712-3 require coal mine operators to provide bathing facilities, clothing change rooms, and sanitary flush toilet facilities in a location that is convenient for use of the miners. If the operator is unable to meet any or all of the requirements, he/she may apply for a waiver. Title 30 CFR Sections 71.403, 71.404, 75.1712-4 and 75.1712-5 provide procedures by which an operator may apply for and be granted a waiver. Applications are filed with the District Manager for the district in which the mine is located and contain the name and address of the mine operator, name and location of the mine, and a detailed statement of the grounds upon which the waiver is requested and the period of time for which it is requested. Waivers for surface coal mines may be granted for a period not to exceed one year; requests for an annual extension may be sought by the operator. Waivers for underground coal mines may be granted for extended periods of time based on the information provided by the mine operator in the request for a waiver. </P>
                <P>The purpose for the waiver is to assure the conditions at the mine make it impractical for the mine operator to provide the required facilities, and to document the circumstances for granting of the waiver. This gives the mine operator written documentation that the requirement(s) of the standard have been waived by MSHA and MSHA inspection personnel will not require the mine operator to comply with the part(s) of the standard included in the waiver. Without this written documentation, MSHA inspection personnel cannot be assured that a mine operator is not required to provide the required sanitary facilities. </P>
                <HD SOURCE="HD1">II. Desired Focus of Comments </HD>
                <P>MSHA is particularly interested in comments which: </P>
                <P>• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; </P>
                <P>• Evaluate 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; </P>
                <P>• Enhance the quality, utility, and clarity of the information to be collected; and </P>
                <P>• Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. </P>
                <P>
                    A copy of the proposed information collection request may be viewed on the internet by accessing the MSHA home page (
                    <E T="03">http://www.msha.gov/</E>
                    ) and choosing “Rules and Regs”, then choosing “Fed Reg Docs.” 
                </P>
                <HD SOURCE="HD1">III. Current Action </HD>
                <P>Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments concerning the proposed extension of the information collection related to the Application for Waiver of Surface Facilities Requirement. </P>
                <P>This information is necessary in order to assure the mine operator is not required to provide the surface facilities as required by the standard. This information provides written documentation that MSHA has waived the requirements for the applicable part(s) of the standard as outlined in the waiver. </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension. 
                </P>
                <P>
                    <E T="03">Agency:</E>
                     Mine Safety and Health Administration. 
                </P>
                <P>
                    <E T="03">Title:</E>
                     Application for Waiver of Surface Facilities Requirements. 
                </P>
                <P>
                    <E T="03">OMB Number:</E>
                     1219-0024. 
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Business or other for-profit. 
                </P>
                <P>
                    <E T="03">Number of Respondents:</E>
                     843. 
                </P>
                <P>
                    <E T="03">Number of Responses:</E>
                     843. 
                </P>
                <P>
                    <E T="03">Total Burden Hours:</E>
                     322. 
                </P>
                <P>
                    <E T="03">Total Burden Cost:</E>
                     $0. 
                </P>
                <P>Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. </P>
                <SIG>
                    <DATED>Dated at Arlington, Virginia, this 25th day of June, 2007. </DATED>
                    <NAME>David L. Meyer, </NAME>
                    <TITLE>Director, Office of Administration and Management.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12526 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4510-43-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="35732"/>
                <AGENCY TYPE="N">NUCLEAR REGULATORY COMMISSION </AGENCY>
                <SUBJECT>Governors' Designees Receiving Advance Notification of Transportation of Nuclear Waste </SUBJECT>
                <P>
                    On January 6, 1982 (47 FR 596 and 47 FR 600), the U.S. Nuclear Regulatory Commission (NRC) published in the 
                    <E T="04">Federal Register</E>
                     final amendments to 10 CFR parts 71 and 73 (effective July 6, 1982), that require advance notification to Governors or their designees by NRC licensees prior to transportation of certain shipments of nuclear waste and spent fuel. The advance notification covered in part 73 is for spent nuclear reactor fuel shipments and the notification for part 71 is for large quantity shipments of radioactive waste (and of spent nuclear reactor fuel not covered under the final amendment to 10 CFR part 73). 
                </P>
                <P>
                    The following list updates the names, addresses, and telephone numbers of those individuals in each State who are responsible for receiving information on nuclear waste shipments. The list will be published annually in the 
                    <E T="04">Federal Register</E>
                     on or about June 30, to reflect any changes in information. Current State contact information can also be accessed throughout the year at 
                    <E T="03">http://www.hsrd.ornl.gov/nrc/special/designee.pdf</E>
                    . 
                </P>
                <P>
                    Questions regarding this matter should be directed to Jenny C. Tobin, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, by e-mail at 
                    <E T="03">jct1@nrc.gov</E>
                     or by telephone at 301-415-2328. 
                </P>
                <SIG>
                    <DATED>Dated at Rockville, Maryland this 25th day of June 2007.</DATED>
                    <P>For the U.S. Nuclear Regulatory Commission. </P>
                    <NAME>Dennis K. Rathbun,</NAME>
                    <TITLE>Director,  Division of Intergovernmental Liaison and Rulemaking, Office of Federal and State Materials and Environmental Management Programs.</TITLE>
                </SIG>
                <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s50,r200,r100">
                    <TTITLE>Individuals Receiving Advance Notification of Nuclear Waste Shipments </TTITLE>
                    <BOXHD>
                        <CHED H="1">State </CHED>
                        <CHED H="1">Part 71 </CHED>
                        <CHED H="1">Part 73 </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">ALABAMA </ENT>
                        <ENT>Colonel W.M. Coppage, Director, Alabama Department of Public Safety, 500 Dexter Avenue, P.O. Box 1511, Montgomery, AL 36102-1511, (334) 242-4394, 24 hours: (334) 242-4128 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ALASKA </ENT>
                        <ENT>Kim Stricklan, P.E., Alaska Department of Environmental Conservation, Solid Waste Program Manager, 555 Cordova Street, Anchorage, AK 99501, (907) 269-1099, 24 hours: (907) 457-1421 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ARIZONA </ENT>
                        <ENT>Aubrey V. Godwin, Director, Arizona Radiation Regulatory Agency, 4814 South 40th Street, Phoenix, AZ 85040, (602) 255-4845, ext. 222, 24 hours: (602) 223-2212 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ARKANSAS </ENT>
                        <ENT>Bernard Bevill, Radiation Control Section, Arkansas Department of Health and Human Services, P.O. Box 1437, Mail Slot H-30, Little Rock, AR 72203-1437, (501) 661-2107, 24 hours: (501) 661-2136 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">CALIFORNIA </ENT>
                        <ENT>Captain R. Patrick, California Highway Patrol, Enforcement Services Division, 444 North 3rd St., Suite 310, P.O. Box 942898, Sacramento, CA 94298-0001, (916) 445-1865, 24 hours: 1-(916) 861-1299 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">COLORADO </ENT>
                        <ENT>Captain Allen Turner, Hazardous Materials Transport Safety and Response, Colorado State Patrol, Troop 8, 15065 S. Golden Rd., Denver, CO 80401-3990, (303) 273-1910, 24 hours: (303) 239-4501 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">CONNECTICUT </ENT>
                        <ENT>Edward L. Wilds, Jr., Ph.D., Director, Division of Radiation, Department of Environmental Protection, 79 Elm Street, 5th floor, Hartford, CT 06106-5127, (860) 424-3029, 24 hours: (860) 424-3333 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">DELAWARE </ENT>
                        <ENT>David B. Mitchell, J.D., Secretary, Department of Safety &amp; Homeland Security, P.O. Box 818, 303 Transportation Circle, Dover, DE 19903-0818, (302) 744-2680, 24 hours: Cell (302) 222-6590 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">FLORIDA </ENT>
                        <ENT>John Williamson, Environmental Administrator, Bureau of Radiation Control, Environmental Radiation Program, Department of Health, P.O. Box 680069, Orlando, FL 32868-0069, (407) 297-2095, 24 hours: (407) 297-2095 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">GEORGIA </ENT>
                        <ENT>Captain Bruce Bugg, Special Projects Coordinator, Georgia Department of Public Safety &amp; Motor Carrier, P.O. Box 1456, 959 E. Confederate Avenue, SE, Atlanta, GA 30371-1456, (404) 624-7211, 24 hours: (404) 635-7200 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">HAWAII </ENT>
                        <ENT>Laurence K. Lau, Deputy Director for Environmental Health, Hawaii State Department of Health, P.O. Box 3378, 1250 Punchbowl Street, Suite 325, Honolulu, HI 96813, (808) 586-4424, 24 hours: (808) 368-6004 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">IDAHO </ENT>
                        <ENT>Lieutenant William L. Reese, Deputy Commander, Commercial Vehicle Safety, Idaho State Police, P.O. Box 700, Meridian, ID 83680-0700, (208) 884-7220, 24 hours: (208) 846-7500 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ILLINOIS </ENT>
                        <ENT>Joseph G. Klinger, Acting Assistant Director, Illinois Emergency Management Agency, Division of Nuclear Safety, 1035 Outer Park Drive, 5th Floor, Springfield, IL 62704, (217) 785-9868, 24 hours: (217) 782-7860 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">INDIANA </ENT>
                        <ENT>Lieutenant Terry L. Spence, Indiana State Police, IGCN, 100 N Senate Avenue, 3rd Floor, Indianapolis, IN 46204, (317) 232-8308, Fax: 317-232-0652 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">IOWA </ENT>
                        <ENT>David L. Miller, Administrator, Iowa Homeland Security and  Emergency Management Division, 7105 Northwest 70th Avenue, Camp Dodge, Building W-4, Johnston, IA 50131, (515) 725-3239, 24 hours: (515) 281-3231, Fax: 515-725-3260 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">KANSAS </ENT>
                        <ENT>Maj. Gen. Tod Bunting, Director, Department of the Adjutant General, Division of Emergency Management, 800 SW Topeka Boulevard, Topeka, KS 66611-1287, (785) 274-1409, 24 hours: (785) 296-8013 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="35733"/>
                        <ENT I="01">KENTUCKY </ENT>
                        <ENT>Dewey Crawford, Manager, Radiation Health and Toxic Agents Branch, Cabinet for Health and Family Services, 275 East Main Street, Mail Stop HS-1C-A, Frankfort, KY 40621-0001, (502) 564-3700, ext 3695, 24 hours: (502) 667-1637 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">LOUISIANA </ENT>
                        <ENT>Captain Dwayne White, Louisiana State Police, 7919 Independence Boulevard, P.O. Box 66614 (#A2621), Baton Rouge, LA 70896-6614, (225) 925-6113, ext. 270, 24 hours: (877) 925-6595 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">MAINE </ENT>
                        <ENT>Colonel Pat Fleming, Chief of the State Police, Maine Department of Public Safety, 42 State House Station, Augusta, ME 04333-0042, (207) 624-7000 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">MARYLAND </ENT>
                        <ENT>Michael Bennett, Director, Electronic Systems Division, Maryland State Police, 1201 Reisterstown Road, Pikesville, MD 21208, (410) 653-4229, 24 hours: (410) 653-4200 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">MASSACHUSETTS </ENT>
                        <ENT>Robert J. Walker, Director, Radiation Control Program, Massachusetts Department of Public Health, Shraffts Building, Mezzanine Level, 529 Main Street, Suite 1M2A, Charlestown, MA 02129, (617) 242-3035, 24 hours: (617) 242-3453 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">MICHIGAN </ENT>
                        <ENT>Captain Dan Atkinson, Commander, Field Operations Division, Michigan State Police, 4000 Collins Rd, Lansing, MI 48910, (517) 336-6136, 24 hours: (517) 336-6100 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">MINNESOTA </ENT>
                        <ENT>Kevin C. Leuer, Director, Preparedness Branch, Minnesota Division of Homeland Security &amp; Emergency Management, 444 Cedar Street, Suite 223, St. Paul, MN 55101-6223, (651) 201-7406, Fax: (651) 296-0459, 24 hours: (651) 649-5451 or 1-800-422-0798 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">MISSISSIPPI </ENT>
                        <ENT>Harrell B. Neal, HAZMAT/WIPP Program Manager, Mississippi Emergency Management Agency, P.O. Box 5644, #1 MEMA Drive 39208, Pearl, MS 39288, (601) 366-6369, 24 hours: (800) 222-6362 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">MISSOURI </ENT>
                        <ENT>Ronald Reynolds, Director, Emergency Management Agency, P.O. Box 116, 2302 Militia Drive, Jefferson City, MO 65102, (573) 526-9101, 24 hours: (573) 751-2748 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">MONTANA </ENT>
                        <ENT>Dan McGowan, Administrator, Homeland Security Advisor, Montana Disaster and Emergency Services Division, P.O. Box 4789, Fort Harrison, MT 59636-4789, (406) 841-3911, 24 hours: (406) 841-3911 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">NEBRASKA </ENT>
                        <ENT>Lieutenant Ken Dahlke, Nebraska State Patrol, P.O. Box 94907, Lincoln, NE 68509-4907, (402) 479-4931, Fax: (402) 479-4002, 24 hours: (402) 471-4545 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">NEVADA </ENT>
                        <ENT>Karen K. Beckley, M.P.A., M.S., Radiological Health Section Supervisor, Bureau of Health Protection Services, Nevada State Health Division, 4150 Technology Way, Suite 30, Carson City, NV 89706, (775) 687-7540, 24 hours: 1-877-438-7231 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">NEW HAMPSHIRE </ENT>
                        <ENT>Lieutenant Nathan Boothby, Bureau Commander, Highway Patrol and Enforcement Bureau, New Hampshire Department of Safety, 23 Hazen Drive, Concord, NH 03305, (603) 271-3347, 24 hours: (603) 271-3636 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">NEW JERSEY </ENT>
                        <ENT>Kent Tosch, Chief, Bureau of Nuclear Engineering, Department of Environmental Protection, P.O. Box 415, Trenton, NJ 08625-0415, (609) 984-7700, 24 hours: (609) 658-3072 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">NEW MEXICO </ENT>
                        <ENT>Don Shainin, Technical Hazards Unit Leader, WIPP Safe Transportation Program Manager, P.O. Box 1628, Santa Fe, NM 87504-1628, (505) 476-9628, Fax: (505) 476-9695, 24 hours: (505) 476-9635 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">NEW YORK </ENT>
                        <ENT>John R. Gibb, Director, New York State Emergency Management Office, 1220 Washington Avenue, Building 22—Suite 101, Albany, NY 12226-2251, (518) 292-2301, 24 hours: (518) 292-2200 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">NORTH CAROLINA </ENT>
                        <ENT>First Sergeant Joseph Cotton, Hazardous Materials Coordinator, North Carolina Highway Patrol Headquarters North, 1142 SE Maynard, Cary, NC 27511, (919) 319-1523, 24 hours: (919) 733-3861 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">NORTH DAKOTA </ENT>
                        <ENT>Terry L. O'Clair, Director, Division of Air Quality, North Dakota Department of Health, 918 East Divide Avenue—2nd Floor, Bismarck, ND 58501-1947, (701) 328-5188, 24 hours: (701) 328-9921 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">OHIO </ENT>
                        <ENT>Carol A. O'Claire, Chief, Radiological Branch, Ohio Emergency Management Agency, 2855 West Dublin Granville Road, Columbus, OH 43235-2206, (614) 799-3915, 24 hours: (614) 889-7150 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">OKLAHOMA </ENT>
                        <ENT>Major Gregory Allen, Oklahoma Department of Public Safety, P.O. Box 11415, Oklahoma City, OK 73136-0145, (405) 425-7701, 24 hours: (405) 425-2323 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">OREGON </ENT>
                        <ENT>Ken Niles, Assistant Director, Energy Resources Division, Oregon Department of Energy, 625 Marion Street, NE, Ste 1, Salem, OR 97301-3737, (503) 378-4906, Fax: (503) 378-6457, 24 hours: (503) 378-6377 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">PENNSYLVANIA </ENT>
                        <ENT>Scott Forster, Director of Operations and Training, Pennsylvania Emergency Management Agency, 2605 Interstate Drive, Harrisburg, PA 17110-3321, (717) 651-2001, 24 hours: (717) 651-2001 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">RHODE ISLAND </ENT>
                        <ENT>Terrence Mercer, Associate Administrator, Motor Carriers Section, Division of Public Utilities and Carriers, 89 Jefferson Boulevard, Warwick, RI 02888, (401) 941-4500, Ext. 150, 24 hours: (401) 444-1183 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="35734"/>
                        <ENT I="01">SOUTH CAROLINA </ENT>
                        <ENT>Michael S. Moore, Manager, Division of Waste Management, Bureau of Land and Waste Management, Department of Health &amp; Environmental Control, 2600 Bull Street, Columbia, SC 29201, (803) 896-4181, 24 hours: (803) 253-6488 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">SOUTH DAKOTA </ENT>
                        <ENT>Kristi Turman, Director of Operations, Emergency Management Agency, 118 W. Capitol Avenue, Pierre, SD 57501-5070, (605) 773-3231 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">TENNESSEE </ENT>
                        <ENT>Elgan Usrey, Manager, Technical Services Branch, Tennessee Emergency Management Agency, 3041 Sidco Drive, Nashville, TN 37204-1502, (615) 741-2879, After hours: (Inside TN) 1-800-262-3400, (Outside TN) 1-800-258-3300 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">TEXAS </ENT>
                        <ENT>Richard A. Ratliff, P.E. L.M.P., Radiation Program Officer, Texas Department of State Health Services, 1100 West 49th Street, Austin, TX 78756-3189, (512) 834-6679, Fax: (512) 834-6708, 24 hours: (512) 458-7460 </ENT>
                        <ENT>Colonel Thomas A. Davis, Director, Texas Department of Public Safety, Attn: Technological Hazards Group, P.O. Box 4087, Austin, TX 78773-0223, (512) 424-7771, Fax: (512) 424-2281, 24 hours: (512) 424-2208. </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">UTAH </ENT>
                        <ENT>Dane Finerfrock, Director, Division of Radiation Control, Department of Environmental Quality, 168 North 1950 West, P.O. Box 144850, Salt Lake City, UT 84114-4850, (801) 536-4257, After hours: (801) 536-4123 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">VERMONT </ENT>
                        <ENT>Kerry L. Sleeper, Commissioner, Department of Public Safety, Division of State Police, 103 South Main Street, Waterbury, VT 05671-2101, (802) 878-7111, 24 hours: (802) 244-8727 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">VIRGINIA </ENT>
                        <ENT>Brett A. Burdick, Director, Technological Hazards Division, Virginia Department of Emergency Management, 10501 Trade Court, Richmond, VA 23236, (804) 897-6500, ext. 6569, 24 hours: (804) 674-2400 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">WASHINGTON </ENT>
                        <ENT>Daniel Eikum, Assistant State Fire Marshal, Mobilization Division, Washington State Patrol Fire Protection Bureau, P.O. Box 42600, Olympia, WA 98504-2600, (360) 570-3119, 24 hours: 1-800-409-4755 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">WEST VIRGINIA </ENT>
                        <ENT>Colonel D.L. Lemmon, Superintendent, West Virginia State Police, 725 Jefferson Road, South Charleston, WV 25309, (304) 746-2111, Fax: (304) 746-2246 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">WISCONSIN </ENT>
                        <ENT>Johnnie L. Smith, Administrator, Wisconsin Emergency Management, P.O. Box 7865, Madison, WI 53707-7865, 608-242-3210, 24 hour: (608) 242-3232 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">WYOMING </ENT>
                        <ENT>Captain Vernon Poage, Support Services Officer, Commercial Carriers, Wyoming Highway Patrol, 5300 Bishop Boulevard, Cheyenne, WY 82009-3340, (307) 777-4312, 24 hours: (307) 777-4321 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">DISTRICT OF COLUMBIA </ENT>
                        <ENT>Gregory B. Talley, Program Manager, Radiation Protection Division, Bureau of Food, Drug &amp; Radiation Protection, Department of Health, 51 N Street, NE, Room 6025, Washington, DC 20002, (202) 535-2320, 24 hours: (202) 727-1000 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">PUERTO RICO </ENT>
                        <ENT>Dr. Rosa Perez-Perdomo, Secretary of Health, P.O. Box 70184, San Juan, PR 00936-8184, (787) 274-7629 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">GUAM </ENT>
                        <ENT>Lorilee T. Crisostomo, Administrator, Guam Environmental Protection Agency, P.O. Box 22439, Barrigada, Guam 96921, (671) 475-1658, Fax: (671) 477-9402, 24 hours: (671) 635-9500 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">VIRGIN ISLANDS </ENT>
                        <ENT>Dean C. Plaskett, Esq., Commissioner, Department of Planning and Natural Resources, Cyril E. King Airport, Terminal Building—Second Floor, St. Thomas, Virgin Islands 00802, (340) 774-3320, 24 hours: (340) 774-5138 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">AMERICAN SAMOA </ENT>
                        <ENT>Pati Faiai, Government Ecologist, American Samoa Environmental Protection Agency, Office of the Governor, Pago Pago, American Samoa 96799, (684) 633-2304, 24 hours: (684) 622-7106 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS </ENT>
                        <ENT>Dr. Ignacio T. Dela Cruz, D.V.M., Secretary, Department of Lands &amp; Natural Resources Commonwealth of Northern Mariana Islands Government, P. O. Box 501304, Saipan, MP 96950, (670) 322-9830 </ENT>
                        <ENT>SAME.</ENT>
                    </ROW>
                </GPOTABLE>
                <PRTPAGE P="35735"/>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12634 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 7590-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SECURITIES AND EXCHANGE COMMISSION </AGENCY>
                <DEPDOC>[Release No. 34-55945; File No. SR-BSE-2007-23] </DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto Amending Section 5 (Obligations of Market Makers) of Chapter VI of the Rules of the Boston Options Exchange for Clarification Purposes Regarding the Guaranteed Directed Order </SUBJECT>
                <DATE>June 22, 2007. </DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on June 1, 2007, the Boston Stock Exchange, Inc. (“BSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. BSE has filed the proposal as a non-controversial rule change pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>3</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(6) 
                    <SU>4</SU>
                    <FTREF/>
                     thereunder, which renders the proposal effective upon filing with the Commission. On June 21, 2007, BSE filed Amendment No. 1 to the proposed rule change. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1). 
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4. 
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         15 U.S.C. 78s(b)(3)(A). 
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         17 CFR 240.19b-4(f)(6). 
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change </HD>
                <P>
                    The Exchange is proposing to amend Section 5 (Obligations of Market Makers) of Chapter VI of the Rules of the Boston Options Exchange (“BOX Rules”) for clarification purposes regarding the Guaranteed Directed Order (“GDO”). The text of the proposed rule is available at the Exchange, the Commission's Public Reference Room, and on the Exchange's Web site (
                    <E T="03">http://www.bostonstock.com</E>
                    ). 
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change </HD>
                <P>In its filing with the Commission, BSE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. </P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change </HD>
                <HD SOURCE="HD3">1. Purpose </HD>
                <P>
                    The Exchange is proposing to amend Section 5 (Obligations of Market Makers) of Chapter VI of the BOX Rules 
                    <SU>5</SU>
                    <FTREF/>
                     to clarify that the GDO is exposed for one time period with an NBBO filter at the end of the exposition. The section of the BOX Rules which discusses the GDO contains a cross reference to Chapter V, Section 16(b). The Exchange proposes to extend the cross reference and numbering to reflect the specific subsection of the corresponding BOX Rule so that the Exchange's rules are accurate, comprehendible, and transparent to the marketplace. The GDO exposure time is not affected by this filing and remains three seconds, as set forth in Chapter VI, Section 5 of the BOX Rules. 
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Specifically, the Exchange is amending Chapter VI, Section 5(c)(iii)(2)(b)(5) of the BOX Rules. Telephone conversation between Terri Evans, Special Counsel, Division of Market Regulation, Commission, and Brian Donnelly, AVP Regulation and Compliance, BSE, on June 21, 2007 (clarifying the specific rule being amended by the proposed rule change as described in Amendment No. 1). 
                    </P>
                </FTNT>
                <HD SOURCE="HD3">2. Statutory Basis </HD>
                <P>
                    The Exchange believes that the proposal is consistent with the requirements of Section 6(b) of the Act,
                    <SU>6</SU>
                    <FTREF/>
                     in general, and Section 6(b)(5) of the Act,
                    <SU>7</SU>
                    <FTREF/>
                     in particular, in that it is designed to promote just and equitable principles of trade, and to protect investors and the public interest. 
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         15 U.S.C. 78f(b). 
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition </HD>
                <P>The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. </P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others </HD>
                <P>The Exchange has neither solicited nor received comments on the proposed rule change. </P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action </HD>
                <P>
                    Because the foregoing proposed rule change does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days after the date of the filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, it has become effective pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>8</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(6) 
                    <SU>9</SU>
                    <FTREF/>
                     thereunder.
                    <SU>10</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         17 CFR 240.19b-4(f)(6).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         BSE provided the Commission with written notice of its intent to file the proposed rule change. 
                        <E T="03">See</E>
                         Section 19(b)(3)(A) of the Act, and Rule 19b-4(f)(6)(iii) thereunder. 15 U.S.C. 78s(b)(3)(A), 17 CFR 240.19b-4(f)(6)(iii).
                    </P>
                </FTNT>
                <P>
                    The Exchange has requested that the Commission waive the 30-day operative delay. The Commission believes waiving the 30-day operative delay is consistent with the protection of investors and the public interest. The Commission notes that the proposed rule change provides greater specificity as to a cross-reference within a rule, thereby avoiding confusion resulting from an incomplete cross-reference. Accordingly, the Commission designates the proposal to be operative upon filing with the Commission.
                    <SU>11</SU>
                    <FTREF/>
                     At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.
                    <SU>12</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         For purposes only of waiving the 30-day operative delay of the proposal, the Commission has considered the proposed rule's impact on efficiency, competition and capital formation. 15 U.S.C. 78c(f). 
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         For purposes of calculating the 60-day period within which the Commission may summarily abrogate the proposed rule change, as amended, under Section 19(b)(3)(C) of the Act, the Commission considers the period to commence on June 21, 2007, the date on which BSE submitted Amendment No. 1. 
                        <E T="03">See</E>
                         15 U.S.C. 78s(b)(3)(C).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Solicitation of Comments </HD>
                <P>
                    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, 
                    <PRTPAGE P="35736"/>
                    including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: 
                </P>
                <HD SOURCE="HD2">Electronic Comments </HD>
                <P>
                    • Use the Commission's Internet comment form (
                    <E T="03">http://www.sec.gov/rules/sro.shtml</E>
                    ); or 
                </P>
                <P>
                    • Send an e-mail to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include File Number SR-BSE-2007-23 on the subject line. 
                </P>
                <HD SOURCE="HD2">Paper Comments </HD>
                <P>• Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to File Number SR-BSE-2007-23. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (
                    <E T="03">http://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of BSE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BSE-2007-23 and should be submitted on or before July 20, 2007. 
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Market Regulation, pursuant to delegated authority.
                        <SU>13</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>13</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Florence E. Harmon, </NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12604 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 8010-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SUSQUEHANNA RIVER BASIN COMMISSION </AGENCY>
                <SUBJECT>Notice of Actions Taken at June 13, 2007 Meeting </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Susquehanna River Basin Commission. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Commission actions.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        At a public hearing held on June 13, 2007 in North East, MD, the Susquehanna River Basin Commission approved certain water resources projects, accepted a settlement proposal, and incorporated two projects into the SRBC Comprehensive Plan, as described in the 
                        <E T="02">Supplementary Information</E>
                         section below. In other meeting action, the Commission heard informational presentations on: (1) The 2007 migratory fish runs through the fish passage facilities located at the lower Susquehanna River hydroelectric projects, (2) a Coastal Plain Aquifer Study being led by the U.S. Geological Survey Maryland District, and (3) hydrologic conditions in the basin indicating the occurrence of dry conditions during the month of May. The Commission also adopted the FY-2009 budget, elected Commission officers for FY-2008, approved/ratified several grants and contracts, and presented the SRBC Maurice K. Goddard Award to William A. Gast of the Pennsylvania Dept. of Environmental Protection. For further meeting details, visit the Commission's Web site at 
                        <E T="03">http://www.srbc.net</E>
                        . 
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>June 13, 2007. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Susquehanna River Basin Commission, 1721 N. Front Street, Harrisburg, PA 17102-2391. </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Richard A. Cairo, General Counsel, telephone: (717) 238-0423; ext. 306; fax: (717) 238-2436; e-mail: 
                        <E T="03">rcairo@srbc.net</E>
                         or Deborah J. Dickey, Secretary to the Commission, telephone: (717) 238-0422, ext. 301; fax: (717) 238-2436; e-mail: 
                        <E T="03">ddickey@srbc.net</E>
                        . Regular mail inquiries may be sent to the above address. 
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>At a public hearing on June 13, 2007, the Susquehanna River Basin Commission took the following actions: </P>
                <HD SOURCE="HD1">Public Hearing—Projects Approved </HD>
                <P>1. Project Sponsor and Facility: Town of Conklin (Well 5), Broome County, N.Y. Approval for groundwater withdrawal of 0.350 mgd. </P>
                <P>2. Project Sponsor and Facility: Town of Erwin (ID Well 2, Well 2, Well 3, ID Well 1), Steuben County, N.Y. Approval for groundwater withdrawals of 0.504 mgd, 0.350 mgd, 0.325 mgd, and 0.125 mgd. </P>
                <P>3. Project Sponsor and Facility: Far Away Springs—Brandonville, East Union and Mahanoy Townships, Schuylkill County, Pa. Approval for groundwater withdrawal of 0.079 mgd and consumptive water use of up to 0.200 mgd. </P>
                <P>4. Project Sponsor and Facility: Hughesville Borough Authority (Well 1, Well 2, Well 3), Wolf Township, Lycoming County, Pa. Approval for groundwater withdrawals of 0.260 mgd, 0.260 mgd and 1.440 mgd. </P>
                <P>5. Project Sponsor: Glenn O. Hawbaker, Inc. Project Facility: Pleasant Gap, Spring Township, Centre County, Pa. Modification of consumptive water use approval (Docket No. 20050307). </P>
                <P>6. Project Sponsor and Facility: Centre Hills Country Club (Hole #8 Well, Driving Range Well), College Township, Centre County, Pa. Approval for groundwater withdrawals of 0.316 mgd and 0.316 mgd. </P>
                <P>7. Project Sponsor: New Enterprise Stone &amp; Lime Co., Inc. Project Facility: Tyrone Quarry, Warriors Mark and Snyder Townships, Huntingdon and Blair Counties, Pa. Modification of surface water and groundwater approval (Docket No. 20031205). </P>
                <P>8. Project Sponsor: New Enterprise Stone &amp; Lime Co., Inc. Project Facility: Ashcom Quarry, Snake Spring Valley Township, Bedford County, Pa. Modification of groundwater approval (Docket No. 20031204). </P>
                <P>9. Project Sponsor and Facility: AES Ironwood, LLC, South Lebanon Township, Lebanon County, Pa. Modification of surface water and consumptive use approval and diversion (Docket No. 19980502). </P>
                <P>10. Project Sponsor and Facility: East Cocalico Township Authority (Well F, Well M), East Cocalico Township, Lancaster County, Pa. Approval for groundwater withdrawals of 1.150 mgd and 1.580 mgd. </P>
                <P>11. Project Sponsor: Golf Enterprises, Inc. Project Facility: Valley Green Golf Course, Newberry Township, York County, Pa. Modification of consumptive water use approval (Docket No. 20021019). </P>
                <P>12. Project Sponsor and Facility: Mount Joy Borough Authority (Well 3), Mount Joy Borough, Lancaster County, Pa. Approval for groundwater withdrawal of 1.020 mgd. </P>
                <P>13. Project Sponsor and Facility: Dart Container Corporation of Pennsylvania (Well B), Upper Leacock Township, Lancaster County, Pa. Approval for groundwater withdrawal of 0.122 mgd. </P>
                <P>
                    14. Project Sponsor: Honey Run GIBG LLC. Project Facility: Honey Run Golf 
                    <PRTPAGE P="35737"/>
                    Club, Dover Township, York County, Pa. Modification of surface water withdrawal approval (Docket No. 20020827). 
                </P>
                <HD SOURCE="HD1">Public Hearing—Enforcement Action—Settlement </HD>
                <P>South Slope Development Corporation (Docket No. 19991103). The Commission accepted a settlement proposal from South Slope Development Corporation for certain docket violations occurring at the Song Mountain Ski Resort in the Town of Preble, Cortland County, New York. </P>
                <HD SOURCE="HD1">Public Hearing—Revision of Comprehensive Plan </HD>
                <P>The Commission revised the SRBC Comprehensive Plan by including the following projects: (1) Whitney Point Lake Section 1135 Project Modification; and (2) Lancashire No. 15 AMD Treatment Plant. Both of these projects will provide releases of water for environmental improvement and low flow augmentation. </P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>
                        Pub. L. 91-575, 84 Stat. 1509 
                        <E T="03">et seq.</E>
                        , 18 CFR parts 806, 807, and 808. 
                    </P>
                </AUTH>
                <SIG>
                    <DATED>Dated: June 19, 2007. </DATED>
                    <NAME>Thomas W. Beauduy, </NAME>
                    <TITLE>Deputy Director.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12618 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 7040-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION </AGENCY>
                <SUBAGY>Federal Highway Administration </SUBAGY>
                <SUBJECT>Environmental Assessment: Jackson and Jennings Counties, IN</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Highway Administration (FHWA), DOT. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Intent (NOI).</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Federal Highway Administration (FHWA) is issuing this notice to advise the public that FHWA will prepare an Environmental Assessment (EA) to determine the need and feasibility of improvements to U.S. 50 in Jackson and Jennings Counties in Indiana. This project will adhere to the requirements of Section 6002 of SAFETEA-LU so that the steps completed during the EA process will not need to be revisited if the project is elevated to an Environmental Impact Statement (EIS) in the future. The U.S. 50 improvement corridor is approximately 18 miles in length, running from the western terminus at I-65, near Seymour in Jackson County, to the eastern terminus near the Jennings/Ripley County Line, east of North Vernon. The objectives of this study are to assess the need for and feasibility of improvements to the U.S. 50 corridor as well as other alternatives for improving mobility and alleviating congestion in the urban area boundary of North Vernon and in the general project vicinity. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on the scope of the EA for the proposed project should be forwarded no later than July 30, 2007. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Address all comments concerning this notice to Carl D. Camacho, P.E., Project Manager, Bernardin, Lochmueller &amp; Associates, Inc. (BLA), 6125 South East Street (US 31 South), Indianapolis, IN 46227. He can be reached by telephone at (317) 222-3880 or by e-mail at 
                        <E T="03">ccamacho@blainc.com.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Larry Heil, Environmental Specialist, FHWA, at (317) 226-7480; or Steve Smith, Indiana Department of Transportation (INDOT) Project Manager, at (317) 232-5646. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The FHWA, in cooperation with INDOT, will prepare an EA to determine the need and feasibility of improvements to U.S. 50 in Jackson and Jennings Counties in Indiana. The U.S. 50 improvement corridor is approximately 18 miles in length, running from the western terminus at I-65, near Seymour in Jackson County, to the eastern terminus near the Jennings/Ripley County Line, east of North Vernon. Issues prompting this study include high through traffic volumes (especially trucks) on U.S. 50 through downtown North Vernon, high crash frequency along U.S. 50 from U.S. 31 to the east urban boundary of North Vernon, access to existing and potential commercial and industrial economic growth areas, statewide and regional transportation system mobility and development of the Muscatatuck Urban Training Center (MUTC) east of North Vernon near Butlerville. The objectives of this study are to assess the feasibility of improvements to the U.S. 50 corridor, as well as other alternatives, for improving mobility and alleviating congestion in the urban area boundary of North Vernon and in the general project vicinity. This study will conform to Indiana's Streamlined EIS Procedures and the new SAFETEA-LU Section 6002 requirements. </P>
                <P>
                    <E T="03">Environmental Issues:</E>
                     Possible environmental impacts include displacement of commercial and residential properties, increased noise in some areas, decreased noise in other areas, effects to historical properties or archaeological sites, viewshed impacts, impacts to water resources, wetlands, prime farmland, sensitive biological species and habitat, land use compatibility impacts and impacts to agricultural lands. 
                </P>
                <P>
                    <E T="03">Alternatives:</E>
                     The EA will consider alternatives that include the No-Build (Do Nothing) Alternative as well as a full range of build alternatives ranging from transportation system management improvements to major capital investments on existing and new alignment. 
                </P>
                <P>
                    <E T="03">Scoping and Comment:</E>
                     FHWA encourages broad participation in the EA process and review of the resulting environmental documents. Comments, questions, and suggestions related to the project and potential socioeconomic and environmental concerns are invited from all interested agencies and the public at large to ensure that the full range of issues related to the proposed action and all reasonable alternatives are considered and all significant issues are identified. These comments, questions, and suggestions should be forwarded to the address listed above. 
                </P>
                <P>Early Coordination Letters were sent to the appropriate Federal, State and local agencies on January 31, 2007, describing the proposed action. An invitation letter was sent to potential Participating Agencies inviting the agencies to be Participating Agencies in the study, encouraging agency comments and suggestions concerning the proposed project, and further defining the roles of Participating Agencies. Existing and future conditions and issues within the project area have been identified and presented to the public in a widely advertised Public Information Meeting held in North Vernon, Indiana, on Thursday, February 8, 2007. The draft purpose and need for the project has been developed and preliminary alternatives identified. The purpose and need and preliminary alternatives are currently available for public review and comment. A Public Information Meeting was held on June 26, 2007 and a Resource Agency Meeting was held on June 29, 2007. Agencies and the public will also have an opportunity to comment when the preliminary alternatives have been evaluated and screened and again upon identification of the preferred alternative(s). </P>
                <P>
                    Notices of availability for the purpose and need and identification of preliminary alternatives, evaluation and screening of preliminary alternatives, and identification of preferred alternative(s) are being provided through direct mail, e-mail, the project Web site at 
                    <E T="03">http://www.us50northvernon.org</E>
                     and other media. Notification is also being sent to Federal, State, local agencies, persons 
                    <PRTPAGE P="35738"/>
                    and organizations that submit comments or questions. Precise schedules and locations for public meetings will be announced in the local news media and the project Web site. Interested individuals and organizations may request to be included on the mailing list for distribution of meeting announcements and associated information. 
                </P>
                <EXTRACT>
                    <FP>(Catalog of Federal Domestic Assistance Program No. 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to the program.)</FP>
                </EXTRACT>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>23 U.S.C. 315; 23 CFR 771.123; 49 CFR 1.48. </P>
                </AUTH>
                <SIG>
                    <DATED>Issued on: June 25, 2007. </DATED>
                    <NAME>Robert F. Tally, Jr., </NAME>
                    <TITLE>Division Administrator, Indianapolis, Indiana. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. E7-12629 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4910-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Highway Administration</SUBAGY>
                <SUBJECT>Notice of Final Federal Agency Actions on a Proposed Highway Project in Arizona</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Highway Administration (FHWA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Limitation on Claims for Judicial Review of Actions by FHWA and Other Federal Agencies. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice announces actions taken by the Federal Highway Administration (FHWA) and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). These actions relate to the proposed construction of the approximately 24-mile-long Yuma Area Service Highway, which has been designated as State Route 195 by the State Transportation Board in Arizona.   This includes new roadway from the planned commercial International Port of Entry, located near San Luis, Arizona on the US/Mexico border, to Interstate 8.  The alignment follows Avenue E north for about 2 miles to County 23rd Street, east on County 23rd Street for about 8 miles, north for about 9 miles within the westernmost portion of the Barry M. Goldwater Range, and continues north for about 3.5 miles between Avenue 6E and Avenue 7E to the existing Interstate 8/Araby Road Traffic Interchange. The actions being taken grant approvals for the project.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed by December 26, 2007. If the Federal law that authorizes judicial review of a claim provides a time period of less than 180 days for filing such claim, then that shorter time period still applies.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mr. Steve Thomas, Environmental Program Manager, Federal Highway Administration, One Arizona Center, Suite 410, 400 East Van Buren Street, Phoenix, Arizona 85004-2285 weekdays 7 a.m. to 4 p.m. (Mountain Standard Time) at (602) 379-3645, extension 117, fax (602) 379-3608, 
                        <E T="03">steve.thomas@fhwa.dot.gov.</E>
                         Ms. Melissa Maiefski, Project Environmental Coordinator and Monitor, Environmental Planning Group, Arizona Department of Transportation, 1221 South 2nd Avenue, Mail Drop T100, Tucson, Arizona 85713-1602, weekdays 7 a.m. to 4 p.m. (Mountain Standard Time) at (520) 388-4250, fax (520) 388-4255, 
                        <E T="03">mmaiefski@azdot.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given that the FHWA and other Federal agencies have taken final agency actions by issuing approval for the proposed construction of the Yuma Area Service Highway in southwest Arizona. The highway will be approximately 24 miles in length, have two travel lanes in each direction, and generally have a right-of-way width of 240- to 280-feet with wider right-of-way at traffic interchanges.  FHWA is the Federal lead agency for the Environmental Assessment, which was prepared in conjunction with the Arizona Department of Transportation and the Yuma Metropolitan Planning Organization.  The Bureau of Land Management, US Bureau of Reclamation, Marine Corps Air Station Yuma, and the US Navy served as cooperating agencies. The project would facilitate existing and future travel and movement of goods between the US/Mexico border crossing and Interstate 8, remove commercial traffic and hazardous cargo from populated and congested areas, relieve existing and anticipated future congestion on US 95 through local communities, and reduce the potential for increased traffic accidents in populated areas.  The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Final Environmental Assessment for the project, approved on August 11, 2005, a Finding of No Significant Impact approved on May 11, 2007, and in other documents in the FHWA project files. The Final Environmental Assessment and other documents in the FHWA project files are available by contacting the FHWA or the Arizona Department of Transportation at the addresses provided above.  The FHWA Final Environmental Assessment can be viewed and downloaded from the following Web site: 
                    <E T="03">http://www.azdot.gov/highways/EEG/DocumentsIndex.asp.</E>
                </P>
                <P>This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to:</P>
                <P>
                    1. 
                    <E T="03">General:</E>
                     National Environmental Policy Act (NEPA) [42 U.S.C. 4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109].
                </P>
                <P>
                    2. 
                    <E T="03">Air:</E>
                     Clean Air Act 42 U.S.C. 7401-7671(q).
                </P>
                <P>
                    3. 
                    <E T="03">Water:</E>
                     Clean Water Act 33 U.S.C. 1251-1387.
                </P>
                <P>
                    4. 
                    <E T="03">Noise:</E>
                     Procedures for Abatement of Highway Traffic Noise and Construction Noise, 23 CFR 772.
                </P>
                <P>
                    5. 
                    <E T="03">Wildlife:</E>
                     Endangered Species Act [16 U.S.C. 1531-1544 and Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Migratory Bird Treaty Act [16 U.S.C. 703-712].
                </P>
                <P>
                    6. 
                    <E T="03">Historic and Cultural Resources:</E>
                     Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) 
                    <E T="03">et seq.</E>
                    ]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)-470(ll)]; Archeological and Historic Preservation Act [16 U.S.C. 469-469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013].
                </P>
                <P>
                    7. 
                    <E T="03">Social and Economic:</E>
                     Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209]; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended; Metropolitan Planning Regulations, 23 CFR 450.318.
                </P>
                <P>
                    8. 
                    <E T="03">Hazardous Materials:</E>
                     Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-9675; Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6992(k).
                </P>
                <P>9. Section 4(f) of the US Department of Transportation Act of 1966 [49 U.S.C. 303].</P>
                <P>
                    10. 
                    <E T="03">Executive Orders:</E>
                     E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority 
                    <PRTPAGE P="35739"/>
                    Populations and Low Income Populations; E.O. 11593, Protection and Enhancement of Cultural Resources; E.O. 13007, Indian Sacred Sites; E.O. 13287, Preserve America; E.O. 13175, Consultation and Coordination with Indian Tribal Governments; E.O. 11514, Protection and Enhancement of Environmental Quality; E.O. 13112, Invasive Species.
                </P>
                <EXTRACT>
                    <FP>(Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.)</FP>
                </EXTRACT>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>23 U.S.C. 139(l)(1).</P>
                </AUTH>
                <SIG>
                    <DATED>Issued on: June 19, 2007.</DATED>
                    <NAME>Robert E. Hollis,</NAME>
                    <TITLE>Division Administrator, Phoenix, Arizona.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 07-3166 Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-22-M</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
                <SUBAGY>Surface Transportation Board </SUBAGY>
                <DEPDOC>[Finance Docket No. 34075] </DEPDOC>
                <SUBJECT>Six County Association of Governments—Construction and Operation Exemption—Rail Line Between Levan and Salina, UT </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Surface Transportation Board, DOT. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Availability of Draft Environmental Impact Statement. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>On July 30, 2001, the Six County Association of Governments (SCAOG) filed a Petition for Exemption with the Surface Transportation Board (Board) pursuant to 49 U.S.C. 10502 for authority to construct and operate a new rail line between Juab (near Levan) and Salina, Utah. The project involves approximately 43 miles of new rail line and ancillary facilities. Because the construction and operation of this project has the potential to result in significant environmental impacts, the Board's Section of Environmental Analysis (SEA), in cooperation with the Department of Interior Bureau of Land Management, prepared a Draft Environmental Impact Statement (Draft EIS). The purpose of this Notice of Availability is to notify individuals and agencies interested in or affected by the proposed project of the availability of the Draft EIS for review and comment.</P>
                    <P>Implementation of the proposed project would restore rail service to the Sevier Valley, provide rail service to shippers, and reduce the number of trucks on area highways. The Draft EIS analyses the potential impacts of the proposed route, the “no-build” alternative, and another build alternative. </P>
                    <P>The Draft EIS addresses environmental issues and concerns identified during the scoping process. It also contains SEA's preliminary recommendations for environmental mitigation measures. The Draft EIS is being made available for public and agency review and comment. SEA will prepare a Final Environmental Impact Statement (Final EIS) that considers comments on the Draft EIS from the public and agencies. In reaching its decision in this case, the Board will take into account the Draft EIS, the Final EIS, and all environmental comments that are received. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Written comments on the Draft EIS, which was served on June 29, 2007 are due on August 22, 2007. </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESS:</HD>
                    <P>Send an original and 10 copies of comments referring to STB Finance Docket No. 34075 to: Surface Transportation Board, Case Control Unit, 395 E Street, SW., Washington, DC 20423, Attention: Phillis Johnson-Ball, Section of Environmental Analysis. </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Phillis Johnson-Ball, (202) 245-0304. Federal Information Relay Service for the hearing impaired: 1-800-877-8339. </P>
                    <P>
                        The Web site for the Surface Transportation Board is 
                        <E T="03">http://www.stb.dot.gov.</E>
                    </P>
                    <SIG>
                        <DATED>Decided: June 29, 2007.</DATED>
                        <P>By the Board, Victoria Rutson, Chief, Section of Environmental Analysis. </P>
                        <NAME>Vernon A. Williams, </NAME>
                        <TITLE>Secretary.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12521 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4915-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
                <SUBAGY>Surface Transportation Board </SUBAGY>
                <DEPDOC>[STB Finance Docket No. 35045] </DEPDOC>
                <SUBJECT>Duluth, Winnipeg and Pacific Railway Company—Amended Trackage Rights Exemption—Duluth, Missabe and Iron Range Railway Company </SUBJECT>
                <P>
                    Duluth, Missabe and Iron Range Railway Company (DMIR) has agreed to amend the existing overhead trackage rights previously granted to Duluth, Winnipeg and Pacific Railway Company (DWP).
                    <SU>1</SU>
                    <FTREF/>
                     The rights extend between Shelton Junction, MN (milepost B 2.71 on DMIR's Virginia Branch), and Nopeming Junction, MN (milepost R 5.77 on DMIR's Spirit Lake Branch), a distance of approximately 64 miles. DWP states that the amendment will allow a limited expansion of DWP's rights on trackage over which it already operates. 
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         DWP initially obtained these trackage rights in 
                        <E T="03">Duluth, Winnipeg and Pacific Railway Company—Trackage Rights Exemption—Duluth, Missabe and Iron Range Railway Company,</E>
                         STB Finance Docket No. 34424 (Sub-No. 1) (STB served Apr. 9, 2004).
                    </P>
                </FTNT>
                <P>The purpose of the proposed transaction is to allow for nonexclusive overhead movements, reblocking cars within single trains, or setting out cars requiring servicing over the existing trackage (including an additional 616 feet of connecting track), thus enhancing operational efficiency. The transaction includes all industry spurs, connecting tracks and sidings now existent or hereafter constructed along the subject tracks, and right-of-way for the tracks, signals, interlocking devices and plants, telegraph and telephone lines, and other necessary appurtenances, a distance of approximately 63.82 miles, all within the State of Minnesota. </P>
                <P>The earliest this transaction may be consummated is July 14, 2007, the effective date of the exemption (30 days after the exemption was filed). </P>
                <P>
                    As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in 
                    <E T="03">Norfolk and Western Ry. Co.—Trackage Rights—BN,</E>
                     354 I.C.C. 605 (1978), as modified in 
                    <E T="03">Mendocino Coast Ry., Inc.—Lease and Operate,</E>
                     360 I.C.C. 653 (1980). 
                </P>
                <P>
                    This notice is filed under 49 CFR 1180.2(d)(7). If the notice contains false or misleading information, the exemption is void 
                    <E T="03">ab initio</E>
                    . Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than July 6, 2007 (at least 7 days before the exemption becomes effective). 
                </P>
                <P>An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35045, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Thomas J. Healey, 17641 S. Ashland Ave., Homewood, IL 60430. </P>
                <P>
                    Board decisions and notices are available on our Web site at 
                    <E T="03">http://www.stb.dot.gov.</E>
                </P>
                <SIG>
                    <DATED>Decided: June 25, 2007. </DATED>
                    <P>By the Board, David M. Konschnik, Director, Office of Proceedings. </P>
                    <NAME>Vernon A. Williams, </NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12606 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4915-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="35740"/>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
                <SUBAGY>Surface Transportation Board </SUBAGY>
                <DEPDOC>[STB Finance Docket No. 35046] </DEPDOC>
                <SUBJECT>Duluth, Missabe and Iron Range Railway Company—Amended Trackage Rights Exemption—Duluth, Winnipeg and Pacific Railway Company </SUBJECT>
                <P>
                    Duluth, Winnipeg and Pacific Railway Company (DWP) has agreed to amend the existing overhead trackage rights previously granted to Duluth, Missabe and Iron Range Railway Company (DMIR).
                    <SU>1</SU>
                    <FTREF/>
                     The rights extend between Shelton Junction, MN (milepost 70.7 on DWP's Rainy Subdivision), and Nopeming Junction, MN (milepost 10.7 on DWP's Rainy Subdivision), a distance of approximately 60 miles. DMIR states that the amendment will allow a limited expansion of DMIR's rights on tracks over which it already operates. 
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         DMIR initially obtained these trackage rights in 
                        <E T="03">Duluth, Missabe and Iron Range Railway Company—Trackage Rights Exemption—Duluth, Winnipeg and Pacific Railway Company,</E>
                         STB Finance Docket No. 34424 (Sub-No. 2) (STB served Apr. 9, 2004). 
                    </P>
                </FTNT>
                <P>The purpose of the proposed transaction is to allow for nonexclusive overhead movements, reblocking cars within single trains, or setting out cars requiring servicing over the existing trackage, thus enhancing operational efficiency. The transaction includes all industry spurs, connecting tracks and sidings now existent or hereafter constructed along the subject tracks, and right-of-way for the tracks, signals, interlocking devices and plants, telegraph and telephone lines, and other necessary appurtenances, a distance of approximately 60.0 miles, all within the State of Minnesota. </P>
                <P>The earliest this transaction may be consummated is July 14, 2007, the effective date of the exemption (30 days after the exemption was filed). </P>
                <P>
                    As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in 
                    <E T="03">Norfolk and Western Ry. Co.—Trackage Rights—BN,</E>
                     354 I.C.C. 605 (1978), as modified in 
                    <E T="03">Mendocino Coast Ry., Inc.—Lease and Operate,</E>
                     360 I.C.C. 653 (1980). 
                </P>
                <P>
                    This notice is filed under 49 CFR 1180.2(d)(7). If the notice contains false or misleading information, the exemption is void 
                    <E T="03">ab initio.</E>
                     Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than July 6, 2007 (at least 7 days before the exemption becomes effective). 
                </P>
                <P>An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35046, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Thomas J. Healey, 17641 S. Ashland Ave., Homewood, IL 60430. </P>
                <P>
                    Board decisions and notices are available on our Web site at 
                    <E T="03">http://www.stb.dot.gov.</E>
                </P>
                <SIG>
                    <DATED>Decided: June 25, 2007. </DATED>
                    <P>By the Board, David M. Konschnik, Director, Office of Proceedings. </P>
                    <NAME>Vernon A. Williams, </NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12607 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4915-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
                <SUBAGY>Surface Transportation Board </SUBAGY>
                <DEPDOC>[STB Finance Docket No. 35047] </DEPDOC>
                <SUBJECT>Wisconsin Central Ltd.—Trackage Rights Exemption—Duluth, Missabe and Iron Range Railway Company </SUBJECT>
                <P>
                    Pursuant to a written trackage rights agreement dated June 4, 2007, Duluth, Missabe and Iron Range Railway Company (DMIR) has agreed to grant overhead trackage rights to Wisconsin Central Ltd. (WC) over a line of railroad between South Itasca, WI (milepost 455.1), and Shelton Junction, MN (milepost 68.4), via Carson, MN, including all industry spurs, connecting tracks and sidings now existent or hereafter constructed along the subject tracks, and right-of-way for the tracks, signals, interlocking devices and plants, telegraph and telephone lines, and other necessary appurtenances, a distance of approximately 80.80 miles, all within the States of Minnesota and Wisconsin.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         A redacted version of the trackage rights agreement between WC and DMIR was filed with the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a motion for protective order. The request for a protective order is being addressed in a separate decision.
                    </P>
                </FTNT>
                <P>The earliest this transaction may be consummated is July 14, 2007, the effective date of the exemption (30 days after the exemption was filed). </P>
                <P>The purpose of the trackage rights is to enhance operational efficiency in the movement of overhead freight movements, reblocking of cars within the same train, and setting out cars requiring servicing between South Itasca and Shelton Junction. </P>
                <P>
                    As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in 
                    <E T="03">Norfolk and Western Ry. Co.—Trackage Rights—BN,</E>
                     354 I.C.C. 605 (1978), as modified in 
                    <E T="03">Mendocino Coast Ry., Inc.—Lease and Operate,</E>
                     360 I.C.C. 653 (1980). 
                </P>
                <P>
                    This notice is filed under 49 CFR 1180.2(d)(7). If the notice contains false or misleading information, the exemption is void 
                    <E T="03">ab initio.</E>
                     Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Stay petitions must be filed by July 6, 2007 (at least 7 days before the exemption becomes effective). 
                </P>
                <P>An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35047, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Thomas J. Healey, 17641 S. Ashland Ave., Homewood, IL 60430. </P>
                <P>
                    Board decisions and notices are available on our Web site at 
                    <E T="03">http://www.stb.dot.gov.</E>
                </P>
                <SIG>
                    <DATED>Decided: June 25, 2007. </DATED>
                    <P>By the Board, David M. Konschnik, Director, Office of Proceedings. </P>
                    <NAME>Vernon A. Williams, </NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12608 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4915-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
                <SUBAGY>Surface Transportation Board </SUBAGY>
                <DEPDOC>[STB Finance Docket No. 35048] </DEPDOC>
                <SUBJECT>Wisconsin Central Ltd.—Trackage Rights Exemption—Duluth, Winnipeg and Pacific Railway Company </SUBJECT>
                <P>
                    Pursuant to a written trackage rights agreement dated June 4, 2007, Duluth, Winnipeg and Pacific Railway Company (DWP) has agreed to grant overhead trackage rights to Wisconsin Central Ltd. (WC) over a line of railroad between Nopeming Junction, MN (milepost 10.7), and Ranier, MN (milepost 165.3), including all industry spurs, connecting tracks and sidings now existent or hereafter constructed along the subject tracks, and right-of-way for the tracks, signals, interlocking devices and plants, telegraph and telephone lines, and other necessary appurtenances, a distance of 
                    <PRTPAGE P="35741"/>
                    approximately 154.6 miles, all within the State of Minnesota.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         A redacted version of the trackage rights agreement between WC and DWP was filed with the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a motion for protective order. The request for a protective order is being addressed in a separate decision.
                    </P>
                </FTNT>
                <P>The earliest this transaction may be consummated is July 14, 2007, the effective date of the exemption (30 days after the exemption was filed). </P>
                <P>The purpose of the trackage rights is to enhance operational efficiency in the movement of overhead freight movements, reblocking of cars within the same train, and setting out cars requiring servicing between Nopeming Junction and Ranier. </P>
                <P>
                    As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in 
                    <E T="03">Norfolk and Western Ry. Co.—Trackage Rights—BN,</E>
                     354 I.C.C. 605 (1978), as modified in 
                    <E T="03">Mendocino Coast Ry., Inc.—Lease and Operate,</E>
                     360 I.C.C. 653 (1980). 
                </P>
                <P>
                    This notice is filed under 49 CFR 1180.2(d)(7). If the notice contains false or misleading information, the exemption is void 
                    <E T="03">ab initio</E>
                    . Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Stay petitions must be filed by July 6, 2007 (at least 7 days before the exemption becomes effective). 
                </P>
                <P>An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35048, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Thomas J. Healey, 17641 S. Ashland Ave., Homewood, IL 60430. </P>
                <P>
                    Board decisions and notices are available on our Web site at 
                    <E T="03">http://www.stb.dot.gov</E>
                    . 
                </P>
                <SIG>
                    <DATED>Decided: June 25, 2007.</DATED>
                    <P>By the Board, David M. Konschnik, Director, Office of Proceedings. </P>
                    <NAME>Vernon A. Williams, </NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12609 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4915-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
                <SUBAGY>Surface Transportation Board </SUBAGY>
                <DEPDOC>[STB Finance Docket No. 35052] </DEPDOC>
                <SUBJECT>Union Pacific Railroad Company—Temporary Trackage Rights Exemption—The Kansas City Southern Railway Company </SUBJECT>
                <P>The Kansas City Southern Railway Company (KCS) has agreed to grant temporary overhead trackage rights to Union Pacific Railroad Company (UP) over KCS's line between milepost 482.0 on KCS's Mexico Subdivision at Kansas City, MO, and milepost 252.1 on KCS's East St. Louis Terminal Subdivision at Godfrey, IL, a distance of approximately 285 miles. </P>
                <P>The transaction is scheduled to be consummated on July 15, 2007, the effective date of this exemption (30 days after the exemption was filed). The temporary trackage rights will expire on or about December 31, 2007. The purpose of the temporary trackage rights is to facilitate the performance of maintenance work on UP lines. </P>
                <P>
                    As a condition to this exemption, any employee affected by the acquisition of the temporary trackage rights will be protected by the conditions imposed in 
                    <E T="03">Norfolk and Western Ry. Co.—Trackage Rights—BN,</E>
                     354 I.C.C. 605 (1978), as modified in 
                    <E T="03">Mendocino Coast Ry., Inc.—Lease and Operate,</E>
                     360 I.C.C. 653 (1980), and any employee affected by the discontinuance of those trackage rights will be protected by the conditions set out in 
                    <E T="03">Oregon Short Line R. Co.—Abandonment—Goshen,</E>
                     360 I.C.C. 91 (1979). 
                </P>
                <P>
                    This notice is filed under 49 CFR 1180.2(d)(8). If it contains false or misleading information, the exemption is void 
                    <E T="03">ab initio.</E>
                     Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. Any stay petition must be filed on or before July 6, 2007 (at least 7 days before the exemption becomes effective). 
                </P>
                <P>An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35052, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Gabriel S. Meyer, Union Pacific Railroad Company, 1400 Douglas Street, STOP 1580, Omaha, NE 68179. </P>
                <P>
                    Board decisions and notices are available on our Web site at 
                    <E T="03">http://www.stb.dot.gov.</E>
                </P>
                <SIG>
                    <DATED>Decided: June 25, 2007. </DATED>
                    <P>By the Board, David M. Konschnik, Director, Office of Proceedings. </P>
                    <NAME>Vernon A. Williams, </NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12631 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4915-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
                <SUBAGY>Surface Transportation Board </SUBAGY>
                <DEPDOC>[STB Finance Docket No. 35050] </DEPDOC>
                <SUBJECT>Duluth, Winnipeg and Pacific Railway Company—Trackage Rights Exemption—Wisconsin Central Ltd. </SUBJECT>
                <P>
                    Pursuant to a written trackage rights agreement dated June 4, 2007, Wisconsin Central Ltd. (WC) has agreed to grant overhead trackage rights to Duluth, Winnipeg and Pacific Railway Company (DWP) over a line of railroad between South Itasca, WI (milepost 455.1), and Fond du Lac (Shops Yard), WI (milepost 158.4), via Hoover, WI, including all industry spurs, connecting tracks and sidings now existent or hereafter constructed along the subject tracks, and right-of-way for the tracks, signals, interlocking devices and plants, telegraph and telephone lines, and other necessary appurtenances, a distance of approximately 296.7 miles, all within the State of Wisconsin.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         A redacted version of the trackage rights agreement between DWP and WC was filed with the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a motion for protective order. The request for a protective order is being addressed in a separate decision.
                    </P>
                </FTNT>
                <P>The earliest this transaction may be consummated is July 14, 2007, the effective date of the exemption (30 days after the exemption was filed). </P>
                <P>The purpose of the trackage rights is to enhance operational efficiency in the movement of overhead freight movements, reblocking of cars within the same train, and setting out cars requiring servicing between South Itasca and Fond du Lac (Shops Yard). </P>
                <P>
                    As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in 
                    <E T="03">Norfolk and Western Ry. Co.—Trackage Rights—BN,</E>
                     354 I.C.C. 605 (1978), as modified in 
                    <E T="03">Mendocino Coast Ry., Inc.—Lease and Operate,</E>
                     360 I.C.C. 653 (1980). 
                </P>
                <P>
                    This notice is filed under 49 CFR 1180.2(d)(7). If the notice contains false or misleading information, the exemption is void 
                    <E T="03">ab initio.</E>
                     Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not 
                    <PRTPAGE P="35742"/>
                    automatically stay the effectiveness of the exemption. Stay petitions must be filed by July 6, 2007 (at least 7 days before the exemption becomes effective). 
                </P>
                <P>An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35050, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Thomas J. Healey, 17641 S. Ashland Ave., Homewood, IL 60430. </P>
                <P>
                    Board decisions and notices are available on our Web site at 
                    <E T="03">http://www.stb.dot.gov.</E>
                </P>
                <SIG>
                    <DATED>Decided: June 25, 2007. </DATED>
                    <P>By the Board, David M. Konschnik, Director, Office of Proceedings. </P>
                    <NAME>Vernon A. Williams, </NAME>
                    <TITLE>Secretary. </TITLE>
                </SIG>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12559 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4915-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION </AGENCY>
                <SUBAGY>Surface Transportation Board </SUBAGY>
                <DEPDOC>[STB Finance Docket No. 35049] </DEPDOC>
                <SUBJECT>Duluth, Missabe and Iron Range Railway Company—Trackage Rights Exemption—Wisconsin Central Ltd. </SUBJECT>
                <P>
                    Pursuant to a written trackage rights agreement dated June 4, 2007, Wisconsin Central Ltd. (WC) has agreed to grant overhead trackage rights to Duluth, Missabe and Iron Range Railway Company (DMIR) over a line of railroad between South Itasca, WI (milepost 455.1), and Fond du Lac (Shops Yard), WI (milepost 158.4), via Hoover, WI, including all industry spurs, connecting tracks and sidings now existent or hereafter constructed along the subject tracks, and right-of-way for the tracks, signals, interlocking devices and plants, telegraph and telephone lines, and other necessary appurtenances, a distance of approximately 296.7 miles, all within the State of Wisconsin.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         A redacted version of the trackage rights agreement between DMIR and WC was filed with the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a motion for protective order. The request for a protective order is being addressed in a separate decision.
                    </P>
                </FTNT>
                <P>The earliest this transaction may be consummated is July 14, 2007, the effective date of the exemption (30 days after the exemption was filed). </P>
                <P>The purpose of the trackage rights is to enhance operational efficiency in the movement of overhead freight movements, reblocking of cars within the same train, and setting out cars requiring servicing between South Itasca and Fond du Lac (Shops Yard). </P>
                <P>
                    As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in 
                    <E T="03">Norfolk and Western Ry. Co.—Trackage Rights—BN,</E>
                     354 I.C.C. 605 (1978), as modified in 
                    <E T="03">Mendocino Coast Ry., Inc.—Lease and Operate,</E>
                     360 I.C.C. 653 (1980). 
                </P>
                <P>
                    This notice is filed under 49 CFR 1180.2(d)(7). If the notice contains false or misleading information, the exemption is void 
                    <E T="03">ab initio</E>
                    . Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Stay petitions must be filed by July 6, 2007 (at least 7 days before the exemption becomes effective). 
                </P>
                <P>An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35049, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Thomas J. Healey, 17641 S. Ashland Ave., Homewood, IL 60430. </P>
                <P>
                    Board decisions and notices are available on our Web site at 
                    <E T="03">http://www.stb.dot.gov</E>
                    . 
                </P>
                <SIG>
                    <DATED>Decided: June 25, 2007.</DATED>
                    <P>By the Board, David M. Konschnik, Director, Office of Proceedings. </P>
                    <NAME>Vernon A. Williams, </NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. E7-12610 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4915-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE TREASURY</AGENCY>
                <SUBAGY>Fiscal Service</SUBAGY>
                <SUBJECT>Prompt Payment Interest Rate; Contract Disputes Act</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of the Public Debt, Fiscal Service, Treasury.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        For the period beginning July 1, 2007, and ending on December 31, 2007, the prompt payment interest rate and the contract disputes interest rate is 5
                        <FR>3/4</FR>
                         per centum per annum.
                    </P>
                </SUM>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Comments or inquiries may be mailed to Carol Brooks, Accountant, Borrowings Accounting Team, Division of Accounting Operations, Office of Public Debt Accounting, Bureau of the Public Debt, Parkersburg, West Virginia 26106-1328.  A copy of this Notice is available at 
                        <E T="03">http://www.publicdebt.treas.gov.</E>
                    </P>
                </ADD>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Effective July 1, to December 31, 2007.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Veronica Lowther, Acting Director, Division of Accounting Operations, Office of Public Debt Accounting, Bureau of the Public Debt, Parkersburg, West Virginia 26106-1328, (304) 480-5161; Carol Brooks, Accountant, Borrowings Accounting Team, Division of Accounting Operations, Office of Public Debt Accounting, Bureau of the Public Debt, Parkersburg, West Virginia 26106-1328, (304) 480-5167; Amy Mertz Brown, Deputy Chief Counsel, Office of the Chief Counsel, Bureau of the Public Debt, (202) 504-3715; or Brenda L. Hoffman, Attorney-Adviser, Office of the Chief Counsel, Bureau of the Public Debt, (202) 504-3706.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>An agency acquiring property or services from a business concern, but failing to pay for each completed delivered item of property or service by the required payment date, must pay the business concern an interest penalty, commonly known as the Prompt Payment Interest Penalty.  31 U.S.C. 3902(a).  The applicable interest rate for determining this penalty is the rate established by the Secretary of the Treasury under § 12 of the Contract Disputes Act (codified at 41 U.S.C. 611) and in effect at the time the agency accrues the obligation to pay this late payment interest penalty.  31 U.S.C. 3902(a).  Agencies must pay the interest penalty calculated with the Prompt Payment Interest Rate, “for the period beginning on the date after the required payment date and ending on the date on which the payment is made.”  31 U.S.C. 3902(b).  If an interest penalty is owed to a business concern because of a late payment, the penalty must be paid regardless of whether the business concern requested payment of the penalty.</P>
                <P>An agency also must pay interest on claims found due to contractors that are submitted to procuring agencies for payment, payable for the time period between when the contracting officer receives the claim and when the procuring agency pays the claim.  Contract Disputes Act § 12; 41 U.S.C. 611.</P>
                <P>
                    The Secretary is required to establish an interest rate for both of these purposes.  31 U.S.C. 3902(a); 41 U.S.C. 611.  Therefore, notice is given that the Secretary of the Treasury has determined that the rate of interest for purposes of both Prompt Payment and the Contract Disputes Act, applicable for the period beginning July 1, 2007, and 
                    <PRTPAGE P="35743"/>
                    ending on December 31, 2007, is 5
                    <FR>3/4</FR>
                     per centum per annum.
                </P>
                <SIG>
                    <NAME>Kenneth E. Carfine,</NAME>
                    <TITLE>Fiscal Assistant Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 07-3178 Filed 6-28-07; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4810-39-M</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY </AGENCY>
                <SUBAGY>Internal Revenue Service </SUBAGY>
                <SUBJECT>Open Meeting of the Area 1 Committee of the Taxpayer Advocacy Panel (Including the States of New York, Connecticut, Massachusetts, Rhode Island, New Hampshire, Vermont and Maine) </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Internal Revenue Service (IRS), Treasury. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>An open meeting of the Area 1 Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The meeting will be held Tuesday, July 17, 2007. </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Audrey Y. Jenkins at 1-888-912-1227 (toll-free), or 718-488-2085 (non toll-free). </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    An open meeting of the Area 1 Committee of the Taxpayer Advocacy Panel will be held Tuesday, July 17, 2007 from 9 a.m. ET to 10 a.m. ET via a telephone conference call. Individual comments will be limited to 5 minutes. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 718-488-2085, or write Audrey Y. Jenkins, TAP Office, 10 MetroTech Center, 625 Fulton Street, Brooklyn, NY 11201. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Audrey Y. Jenkins. Ms. Jenkins can be reached at 1-888-912-1227 or 718-488-2085, or post comments to the Web site: 
                    <E T="03">http://www.improveirs.org.</E>
                </P>
                <P>The agenda will include various IRS issues. </P>
                <SIG>
                    <DATED>Dated: June 20, 2007. </DATED>
                    <NAME>John Fay, </NAME>
                    <TITLE>Acting Director, Taxpayer Advocacy Panel.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12588 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4830-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY </AGENCY>
                <SUBAGY>Internal Revenue Service </SUBAGY>
                <SUBJECT>Open Meeting of the Area 2 Committee of the Taxpayer Advocacy Panel (Including the States of Delaware, North Carolina, South Carolina, New Jersey, Maryland, Pennsylvania, Virginia, and West Virginia and the District of Columbia) </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Internal Revenue Service (IRS), Treasury. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>An open meeting of the Area 2 Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The meeting will be held Wednesday, July 18, 2007, at 2:30 p.m. ET. </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Inez E. De Jesus at 1-888-912-1227, or 954-423-7977. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given pursuant to section 10 (a) (2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Area 2 Committee of the Taxpayer Advocacy Panel will be held Wednesday, July 18, 2007 at 2:30 p.m. ET via a telephone conference call. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 954-423-7977, or write Inez E. De Jesus, TAP Office, 1000 South Pine Island Rd., Suite 340, Plantation, FL 33324. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Inez E. De Jesus. Ms. De Jesus can be reached at 1-888-912-1227 or 954-423-7977, or post comments to the Web site: 
                    <E T="03">http://www.improveirs.org.</E>
                </P>
                <P>The agenda will include the following: Various IRS issues. </P>
                <SIG>
                    <DATED>Dated: June 20, 2007. </DATED>
                    <NAME>John Fay, </NAME>
                    <TITLE>Acting Director, Taxpayer Advocacy Panel.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12591 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4830-01-P </BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE TREASURY </AGENCY>
                <SUBAGY>Internal Revenue Service </SUBAGY>
                <SUBJECT>Open Meeting of the Area 7 Committee of the Taxpayer Advocacy Panel (Including the States of Alaska, California, Hawaii, and Nevada) </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Internal Revenue Service (IRS), Treasury. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>An open meeting of the Area 7 Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel (TAP) is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. The TAP will use citizen input to make recommendations to the Internal Revenue Service. </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The meeting will be held Wednesday July 18, 2007. </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Janice Spinks at 1-888-912-1227, or 206-220-6096. </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Area 7 Committee of the Taxpayer Advocacy Panel will be held Wednesday, July 18, 2007 from 2 p.m. Pacific Time to 3:30 p.m. Pacific Time via a telephone conference call. The public is invited to make oral comments. Individual comments will be limited to 5 minutes. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 206-220-6096, or write to Janice Spinks, TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174 or you can contact us at 
                    <E T="03">http://www.improveirs.org.</E>
                     Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Janice Spinks. Miss Spinks can be reached at 1-888-912-1227 or 206-220-6096. 
                </P>
                <P>The agenda will include the following: Various IRS issues. </P>
                <SIG>
                    <DATED>Dated: June 20, 2007. </DATED>
                    <NAME>John Fay, </NAME>
                    <TITLE>Acting Director, Taxpayer Advocacy Panel. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC> [FR Doc. E7-12592 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 4830-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="35744"/>
                <AGENCY TYPE="N">U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION </AGENCY>
                <SUBJECT>Notice of Open Public Hearing </SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S.-China Economic and Security Review Commission. </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of open public hearing—July 12-13, 2007, Washington, DC. </P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Notice is hereby given of the following hearing of the U.S.-China Economic and Security Review Commission. </P>
                    <P>
                        <E T="03">Name:</E>
                         Carolyn Bartholomew, Chairman of the U.S.-China Economic and Security Review Commission. 
                    </P>
                    <P>
                        The Commission is mandated by Congress to investigate, assess, evaluate, and report to Congress annually on “the national security implications and impact of the bilateral trade and economic relationship between the United States and the People's Republic of China.” Pursuant to this mandate, the Commission will hold a public hearing in Washington, DC on July 12-13, 2007 on “
                        <E T="03">China's Proliferation and the Impact of Trade Policy on Defense Industries in the United States and China.</E>
                        ” 
                    </P>
                    <HD SOURCE="HD1">Background </HD>
                    <P>This event is the fifth in a series of public hearings the Commission will hold during its 2007 report cycle to collect input from leading experts in academia, business, industry, government and from the public on the impact of the economic and national security implications of the U.S. bilateral trade and economic relationship with China. The July 12-13 hearing is being conducted to examine the impact of China's proliferation practices on U.S. national security, China's compliance with its own nonproliferation laws and regulations and international nonproliferation norms, the development of an indigenous defense industrial capacity in China, and the impact of trade practices and manufacturing in China on the U.S. defense industrial base. </P>
                    <P>
                        The July 12-13 hearing on “
                        <E T="03">China's Proliferation and the Impact of Trade Policy on Defense Industries in the United States and China</E>
                        ” will be co-chaired by Commissioners Peter Brookes, Mark Esper, William Reinsch, and Michael Wessel. 
                    </P>
                    <P>
                        Information on this hearing, including a detailed hearing agenda and information about panelists, will be made available on the Commission's Web site prior to the hearing date. Detailed information about the Commission, the texts of its annual reports and hearing records, and the products of research it has commissioned can be found on the Commission's Web site at 
                        <E T="03">http://www.uscc.gov.</E>
                    </P>
                    <P>Any interested party may file a written statement by July 12, 2007, by mailing to the contact below. </P>
                    <P>
                        <E T="03">Date and Time:</E>
                         Thursday, July 12, 2007, 8:30 a.m. to 4:30 p.m.; and Friday, July 13, 2007, 8:30 a.m. to 1 p.m. A detailed agenda for the hearing will be posted to the Commission's Web site at 
                        <E T="03">http://www.uscc.gov</E>
                         in the near future. 
                    </P>
                </SUM>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>The hearings will be held on Capitol Hill in Room 385, Russell Senate Office Building, located at Delaware &amp; Constitution Avenues, NE., Washington, DC 20510. Public seating is limited to approximately 50 people on a first come, first served basis. Advance reservations are not required. </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Kathy Michels, Associate Director for the U.S.-China Economic and Security Review Commission, 444 North Capitol Street, NW., Suite 602, Washington,  DC 20001; phone: 202-624-1409, or via e-mail at 
                        <E T="03">kmichels@uscc.gov.</E>
                    </P>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>Congress created the U.S.-China Economic and Security Review Commission in 2000 in the National Defense Authorization Act (Pub. L. 106-398), as amended by Division P of the Consolidated Appropriations Resolution, 2003 (Pub. L. 108-7), as amended by Public Law 109-108 (November 22, 2005). </P>
                    </AUTH>
                    <SIG>
                        <DATED>Dated: June 25, 2007. </DATED>
                        <NAME>Kathleen J. Michels, </NAME>
                        <TITLE>Associate Director, U.S.-China Economic and Security Review Commission.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC> [FR Doc. E7-12647 Filed 6-28-07; 8:45 am] </FRDOC>
            <BILCOD>BILLING CODE 1137-00-P </BILCOD>
        </NOTICE>
    </NOTICES>
    <VOL>72</VOL>
    <NO>125</NO>
    <DATE>Friday June 29, 2007</DATE>
    <UNITNAME>CORRECTIONS</UNITNAME>
    <CORRECT>
        <EDITOR>!!!Ben!!!</EDITOR>
        <PREAMB>
            <PRTPAGE P="35745"/>
            <AGENCY TYPE="F">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
            <DEPDOC>[Release No. 34-55875; File No. SR-Amex-2006-17]</DEPDOC>
            <SUBJECT>Self-Regulatory Organizations; American Stock Exchange LLC; Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment Nos. 1, 2, 3, and 4 Thereto, Relating to Procedures for At-Risk Cross Transactions</SUBJECT>
        </PREAMB>
        <SUPLINF>
            <HD SOURCE="HD2">Correction</HD>
            <P>In notice document E7-11367 beginning on page 32687 in the issue of Wednesday, June 13, 2007, make the following correction:</P>
            <P>On page 32687, in the first column, the docket number should read as set forth above.</P>
        </SUPLINF>
        <FRDOC>[FR Doc. Z7-11367 Filed 6-28-07; 8:45 am]</FRDOC>
        <BILCOD>BILLING CODE 1505-01-D</BILCOD>
        <EDITOR>Amelia</EDITOR>
        <PREAMB>
            <AGENCY TYPE="S">DEPARTMENT OF LABOR</AGENCY>
            <SUBAGY>Employee Benefits Security Administration</SUBAGY>
            <DEPDOC>[Prohibited Transaction Exemption 2007-04; Exemption Application Nos. D-11345, and D-11370]</DEPDOC>
            <SUBJECT>Grant of Individual Exemptions Involving; D-11342, Mellon Financial Corporation (Mellon); and D-11370, Amendment to Prohibited Exemption (PTE) 2000-58 and (PTE) 2002-41 Involving Bear Stearns &amp; Co. Inc., Prudential Securities Incorporated, et al. to add Dominion Bond Rating Service Limited and Dominion Bond Rating Service, Inc.</SUBJECT>
        </PREAMB>
        <SUPLINF>
            <HD SOURCE="HD2">Correction</HD>
            <P>In notice document E7-4982 beginning on page 13126 in the issue of Tuesday, March 20, 2007, make the following correction:</P>
            <P>On page 13128, the table is being reprinted to read as follows:</P>
            <GPH SPAN="3" DEEP="290">
                <GID>EN25JN07.004</GID>
            </GPH>
        </SUPLINF>
        <FRDOC>[FR Doc. Z7-4982 Filed 6-28-07; 8:45 am]</FRDOC>
        <BILCOD>BILLING CODE 1505-01-D</BILCOD>
    </CORRECT>
    <VOL>72</VOL>
    <NO>125</NO>
    <DATE>Friday, June 29, 2007</DATE>
    <UNITNAME>Proposed Rules</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="35747"/>
            <PARTNO>Part II</PARTNO>
            <AGENCY TYPE="P">Department of Commerce</AGENCY>
            <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
            <HRULE/>
            <CFR>50 CFR Parts 679 and 680</CFR>
            <TITLE>Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Recordkeeping and Reporting; Permits; Proposed Rule</TITLE>
        </PTITLE>
        <PRORULES>
            <PRORULE>
                <PREAMB>
                    <PRTPAGE P="35748"/>
                    <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                    <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                    <CFR>50 CFR Parts 679 and 680</CFR>
                    <DEPDOC>[Docket No. 070515102-7102-01; I.D. 032907C]</DEPDOC>
                    <RIN>RIN 0648-AT91</RIN>
                    <SUBJECT>Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Recordkeeping and Reporting; Permits</SUBJECT>
                    <AGY>
                        <HD SOURCE="HED">AGENCY:</HD>
                        <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                    </AGY>
                    <ACT>
                        <HD SOURCE="HED">ACTION:</HD>
                        <P>Proposed rule; request for comments.</P>
                    </ACT>
                    <SUM>
                        <HD SOURCE="HED">SUMMARY:</HD>
                        <P>
                            NMFS issues a proposed rule for substantial revisions to recordkeeping and reporting (R&amp;R) requirements. This proposed rule would also change a variety of fisheries permits provisions. Several definitions would be changed. Further, this proposed rule also revises a Sitka Pinnacles Marine Reserve closure provision and a groundfish observer provision regarding at-sea vessel-to-vessel transfers. This proposed rule would change certain crab provisions, including fee calculations. Detailed information on these changes is presented in the 
                            <E T="02">SUPPLEMENTARY INFORMATION</E>
                             section below. These actions are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act and to further the goals and objectives of the Alaska fishery management programs.
                        </P>
                    </SUM>
                    <DATES>
                        <HD SOURCE="HED">DATES:</HD>
                        <P>Comments must be received by July 30, 2007.</P>
                    </DATES>
                    <ADD>
                        <HD SOURCE="HED">ADDRESSES:</HD>
                        <P>Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian, Records Officer. Comments may be submitted by:</P>
                        <P>• Mail to NMFS, P.O. Box 21668, Juneau, AK 99802-1668;</P>
                        <P>• Hand delivery to the Federal Building, 709 West 9th Street, Room 420A, Juneau, Alaska, 99802;</P>
                        <P>• Fax: 907-586-7557;</P>
                        <P>
                            • E-mail: 
                            <E T="03">0648-AT91-IERS@noaa.gov</E>
                            . Include in the subject line the following document identifier: IERS. E-mail comments, with or without attachments, are limited to 5 megabytes; or
                        </P>
                        <P>
                            • Webform to the Federal eRulemaking Portal at 
                            <E T="03">http://www.regulations.gov</E>
                            . Follow the instructions at that site for submitting comments.
                        </P>
                        <P>
                            Copies of the Categorical Exclusion (CE) and Regulatory Impact Review/Initial Regulatory Flexibility Analysis (RIR/IRFA) prepared for this action may be obtained from the same address, or by calling the Alaska Region, NMFS, at 907-586-7228, or from the NMFS Alaska Region website at 
                            <E T="03">http://www.fakr.noaa.gov</E>
                            .
                        </P>
                        <P>
                            Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this proposed rule may be submitted to NMFS, Alaska Region, and by e-mail to 
                            <E T="03">David_Rostker@omb.eop.gov</E>
                            , or fax to 202-395-7285.
                        </P>
                    </ADD>
                    <FURINF>
                        <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                        <P>
                            Patsy A. Bearden, 907-586-7008 or email at 
                            <E T="03">patsy.bearden@noaa.gov</E>
                            .
                        </P>
                    </FURINF>
                </PREAMB>
                <SUPLINF>
                    <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                    <P>
                        NMFS manages the groundfish fisheries according to the Fishery Management Plan (FMP) for Groundfish of the Gulf of Alaska (GOA) and the FMP for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI). With Federal oversight, the State of Alaska (State) manages the commercial BSAI king crab and Tanner crab fisheries under the FMP for BSAI King and Tanner Crabs and the commercial scallop fishery under the FMP for the Scallop Fishery off Alaska. The FMPs were prepared by the North Pacific Fishery Management Council and approved by the Secretary of Commerce under authority of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 
                        <E T="03">et seq.</E>
                         The FMPs are implemented by regulations at 50 CFR parts 679 and 680. General provisions governing fishing by U.S. vessels in accordance with the FMPs appear at subpart H of 50 CFR part 600.
                    </P>
                    <HD SOURCE="HD1">Background for Proposed Recordkeeping and Reporting Changes</HD>
                    <P>If approved, this rule would implement the Interagency Electronic Reporting System (IERS) and its data entry component, eLandings, to replace the current Shoreside Processor Electronic Logbook Report (SPELR) for entering groundfish catch information and replace the electronic procedure for data entry of Individual Fishing Quota (IFQ) halibut, Western Alaska Community Development Quota (CDQ) halibut, and IFQ sablefish information. Further explanation is found in Table 11.</P>
                    <P>To further enhance electronic data submission, electronic logbooks (ELBs) are proposed to replace the daily fishing logbook (DFL) used by all catcher vessels, regardless of gear type, as well as replace the daily cumulative fishing logbook (DCPL) used by catcher/processors and motherships. NMFS proposes updates to equipment and operational requirement regulations in conjunction with the new ELBs to provide the process and criteria by which a private-sector vendor could have ELB software programs approved for use in the NMFS Alaska Region groundfish fisheries. Further explanation is found in Tables 4 and 12.</P>
                    <P>In addition to proposing ELB's, this rule would reorganize and revise § 679.5(a) and (c) such that each of the six groundfish logbooks is described in regulatory text separately, completely, and clearly. Processor-completed forms also would be revised and reorganized in this rule. Further explanation is found in Tables 4 through 10.</P>
                    <P>In another action, this rule proposes revisions to several sections of regulations that pertain to permits in the groundfish fisheries off Alaska. Further explanation is found in Table 2.</P>
                    <P>Next, this rule would revise part 680 by removing IFQ crab landing report regulations for incorporation into § 679.5 IERS description and by adding a requirement for a CR Registered Crab Receiver Ex-vessel Volume and Value Report. Further explanation is found in Table 17.</P>
                    <P>Finally, this rule would add and revise certain § 679.2 definitions both related and unrelated to this proposed rule's principal actions, add or correct cross references, remove obsolete text, add new text, and codify certain existing practices in both 50 CFR parts 679 and 680. These revisions would also affect the part 679 Figures and Tables. There are proposed changes to limitations on QS and IFQ use, and to improve enforceability of the Sitka Pinnacles Marine Reserve and observer at-sea transfer provisions. Further explanation is found in Tables 1, 3, and 13 through 17.</P>
                    <P>The text of each proposed change is set forth in either the proposed regulatory text or in the add/remove table at the back of this proposed rule. Because simple changes are more efficiently shown in an add/remove table, NMFS chose to propose those types of changes in the table. The preamble will refer the reader to the add/remove table at any instance the proposed regulatory change is found there. All other text is otherwise set forth in the proposed regulatory text following the preamble.</P>
                    <P>
                        Tables 1 through 17 of this preamble provide the paragraph location, general 
                        <PRTPAGE P="35749"/>
                        type of change, and reason for the proposed changes and additions.
                    </P>
                    <HD SOURCE="HD1">Need for Action</HD>
                    <HD SOURCE="HD2">Amendments to § 679.2</HD>
                    <P>This action proposes to amend § 679.2 by adding new definitions and revising existing definitions. Technical revisions include additions of cross-references, updated definitions to include the new eLandings and IERS, corrections, or abbreviations. Some proposed changes mean there are new requirements or existing requirements would be changed. These measures are explained further in Table 1. Table 1 summarizes changes to § 679.2.</P>
                    <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="s50L,xl180L">
                        <TTITLE>Table 1. Section 679.2—Definitions</TTITLE>
                        <BOXHD>
                            <CHED H="1">Definition</CHED>
                            <CHED H="1">Reason for change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s">
                            <ENT I="22">“Associated processor”</ENT>
                            <ENT>
                                to describe two different mothership and catcher/processor relationships: with a buying station and a custom processor. A second “associated processor” definition would be added for purposes of eLandings to describe a relationship with a custom processor. The heading “
                                <E T="03">Relationship with a buying station</E>
                                ” would be added to the current definition. In addition “a federally permitted mothership, shoreside processor, or stationary floating processor” would be revised to say “a mothership or catcher/processor issued an FFP or a shoreside processor or SFP issued an FPP.” This would provide an accurate permit description.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“At-sea operation”</ENT>
                            <ENT>to translate the Federal categories of “catcher/processor” and “mothership” to an eLandings operation type of “at-sea” for the purpose of eLandings processor registration.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Authorized distributor”</ENT>
                            <ENT>to remove “food bank distributors” and replace with “food bank distributors (see § 679.26 Prohibited Species Donation Program).” This would provide a cross reference to the section that describes the food bank program [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Authorized fishing gear”, paragraph (14)(iii) under “pelagic trawl gearrdquo;</ENT>
                            <ENT>to remove “paragraph (10)(ix)” and replace with “paragraph (14)(ix)”. This change would correct the paragraph reference [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Authorized fishing gear”, paragraphs (14)(iv) and (14)(v) under “pelagic trawl gear”</ENT>
                            <ENT>to remove “paragraph (10)(iii)” and by adding in its place “paragraph (14)(iii).” This change would correct the paragraph reference [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Basis species”</ENT>
                            <ENT>to remove “authorized to harvest” and replace with “authorized to harvest (see Tables 10 and 11 to this part).” This change would add a cross reference to Tables 10 and 11 which list basis species [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Catcher vessel”</ENT>
                            <ENT>to add the abbreviation, CV. This would define the abbreviation that is used frequently in the regulatory text [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Catcher/processor”</ENT>
                            <ENT>to add the abbreviation, C/P. This would define the abbreviation that is used frequently in the regulatory text [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“eLandings”</ENT>
                            <ENT>to add the name of the data entry component of the interagency electronic reporting system for commercial harvest and production of groundfish, halibut, and crab.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Endorsement”, paragraphs (1) and (2)</ENT>
                            <ENT>to remove “LLP permits” and replace with “LLP licenses”. This would correct the text to use the proper term. [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“gear deployment (or to set gear)”</ENT>
                            <ENT>to remove the defining text and replace with a cross reference to § 679.5(c)(3)(vi)(B) and § 679.5(c)(4). This would place gear information in related logbook sections.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“gear retrieval (or to haul gear)”</ENT>
                            <ENT>to remove the defining text and replace with a cross reference to § 679.5(c)(3)(vi)(C) and § 679.5(c)(4)(vi)(C). This would place gear information in related logbook sections.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Haul”</ENT>
                            <ENT>to replace the current definition, which is a simple cross-reference to the definition for “gear retrieval”, and redefine “haul” to include a variety of gear retrievals. Further, for enforcement purposes, the definition would state that each time gear is hauled for any reason the haul be numbered.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Interagency electronic reporting system (IERS)”</ENT>
                            <ENT>
                                to add the name of the electronic reporting system through which processors would report groundfish, crab, halibut, and sablefish landings on the eLandings website (
                                <E T="03">http://www.elandings.alaska.gov</E>
                                ) to satisfy data requirements of NMFS, ADF&amp;G, and International Pacific Halibut Commission (IPHC).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Maximum retainable amount (MRA)”</ENT>
                            <ENT>to add this term. This term and abbreviation are used in several places in the regulations at 50 CFR part 679; however, MRA is explained at § 679.20(e).</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Non-IFQ groundfish”</ENT>
                            <ENT>to identify which sablefish program is being addressed. Sablefish belong to two management programs; groundfish and IFQ sablefish. Sablefish harvested with trawl gear or in the CDQ Program are non-IFQ groundfish.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Non-individual entity”</ENT>
                            <ENT>to add this term to describe any type of entity other than a natural or human entity</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Permit”</ENT>
                            <ENT>to explain that the terms “permit, license, card, and any endorsement placed on a license, card, or permit,” are synonymous and have the same legal authority as “permit”.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <PRTPAGE P="35750"/>
                            <ENT I="22">“Prohibited species”</ENT>
                            <ENT>to remove “regulated under this part” and replace with “issued an FFP under § 679.4(b)” [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Prohibited species catch (PSC)”</ENT>
                            <ENT>to state that “PSC” means any of the species listed in Table 2b to this part.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Shoreside processor electronic logbook report (SPELR)”</ENT>
                            <ENT>to add definition for SPELR and to indicate that SPELR is superceded by eLandings.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Single geographic location (see § 679.4(l)(5)(iii)”</ENT>
                            <ENT>to add a cross reference to indicate where more information on this term may be found.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Stationary floating processor”</ENT>
                            <ENT>to add the abbreviation, SFP, to the definition [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Tender vessel (see also “buying station”)”</ENT>
                            <ENT>to add “or shellfish” after “fish” to broaden this definition to include shellfish. Specific processor types would be removed and replaced with “associated processor” to indicate that a prior arrangement or association must take place with a processor before transport, primarily for purposes of recordkeeping and reporting.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“User”</ENT>
                            <ENT>to add a term to describe those participants required to or authorized to use IERS and eLandings.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“User identification (UserID)”</ENT>
                            <ENT>to add a term to describe the meaning and purposes of IERS and eLandings identification of a fishery participant.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">“Vessel operations category”</ENT>
                            <ENT>to correct the cross reference [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">“Week-ending date”</ENT>
                            <ENT>to establish “week-ending date” currently found in § 679.5(a)(6)(iii)(B) as a definition. Making it a definition makes the term more accessible.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <HD SOURCE="HD2">Permit-related Revisions</HD>
                    <P>Section 303(b)(1) of the Magnuson-Stevens Act authorizes the Secretary to require permits for fishing vessels, operators, and processors participating in fisheries conducted under FMP's. Permit identification of the participants and expected activity levels are needed to measure the consequences of management controls and are an effective tool in the enforcement of other fishery regulations. Experience has shown that fines for violations of specific fishery regulations are not as effective as the threat of a permit revocation that would exclude the participant from the fishery altogether. NMFS proposes to create a better regulatory environment to improve compliance with the requirements of each permit, while at the same time facilitating prosecution of cases.</P>
                    <P>These proposed regulatory amendments would provide uniform language and would revise permit-related regulations governing fishing activities in FMP fisheries in the GOA and BSAI. Most of the proposed measures are technical in nature and do not change existing requirements. Other proposed measures would require new data in a permit application and ensure applicants are qualified for the permit. Several proposed measures would describe how to amend permits to reflect new holder information. For other proposed measures, this administrative action is necessary to simplify these regulations through minor regulatory text revisions. NMFS has never provided a formal process for surrendering a permit. Consequently, this action would also describe which permits can be surrendered and the process for surrender. Table 2 summarizes those changes.</P>
                    <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="s50L,xl180L">
                        <TTITLE>Table 2. Section 679.4—Permits</TTITLE>
                        <BOXHD>
                            <CHED H="1">Paragraph under § 679.4</CHED>
                            <CHED H="1">Reason for change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s">
                            <ENT I="22">(a)(1)(i)(A)</ENT>
                            <ENT>to remove “Until next renewal cycle.” and replace with “Until expiration date shown on permit.” This would describe NMFS' existing IFQ permit renewal practice as described in paragraphs (b)(4)(i) and (f)(4)(i) [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(a)(1)(vii)(C)</ENT>
                            <ENT>to add text regarding the Scallop license that was inadvertently omitted in previous rules.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(a)(3)(i)</ENT>
                            <ENT>to state that the permit applications may also be completed onscreen from the NMFS Alaska Region home page. The GPEA encourages the use of electronic access to forms and information. NMFS is working towards increasing the numbers of participants in Alaska fisheries who use computers and the Internet to access needed forms.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(a)(3)(iii)</ENT>
                            <ENT>to add “applicant” to the description of entities who must obtain separate permits, which presently are vessels, processors, and buying stations and change the regulation focus from “applications” to “permits”. Adding “applicant” and refocusing the regulation would require that separate applicants must have separate permits. The existing regulation text may be misleading because an applicant may believe that one application may suffice to obtain a permit for one vessel when in fact more than one permit may be required.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(a)(4)</ENT>
                            <ENT>to amend a permit through submittal of an application. This paragraph would be removed and the contents integrated into the FFP and the FPP sections and revised.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <PRTPAGE P="35751"/>
                            <ENT I="22">(a)(9)</ENT>
                            <ENT>to establish formal procedures for voluntary surrender and reissue of all permits. It would describe permits that may not be surrendered; permits that are surrendered permanently; permits that are surrendered for a fishing year; and permits that are surrendered and regained during a fishing year.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(b) heading</ENT>
                            <ENT>to add the abbreviation (FFP) after the title. This would be necessary to identify the meaning of the abbreviation, which is used many times in the regulatory text.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(b)(3)</ENT>
                            <ENT>to simplify how a submitter describes vessel operations categories. This would remove paragraphs (b)(3)(i) through (iv) and add in their place “An FFP authorizes a vessel owner to deploy a vessel to conduct operations in the GOA or BSAI under the following categories: catcher vessel, catcher/processor, mothership, tender vessel, or support vessel. A vessel may not be operated in a category other than as specified on the FFP.”</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(b)(4)(i)</ENT>
                            <ENT>
                                to add the heading “
                                <E T="03">Length of permit effectiveness</E>
                                ”, to correct the duration of the FFP, and to add information about surrender of a permit. This would remove “from the date of issuance through the end of the current NMFS 3-year cycle” and replace with “"for three years from the effective date through the expiration date”. This would also add a cross reference to the new permit surrender paragraph (a)(9). This would replace “Federal fisheries permit” with the abbreviation “FFP”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(b)(4)(ii)</ENT>
                            <ENT>
                                to add the heading “
                                <E T="03">Surrendered permit</E>
                                ”, provide that an owner or agent may surrender the permit, and where to send it. In addition, it would revise the requirement to send the returned permit by some method, such as certified mail, that provides evidence that NMFS received the permit. This would replace “Federal fisheries permit” with the abbreviation “FFP”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(b)(4)(iii)</ENT>
                            <ENT>
                                to add the heading “
                                <E T="03">Amended permit</E>
                                ” and to describe amending a permit when any change occurs in permit information. Although the information was requested on the application, the information request does not have regulatory support. Paragraph (a)(4) would be revised and renumbered as paragraph (b)(4)(iii).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(b)(5) heading</ENT>
                            <ENT>
                                to revise the heading to read “
                                <E T="03">Contents of FFP application</E>
                                ”, rather than “
                                <E T="03">How do I obtain a Federal fisheries permit?</E>
                                ” This would provide an accurate heading for the accompanying regulatory text.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(b)(5)(ii)</ENT>
                            <ENT>to replace “owner, and the name” with “owner; and if applicable, the name” to indicate that the name of an additional person is not required if not applicable [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(b)(5)(iii)</ENT>
                            <ENT>to remove items that are no longer requested on the permit application [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(b)(5)(iv)</ENT>
                            <ENT>to remove “Indicate requested/elected area(s) of operation. If a catcher/processor and/or a catcher vessel, the gear types used for groundfish fishing. If a mothership or catcher/processor operating in the GOA, choose inshore or offshore component.” and add in its place “If catcher/processor or catcher vessel, indicate only the gear types used for groundfish fishing. If the vessel is a catcher/processor under 125 ft (18.3 m) LOA that is intended to process GOA inshore pollock or GOA inshore Pacific cod, mark the box for a GOA inshore processing endorsement.” This revision would state which vessels have the choice of having GOA pollock and cod harvest accrued to either the inshore or offshore allocation component.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(b)(5)(vi)(C)</ENT>
                            <ENT>to formalize a permit application process and eliminate errors and confusion when no process is provided. This would require that species endorsements be changed or removed by submitting an FFP application.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(d)(1)(i), (d)(2)(i), (d)(3)(i), (d)(3)(iv), and (e)(2)</ENT>
                            <ENT>to add surrender of a permit to the events that would interrupt a normal issuance permit cycle by removing “suspended, or modified” and adding in its place “suspended, surrendered under paragraph (a)(9) of this section, or modified” [found in REMOVE/ADD Table]. “Surrender” must be added to this provision because it would, as does a permit suspension or modification, require holders to submit new applications should they desire to hold the permit once again.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(f) heading</ENT>
                            <ENT>to add the abbreviation “FPP” after the title, because this abbreviation is used frequently in the text and should be defined.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(f)(2)</ENT>
                            <ENT>
                                to revise heading to read “
                                <E T="03">Contents of FPP application</E>
                                ” rather than “
                                <E T="03">How do I obtain a Federal processor permit?</E>
                                ” This revision would create an accurate heading. This revision would also replace “Federal processor permit” with “FPP” and “stationary floating processor” with “SFP” wherever they appear in order to save space.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(f)(2)(i)</ENT>
                            <ENT>
                                to revise heading to read “
                                <E T="03">New or amended permit</E>
                                ” rather than “
                                <E T="03">Permit application information</E>
                                ”.  The revision would also require applicant indication of whether application is for a shoreside processor or an SFP.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(f)(2)(ii)</ENT>
                            <ENT>to replace “owner, and the name” with “owner; and if applicable, the name” to indicate that the name of an additional person is not required if not applicable [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(f)(2)(iii)</ENT>
                            <ENT>
                                to revise heading to read “
                                <E T="03">SFP information</E>
                                ” rather than “
                                <E T="03">Stationary floating processor information</E>
                                ”; remove “and whether this vessel will be used as a stationary floating processor”, because it is redundant with the heading “
                                <E T="03">SFP.</E>
                                ” Add “whether choosing to receive a GOA inshore processing endorsement. A GOA inshore processing endorsement is required in order to process GOA inshore pollock and GOA inshore Pacific cod”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <PRTPAGE P="35752"/>
                            <ENT I="22">(f)(2)(iv)</ENT>
                            <ENT>to simplify the text. The order of the data elements in this paragraph would be re-arranged to match the order on the application. The phrase “processing businesses” would be used instead of “processors.” The word “permanent” would be added before “business address.” The word “facility” would be replaced by “plant”.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(f)(2)(v)</ENT>
                            <ENT>to shorten the regulatory text by removing “stationary floating processor” and by adding in its place “SFP”.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(f)(4)(i)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Length of permit effectiveness</E>
                                ”; to remove “in effect from the date of issuance through the end of the current NMFS 3-year cycle” and replace it with “in effect for three years from the effective date through the date of permit expiration”; and remove “suspended, or modified” and by adding in its place “suspended, surrendered under paragraph (a)(9) of this section, or modified.”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(f)(4)(ii)</ENT>
                            <ENT>
                                to formalize the surrender process to: add the heading “
                                <E T="03">Surrendered permit</E>
                                ”; state that an owner or agent may surrender the permit, and where to send it. In addition, it would revise the requirement to send the returned permit by some method, such as certified mail, that provides evidence that NMFS received the permit. Also, this would replace “Federal processor permit” with the abbreviation “FPP”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(f)(4)(iii)</ENT>
                            <ENT>
                                to add the heading “
                                <E T="03">Amended permit</E>
                                ” and to describe amending a permit when any change occurs in permit information. Although the information was requested on the application, the information request does not have regulatory support. This paragraph would be derived from information originally found at paragraph (a)(4).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(k) heading</ENT>
                            <ENT>to add the abbreviation “LLP” after the words “license limitation” [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">(k)(5)(iv)</ENT>
                            <ENT>to correct the time designation for the LLP qualifying fishing history by removing “Pacific time” and adding in its place “Alaska local time” [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">(l)(1)(iv)</ENT>
                            <ENT>to add a procedure for making changes in vessel ownership information on certain permits. Although American Fisheries Act (AFA) vessel and processor permits are no longer available, vessel and processor ownership can change. Thus, information on existing permits must reflect the change. This revision would remove paragraphs (l)(1)(iv)(A) and (B) and replace that text with a process which allows the participant to submit a letter notifying NMFS of any changes in vessel ownership.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <HD SOURCE="HD2">Paper Logbooks and Forms</HD>
                    <P>NMFS' R&amp;R regulations require participants in groundfish fisheries to record daily fisheries harvest and processing activities in one of six different groundfish logbooks. Processors also complete a weekly production report (WPR) summarizing the logbook entries. The R&amp;R system also requires groundfish discards and prohibited species to be recorded and reported. Logbooks with two unique formats are available for three types of harvesters (longline gear, pot gear, and trawl gear) and three types of processors (catcher/processor, mothership, and shoreside processor). To minimize the recordkeeping costs associated with fishery management requirements, the logbooks are designed to provide a convenient method to enter information that serves the fishing industry business needs and NMFS data collection requirements. Vessels under 60 ft (18.3 m) length overall (LOA) are not required to maintain logbooks. The R&amp;R system of logbooks and forms allows fish tracking from harvest, through processing, to fish product transfer.</P>
                    <P>This action would remove the term “combined groundfish/IFQ logbook” from the regulations. To explain historically, this term came into being when NMFS Alaska Region and IPHC collaborated to combine the data elements of four separate logbooks (2 for NMFS, 2 for IPHC) into two logbooks (catcher vessel longline and pot gear DFL and catcher/processor longline and pot gear DCPL). Now that crab pot gear fishermen use this same logbook to record crab harvest in CR fisheries starting in 2005, logbook titles are more appropriately referred to by type of gear.</P>
                    <P>NMFS proposes to remove § 679.5(a), which presents R&amp;R requirements by topic, and instead to codify all logbook recordkeeping requirements in four separate, complete sections. All of the material currently found at § 679.5(a)(1) through (a)(14) would be removed and redistributed to the new logbook sections at § 679.5(c). Most of the proposed revisions are technical.</P>
                    <P>This action proposes to reorganize § 679.5 so that each of the six groundfish logbooks is described separately, completely, and clearly (see Tables 6 through 9 for further explanation). Several forms also would be reorganized in this rule. Table 3 summarizes the changes for § 679.5 that address general responsibilities in paragraph (a) and certain technical revisions to paragraphs (b), (g), (h), (i), (l), (m), (n), and (p).</P>
                    <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="s30L,xl30L,xl140L">
                        <TTITLE>Table 3. Section 679.5 [except paragraphs (c), (d), (e), and (f)]—Recordkeeping and Reporting.</TTITLE>
                        <BOXHD>
                            <CHED H="1">Paragraph under § 679.5</CHED>
                            <CHED H="1">Derived from § 679.5 unless specified otherwise</CHED>
                            <CHED H="1">Reason for change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)</ENT>
                            <ENT> </ENT>
                            <ENT>removed, information would be integrated into paragraph (c).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                added to read “
                                <E T="03">General requirements</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(1) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                added to read “
                                <E T="03">Logbooks and forms</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35753"/>
                            <ENT I="22">(a)(1)(i) and (a)(1)(ii)</ENT>
                            <ENT>(a)(3)(i)</ENT>
                            <ENT>to add information describing electronic access and submittal of forms, to provide the address for the NMFS Alaska Region website from which forms may be downloaded, and to require submitters to use the most current forms and logbooks.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(1)(iii)</ENT>
                            <ENT>(a)(7)(xv)</ENT>
                            <ENT>to provide a reference paragraph with a table that describes management programs. Other paragraphs in the regulatory text would refer to this table rather than duplicate the information. Also, the AFA Program and IFQ Program would be removed from this paragraph and table because these programs are recorded through different means in the logbooks and forms. In addition, “Open Access (OA)” would be added as a program used in eLandings only.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(2)(i)</ENT>
                            <ENT> </ENT>
                            <ENT>to add “SFP” after “shoreside processor” in two places. This would correct an inadvertent omission in the regulations.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(2)(ii)</ENT>
                            <ENT> </ENT>
                            <ENT>to replace “stationary floating processor” with “SFP” to save space and to correct the cross reference.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(3)</ENT>
                            <ENT>(a)(1)(ii)(A) through (a)(1)(ii)(C)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Fish to be recorded and reported</E>
                                ” and to remove duplication among the paragraphs. This paragraph would describe the fish that are required to be recorded and reported.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(4) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Exemptions</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(4)(i)</ENT>
                            <ENT>(a)(1)(iii)(A)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Catcher vessels less than 60 ft (18.3 m) LOA</E>
                                ”, to change the wording from passive to active voice, and to provide R&amp;R compliance exemption to the owner or operator rather than to the vessel.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(4)(ii) heading</ENT>
                            <ENT>(a)(1)(iii)(B)</ENT>
                            <ENT>
                                to read “
                                <E T="03">Catcher vessels that take groundfish in crab pot gear for use as crab bait on that vessel</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(4)(ii)(A)</ENT>
                            <ENT>
                                (a)(1)(iii)(B)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to change “open crab season” to read “when crab is open anywhere or in the same areas as open crab season” to better describe the conditions. This change also would show that owners or operators of these crab vessels are exempt from all R&amp;R requirements in § 679.5, not just paragraphs (a) through (j).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(4)(ii)(B)</ENT>
                            <ENT>
                                (a)(1)(iii)(B)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>
                                to improve reader comprehension by placing this sentence “This exemption does not apply to fishermen who:” as an introductory paragraph for paragraphs (a)(4)(ii)(B)(
                                <E T="03">1</E>
                                ) and (
                                <E T="03">2</E>
                                ).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (a)(4)(ii)(B)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>
                                (a)(1)(iii)(B)(
                                <E T="03">1</E>
                                )(
                                <E T="03">i</E>
                                )
                            </ENT>
                            <ENT>redesignation</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (a)(4)(ii)(B)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>
                                (a)(1)(iii)(B)(
                                <E T="03">1</E>
                                )(
                                <E T="03">ii</E>
                                )
                            </ENT>
                            <ENT>redesignation</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(4)(ii)(C)</ENT>
                            <ENT>
                                (a)(1)(iii)(B)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>redesignation</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(5) heading</ENT>
                            <ENT>(a)(13)</ENT>
                            <ENT>
                                to read “
                                <E T="03">Inspection and retention of records.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(5)(i)</ENT>
                            <ENT>(a)(13)(i)</ENT>
                            <ENT>to provide information on inspection and retention that applies to all forms and logsheets. Further, this paragraph would be simplified by using the terms “operator or manager” and by referring to Table 9 to part 679, which provides a list of all R&amp;R forms and logbooks, instead of listing those documents in this paragraph.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(5)(ii)</ENT>
                            <ENT>(a)(13)(ii) introductory text</ENT>
                            <ENT>to remove “logbooks and forms” and substitute “for all R&amp;R documentation listed in Table 9 to this part”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(5)(ii)(A)</ENT>
                            <ENT>(a)(13)(ii)(A)</ENT>
                            <ENT>to amend text by removing “On site at the shoreside facility” and substituting “Retain on site at the shoreside processor or SFP.” This would add a verb to the sentence and would use defined terms instead of “shoreside facility.” It would further be revised by removing “recorded in the logbooks and forms” and substituting “recorded in the R&amp;R documentation listed in Table 9 to this part.” This change would reference all of the forms and logbooks, which all have the same retention requirements.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(5)(ii)(B)</ENT>
                            <ENT>(a)(13)(ii)(B)</ENT>
                            <ENT>to remove “them” and substitute  “R&amp;R documentation listed in Table 9 to this part.”</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)(6)</ENT>
                            <ENT>(a)(6) introductory text, (a)(6)(i)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Maintenance of records</E>
                                ” and to remove “all records, reports, and logbooks” and substitute “all R&amp;R documentation listed in Table 9 to this part”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(b)</ENT>
                            <ENT>(b)(1) and (b)(2)</ENT>
                            <ENT>to amend the text by removing paragraph (b)(2) and redesignating paragraph (b)(1) as paragraph (b) introductory text and by removing “paragraph (a)(2)” and adding in its place “paragraphs (a)(1) through (a)(6)”. Paragraph (b)(2) listed the information necessary to describe an authorized representative. This text would be removed, because each form and logbook would separately list the same or similar information.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35754"/>
                            <ENT I="22">(g)(1) introductory text</ENT>
                            <ENT> </ENT>
                            <ENT>to correct the cross references and indicate the source tables for species codes.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(g)(1)(i) heading</ENT>
                            <ENT> </ENT>
                            <ENT>
                                to read “
                                <E T="03">Groundfish and donated prohibited species</E>
                                ” [found in REMOVE/ADD table].
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(h)(1)</ENT>
                            <ENT>(h)(1) introductory text</ENT>
                            <ENT>
                                to revise heading to read “
                                <E T="03">Requirement</E>
                                ” and to remove “Telex” from the regulatory text because NMFS no longer accepts this media; by removing “electronic file” and adding in its place the e-mail address; and removing “within the appropriate time limits”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(h)(2)</ENT>
                            <ENT>(h)(1)(iii)</ENT>
                            <ENT>redesignated</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(h)(3)</ENT>
                            <ENT>(h)(2)</ENT>
                            <ENT>redesignated</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(h)(4)</ENT>
                            <ENT>(h)(1)(i) and (h)(1)(ii)</ENT>
                            <ENT>
                                to revise heading to read “
                                <E T="03">Time limits and submittal</E>
                                ”, to add “and a check-out report”, and to place requirements for check-in reports and check-out reports in one in-text table. This would remove duplication and correct errors, for example, by removing “MS, SS, SFP” and adding in its place “MS” because SS and SFP do not have the same R&amp;R requirements as MS.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(h)(5)</ENT>
                            <ENT>(h)(3)</ENT>
                            <ENT>to add “and check-out report, as appropriate.” and to add an in-text table to include all of the requirements formerly described in paragraph (h)(3). In addition, several variables would be codified for check-out reports that appear on the form.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i)(1) heading</ENT>
                            <ENT> </ENT>
                            <ENT>
                                to revise heading to read “
                                <E T="03">Responsibility</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i)(1)(i)</ENT>
                            <ENT> </ENT>
                            <ENT>to revise the cross references from paragraph (i)(1)(iii) to read (i)(1)(ii) and change paragraph (h)(2) to read paragraph (h)(1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i)(1)(ii)</ENT>
                            <ENT> </ENT>
                            <ENT>to remove this paragraph which duplicates paragraph (i)(3)(i).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">new (i)(1)(ii)</ENT>
                            <ENT>(i)(1)(iii)</ENT>
                            <ENT>to redesignate this paragraph and change exemption reference from “SPELR” to “eLandings”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i)(2)</ENT>
                            <ENT> </ENT>
                            <ENT>to add fax number and email address.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i)(3)</ENT>
                            <ENT>(i)(3)(i) through (i)(3)(vi)</ENT>
                            <ENT>to create an in-text table to list the conditions under which a separate WPR is submitted by a C/P, MS, SS, or SFP.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i)(4) introductory text</ENT>
                            <ENT> </ENT>
                            <ENT>to revise this instruction into a complete sentence</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i)(4)(i) through (i)(4)(xv)</ENT>
                            <ENT>(i)(4)(i) through (i)(4)(xii)</ENT>
                            <ENT>to create an in-text table showing all WPR requirements for mothership, catcher/ processor, shoreside processor, and SFP.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(j)</ENT>
                            <ENT> </ENT>
                            <ENT>to remove this paragraph and requirement because daily production reports would be replaced by eLandings.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(l)(1)(iv)</ENT>
                            <ENT> </ENT>
                            <ENT>to revise the description of the IFQ Prior Notice of Landing exemption language for 1) salmon harvested using hand troll gear or power gurdy troll gear and 2) lingcod harvested using dinglebar gear.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(l)(2)</ENT>
                            <ENT> </ENT>
                            <ENT>to remove this paragraph because the procedure for data entry of the IFQ landing report would be replaced by eLandings.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(l)(2) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">IFQ landing</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(l)(2)(i)</ENT>
                            <ENT>(l)(2)(i)(D)</ENT>
                            <ENT>to update the cross reference.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(l)(2)(ii)</ENT>
                            <ENT>(l)(2)(i)(E)</ENT>
                            <ENT>
                                to change the heading to read “
                                <E T="03">No movement.</E>
                                ” to indicate that the landing report must be completed through eLandings or other NMFS-approved software prior to halibut being moved from the landing site, and to update the cross reference.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(l)(2)(iii) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Single offload site</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(l)(2)(iii)(A)</ENT>
                            <ENT>(l)(2)(i)(B)</ENT>
                            <ENT>
                                to revise heading to read “
                                <E T="03">IFQ halibut and CDQ halibut</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(l)(2)(iii)(B)</ENT>
                            <ENT>(l)(2)(i)(C)</ENT>
                            <ENT>
                                to revise heading to read “
                                <E T="03">IFQ sablefish</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(m)</ENT>
                            <ENT> </ENT>
                            <ENT>to remove and reserve this paragraph, because eLandings would replace the requirement for paper fish tickets onboard the mothership.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(n)(1)(i)</ENT>
                            <ENT> </ENT>
                            <ENT>to update the text to show that a different data entry system is in use by removing reference to SPELR and replacing it with eLandings [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">(p)(2)</ENT>
                            <ENT> </ENT>
                            <ENT>to standardize reference to ADF&amp;G [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="35755"/>
                            <ENT I="22">(r)(3)</ENT>
                            <ENT> </ENT>
                            <ENT>to update the heading and text to show that a different data entry system is in use by removing reference to SPELR and replacing it with eLandings  [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                    </GPOTABLE>
                    <HD SOURCE="HD2">Logbook General Information</HD>
                    <P>The current § 679.5(c) would be removed and replaced entirely. This section would provide introductory information and descriptions for four different formats for reporting logbook data: DFL, DCPL, ELB, and eLandings. Most of the proposed revisions are technical and pertain to reorganization of the regulations. The reorganization of § 679.5 (R&amp;R) would improve efficiency for the use of the regulations.</P>
                    <P>General requirements that affect all logbooks would be relocated to § 679.5(c)(1). One general logbook requirement proposed for revision is the “active” or “inactive” entry. Each groundfish fishery participant currently must account for each day of the calendar year in the logbook by coding the time periods as active or inactive. The procedure for recording inactive time periods is the same for all logbooks and would be described at paragraph (c)(2). Each logbook described at paragraphs (c)(3) through (c)(6) would have a paragraph referring back to paragraph (c)(2). The procedure for recording active time periods would be presented separately in each logbook section. The reference to fishing activity would be removed, as this term no longer is appropriate.</P>
                    <P>Regulations for catcher vessel DFLs and catcher/processor DCPLs for longline or pot gear, currently found at § 679.5(c)(1), would appear at § 679.5(c)(3). Regulations for catcher vessel DFLs and catcher/processor DCPLs for trawl gear, currently found at § 679.5(c)(2), would appear as a new paragraph at § 679.5(c)(4). Regulations for shoreside processor DCPLs, used by shoreside processors and SFPs, would appear as a new paragraph at § 679.5(c)(5). And, regulations for mothership DCPLs would appear as a new paragraph at § 679.5(c)(6). Each new or revised paragraph would contain complete information for a particular logsheet. In addition, NMFS would standardize data elements within each logbook type, so that similar information is found in the same location of each section. Table 4 summarizes these changes.</P>
                    <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="s30L,xl30L,xl140L">
                        <TTITLE>Table 4. New § 679.5(c) and (c)(1)—Logbook General Information</TTITLE>
                        <BOXHD>
                            <CHED H="1">Paragraph under § 679.5(c)(1)</CHED>
                            <CHED H="1">Derived from § 679.5 unless specified otherwise</CHED>
                            <CHED H="1">Reason for change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(c)</ENT>
                            <ENT> </ENT>
                            <ENT>existing paragraph (c) would be removed.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(c) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Logbooks vs eLandings and ELBs</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(1) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Requirements</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                added to read “
                                <E T="03">Shoreside processor or SFP</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i)(A)</ENT>
                            <ENT>(a)(2)(i)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Shoreside processor daily cumulative production logbook (DCPL)</E>
                                ” and to describe the DCPL use requirement.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i)(B)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">eLandings</E>
                                ” and to describe the requirement to use eLandings to daily report groundfish received, fish ticket number, production, discard or disposition information, catcher vessel and buying station groundfish delivery information.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Mothership</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(A)</ENT>
                            <ENT>(a)(2)(i)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Mothership DCPL</E>
                                ” and to describe the DCPL use requirement.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(B)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Mothership ELB</E>
                                ” and to describe the ELB use requirement and need to export files to eLandings.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(C)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">eLandings (Effective until January 1, 2008)</E>
                                ” and to describe the mothership requirement to use eLandings to report groundfish received, fish ticket number, production, and discard or disposition information weekly or daily but must use the DCPL to record catcher vessel and buying station groundfish delivery information.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(C)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">eLandings (Effective January 1, 2008)</E>
                                ” and to describe the mothership requirement to use eLandings to report groundfish received, fish ticket number, production, and discard or disposition information daily but must use the DCPL to record catcher vessel and buying station groundfish delivery information.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iii) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Catcher/processor</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iii)(A)</ENT>
                            <ENT>(a)(2)(i)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Catcher/processor longline or pot gear DCPL and catcher/processor trawl gear DCPL</E>
                                ” and to describe that the current DCPL must be used.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35756"/>
                            <ENT I="22">(iii)(B)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Catcher/processor ELB</E>
                                ” and to describe the requirement to use ELB and to export files to eLandings.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iii)(C)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">eLandings (Effective until January 1, 2008)</E>
                                ” and to describe the catcher/processor requirement to use eLandings to report groundfish received, fish ticket number, production, and discard or disposition information weekly or daily but must use the DCPL to record catcher vessel and buying station groundfish delivery information.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iii)(C)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">eLandings (Effective January 1, 2008)</E>
                                ” and to describe the catcher/processor requirement to use eLandings to report groundfish received, fish ticket number, production, and discard or disposition information daily but must use the DCPL to record catcher vessel and buying station groundfish delivery information.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Catcher vessel</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(A)</ENT>
                            <ENT>(a)(2)(i)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Catcher vessel longline or pot gear and catcher vessel trawl gear DFL</E>
                                ” and describe the requirement to use the DFL.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(B)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Catcher vessel longline or pot gear and catcher vessel trawl gear ELB</E>
                                ” and describe the requirement to use the ELB to export files to eLandings.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Registered Buyer</E>
                                ” and describe the requirement for a Registered Buyer to use eLandings or other NMFS-approved software to report IFQ halibut, IFQ sablefish, or CDQ halibut.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Registered Crab Receiver (RCR)</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(A) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">IFQ crab</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (vi)(A)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>§ 680.5(d)(3)</ENT>
                            <ENT>to describe the requirement for an RCR to use eLandings to report IFQ crab landings.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (vi)(A)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>§ 680.5(d)(2)(ii)</ENT>
                            <ENT>to describe the requirement for an RCR aboard a catcher/processor to use eLandings to report IFQ crab landings by e-mail attachment.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii)</ENT>
                            <ENT>
                                (a)(6)(iii)(E)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>
                                to revise heading to read “
                                <E T="03">Two vessel logbooks of same gear type</E>
                                ”, add “onboard a vessel” after “fishing year”, and add that the operator is responsible for this activity.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)</ENT>
                            <ENT>
                                (a)(6)(iii)(E)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Two vessel logbooks of different gear types</E>
                                ” and provide pagination instructions for vessel logbooks.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ix)</ENT>
                            <ENT>
                                (a)(6)(iii)(E)(
                                <E T="03">3</E>
                                )
                            </ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Two vessel logbooks for pair trawl</E>
                                ”, correct the text to show that catcher/ processors also could do pair trawling, and state the need for logbook pagination. In addition, this action would be reworded in active voice.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(x)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Two logbooks of different operation</E>
                                ”, and describe use of logbooks when a vessel performs two different functions in a fishing year - as a mothership and as a catcher/processor.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(xi) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Alteration of logbook information.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(xi)(A) and (B)</ENT>
                            <ENT>(a)(12)(i)</ENT>
                            <ENT>to describe the procedure for revising an entry in a logbook. This action would add “Except as described in paragraphs (c)(1)(xi)(B)and (C) of this section,” to show that exceptions to this regulation exist. This action further would remove “except that” to simplify the paragraph.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(xi)(C)</ENT>
                            <ENT>new</ENT>
                            <ENT>to describe the procedure for correcting an error in a logbook that was found after a time period had passed. This paragraph would state that, rather than redo all of the entries after an error, to add a note in the logbook that an error occurred and correct the error using new blank logsheets.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(xii) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                added to read “
                                <E T="03">Logsheet distribution and submittal.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(xii)(A)</ENT>
                            <ENT>(a)(12)(ii)</ENT>
                            <ENT>to re-write text to clearly state that only an authorized officer may remove the original white logsheet.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">(xii)(B)</ENT>
                            <ENT>(a)(14)(ii) and (a)(14)(iii)</ENT>
                            <ENT>to combine logbook copy set information with logsheet distribution information in the same in-text table. This would save space and would present a simpler array of information.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <PRTPAGE P="35757"/>
                    <HD SOURCE="HD2">Recording Inactive Time Periods in the DFL or DCPL</HD>
                    <P>The current § 679.5(c)(2) would be completely removed and replaced. The term “fishing activity” would be removed from the regulations at 50 CFR part 679. “Fishing activity” was a term introduced with the creation of the paper logbooks in 1989-90. The term defined the participant's conduct, described as harvest, discard, receipt, process, and delivery. NMFS has determined that this term is unnecessary, because the requirement for reporting “active” or “inactive” time periods provides NMFS with sufficient information regarding the participant's fishing activities. Different fields within the logbook are completed depending on whether the vessel or processor is active or inactive. Table 5 summarizes the changes describing inactive time periods.</P>
                    <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="s30L,xl30L,xl140L">
                        <TTITLE>
                            Table 5. New § 679.5(
                            <E T="01">c</E>
                            )(2)—Recording Inactive Time Periods in the DFL or DCPL
                        </TTITLE>
                        <BOXHD>
                            <CHED H="1">Paragraph under § 679.5(c)(2)</CHED>
                            <CHED H="1">Derived from § 679.5 unless specified otherwise</CHED>
                            <CHED H="1">Reason for change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(c)(2)</ENT>
                            <ENT> </ENT>
                            <ENT>existing paragraph (c)(2) would be removed and redesignated as paragraph (c)(4).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(c)(2) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Recording active and inactive time periods in the DFL or DCPL.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i)</ENT>
                            <ENT>(a)(6)(ii)</ENT>
                            <ENT>
                                to add a heading “
                                <E T="03">Account for each day of the fishing year</E>
                                ”, explain that operator must document each day of the calendar year (fishing year), and indicate whether the vessel or processor was active or inactive during that day. The inactive box must be checked in the logbook if vessel or processor is inactive. This action would restructure the first sentence.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)</ENT>
                            <ENT>(a)(6)(ii)</ENT>
                            <ENT>
                                to add a heading “
                                <E T="03">Record January 1 on page 1</E>
                                ”, and describe the requirements to record the first day of the fishing year, (January 1) on the first page of the logbook, even if not fishing or processing.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iii) introductory text</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Required information for inactive time periods</E>
                                ” and to state the general requirement that an operator or manager must record inactive information.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iii)(A)</ENT>
                            <ENT>(a)(5)(i) and (a)(5)(ii)</ENT>
                            <ENT>to describe requirements for a catcher vessel; to add “Federal crab vessel permit number” because crab operators also use the longline or pot gear DFL; and to add “page number” as an essential item of information.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iii)(B)</ENT>
                            <ENT>(a)(5)(i) and (a)(5)(iii)</ENT>
                            <ENT>to describe requirements for a shoreside processor or SFP; to revise the paragraph to add “on Part I of the logsheet” because Part II logsheets are not completed when inactive; to add “page number” as an essential item of information.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iii)(C)</ENT>
                            <ENT>(a)(5)(i) and (a)(5)(iv)</ENT>
                            <ENT>to describe requirements for a mothership or catcher/processor; to add “page number” as an essential item of information.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iii)(D)</ENT>
                            <ENT>
                                (a)(7)(iii)(B)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>redesignated</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iii)(E)</ENT>
                            <ENT>
                                (a)(7)(iii)(B)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>redesignated</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iii)(F)</ENT>
                            <ENT>
                                (a)(6)(ii)(A) through (a)(6)(ii)(C) and (a)(7)(ii)(B)(
                                <E T="03">3</E>
                                )
                            </ENT>
                            <ENT>to add “e.g., bad weather or equipment” as an example of requested information.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iii)(G)</ENT>
                            <ENT>
                                (a)(7)(iii)(B)(
                                <E T="03">4</E>
                                )
                            </ENT>
                            <ENT>redesignated</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">(iv)</ENT>
                            <ENT>(a)(7)(iii)(C)</ENT>
                            <ENT>redesignated</ENT>
                        </ROW>
                    </GPOTABLE>
                    <HD SOURCE="HD2">Longline and Pot Gear DFL and DCPL</HD>
                    <P>The current regulations at § 679.5(c)(1) describe R&amp;R requirements for maintaining the longline and pot gear logbook. The proposed action would expand this section and redesignate it from § 679.5(c)(1) to (c)(3). Most of the proposed measures are technical and would pertain to reorganization. The existing § 679.5(c)(3) would be completely removed and replaced. Table 6 summarizes these changes.</P>
                    <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="s30L,xl30L,xl140L">
                        <TTITLE>
                            Table 6. New § 679.5(
                            <E T="01">c</E>
                            )(3) — Longline and Pot Gear DFL and DCPL
                        </TTITLE>
                        <BOXHD>
                            <CHED H="1">Paragraph under § 679.5(c)(3)</CHED>
                            <CHED H="1">Derived from § 679.5 unless specified otherwise</CHED>
                            <CHED H="1">Reason for change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(c)(3) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Longline and pot gear catcher vessel DFL and catcher/processor DCPL.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Responsibility.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i)(A) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Groundfish fisheries.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35758"/>
                            <ENT I="22">
                                (i)(A)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>
                                (c)(1)(i)(A)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to add that operators of vessels 60 ft (18.3 m) or more LOA and that is required to have an FFP are required to complete a logbook.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (i)(A)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>
                                (c)(1)(i)(A)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>redesignated</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i)(B) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">IFQ halibut, CDQ halibut, and IFQ sablefish fisheries.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (i)(B)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>
                                (c)(1)(i)(B)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to remove “longline” and replace with “fixed gear (NMFS), setline (IPHC) or pot gear”, because these are the correct gear terms used for that fishery; the term “longline” is a term used for groundfish. This regulation pertains to vessels 60 ft (18.3 m) or greater LOA.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (i)(B)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>
                                (c)(1)(i)(B)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>redesignated</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i)(C) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">CR crab fisheries.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (i)(C)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>
                                (c)(1)(i)(C)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to remove “catcher vessel” and substitute “catcher vessel 60 ft (18.3 m) or greater LOA” to state that vessels less than 60 ft (18.3 m) LOA are not required to complete a logbook.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (i)(C)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>
                                (c)(1)(i)(C)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>redesignated</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii) heading</ENT>
                            <ENT>(a)(14)(iv)</ENT>
                            <ENT>
                                to read “
                                <E T="03">Data entry time limits</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(A)</ENT>
                            <ENT>
                                (c)(1)(ii)(H)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe the data elements that must be recorded in the DFL or DCPL within 2 hours after completion of gear retrieval. In addition, the data element “hail weight” would replace “haul weight”. This would correct an inadvertent error wherein “haul weight” was placed into regulations (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(B)</ENT>
                            <ENT>
                                (a)(10)(vii)(B) and (a)(14)(iv)(C)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe the time limit for recording discard and disposition information in the DFL or DCPL (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(C)</ENT>
                            <ENT>
                                (a)(14)(iv)(C)(
                                <E T="03">3</E>
                                )
                            </ENT>
                            <ENT>to describe the time limit to submit the goldenrod logsheet in the DFL or DCPL to the observer (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(D)</ENT>
                            <ENT>
                                (a)(14)(iv)(A), (a)(14)(iv)(B)(
                                <E T="03">3</E>
                                ) and (a)(14)(iv)(C)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>if on a catcher vessel, to describe the time limit for the operator to submit the blue DFL to the processor, to record all other required information, and to sign the completed logsheet in the DFL (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(E)</ENT>
                            <ENT>
                                (a)(14)(iv)(C)(
                                <E T="03">2</E>
                                ), (a)(14)(iv)(D)(
                                <E T="03">1</E>
                                ) and (a)(14)(iv)(D)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>if on a catcher/processor, to describe the time limit for the operator to record product information, record all other required information, and sign the completed logsheet in the DCPL (see footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iii)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add a heading “
                                <E T="03">Required information, if inactive</E>
                                ”, and add a cross reference to paragraph (c)(2) instead of duplicating that material.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Required information, if active</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(A) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Catcher vessel</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (iv)(A)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>(a)(7)(i)(A)</ENT>
                            <ENT>to describe an “active” catcher vessel using longline or pot gear.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (iv)(A)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>(a)(7)(iii)(A)</ENT>
                            <ENT>to describe the data elements that must be recorded in the longline or pot gear DFL if a catcher vessel is active.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(B) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Catcher/processor</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (iv)(B)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>(a)(7)(i)(D)</ENT>
                            <ENT>to describe an “active” catcher/processor using longline or pot gear.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (iv)(B)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>(a)(7)(iii)(A)</ENT>
                            <ENT>to describe the data elements that must be recorded in the longline or pot gear DCPL if a catcher/processor is active.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Identification information</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(A)</ENT>
                            <ENT>
                                (a)(6)(iii)(D)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe logbook pagination requirements; e.g., information for January 1 is recorded on page 1 regardless of whether active or inactive.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(B)</ENT>
                            <ENT>(a)(2)(iii) and (a)(5)(i)</ENT>
                            <ENT>to describe DFL and DCPL signature requirement and responsibility. This action also would remove mention of SPELR, as it does not apply in this section.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35759"/>
                            <ENT I="22">(v)(C)</ENT>
                            <ENT>(a)(5)(ii) and (c)(1)</ENT>
                            <ENT>to describe vessel identification data entry requirements. In addition “Federal crab vessel permit” because the logbook is also used by crab fishermen. Further, this would add “ADF&amp;G processor code if a catcher/ processor”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(D)</ENT>
                            <ENT>(c)(1)(ii)(D)</ENT>
                            <ENT>to describe recording of permit numbers other than the FFP and FPP, if required, when IFQ or CDQ fishing.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(E)</ENT>
                            <ENT>(a)(7)(xi) and (c)(1)(ii)(A)</ENT>
                            <ENT>to describe recording of “reporting area” for different programs in the longline and pot gear DFL or DCPL; Federal reporting area for groundfish, IPHC regulatory area for IFQ halibut, IFQ sablefish, and CDQ halibut, and no entry for CR crab.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(F)</ENT>
                            <ENT>(c)(1)(ii)(B)</ENT>
                            <ENT>redesignated</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(G)</ENT>
                            <ENT>(c)(1)(ii)(C)</ENT>
                            <ENT>to describe the data entry and recording requirements of the various “gear types”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(H)</ENT>
                            <ENT>(a)(7)(xv) and (c)(1)(ii)(F)</ENT>
                            <ENT>to describe the data entry and recording requirements of special “management programs” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(I)</ENT>
                            <ENT>(c)(1)(ii)(E)</ENT>
                            <ENT>redesignated</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi) introductory text</ENT>
                            <ENT>
                                (c)(1)(ii)(G) introductory text, and (c)(1)(ii)(G)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>
                                to add heading to read “
                                <E T="03">Catch by set information</E>
                                ” and to describe the data entry and recording requirements of catch-by-set information (see also footnote 1).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(A)</ENT>
                            <ENT>
                                (c)(1)(ii)(G)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>redesignated</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(B)</ENT>
                            <ENT>
                                (c)(1)(ii)(G)(
                                <E T="03">3</E>
                                ) and definition for “gear deployment (or to set gear) for hook-and-line gear, jig or troll gear, and pot gear”
                            </ENT>
                            <ENT>to describe the data entry and recording requirements of “gear deployment” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(C)</ENT>
                            <ENT>
                                (c)(1)(ii)(G)(
                                <E T="03">4</E>
                                ) and definition for “gear retrieval (or to haul gear) for hook-and-line gear, jig or troll gear, and pot gear”
                            </ENT>
                            <ENT>to describe the recording requirements of “gear retrieval” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(D)</ENT>
                            <ENT>
                                (c)(1)(ii)(G)(
                                <E T="03">5</E>
                                )
                            </ENT>
                            <ENT>redesignated</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(E)</ENT>
                            <ENT>
                                (c)(1)(ii)(G)(
                                <E T="03">6</E>
                                )
                            </ENT>
                            <ENT>redesignated</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(F)</ENT>
                            <ENT>(a)(7)(vi)</ENT>
                            <ENT>to describe “species codes” and to elaborate on species information contained in Tables 2a through 2d. To remove “Table 2” and substitute the titles and Tables 2a through 2d. In addition, this action would remove the vague term “federally managed groundfish.” This would rearrange the description of this requirement to fit the new paragraph format.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(G)</ENT>
                            <ENT>
                                (c)(1)(ii)(G)(
                                <E T="03">7</E>
                                )
                            </ENT>
                            <ENT>to describe “target species code” and to remove “you intend to catch” and replace with “you intended to catch this set.”</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(H)</ENT>
                            <ENT>
                                (c)(1)(ii)(G)(
                                <E T="03">8</E>
                                )
                            </ENT>
                            <ENT>to describe “estimated total hail weight” and to add the data element “hail weight” to replace “haul weight” to correct an inadvertent error wherein “haul weight” was placed into regulations. Also, this action would rearrange the description of this requirement to fit the new paragraph format.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(I)</ENT>
                            <ENT>
                                (c)(1)(ii)(G)(
                                <E T="03">9</E>
                                )
                            </ENT>
                            <ENT>to describe “IR/IU species” and to add “if applicable” to indicate that this data element is not always completed; not all operators catch IR/IU species.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(J) through (L)</ENT>
                            <ENT>
                                (c)(1)(ii)(G)(
                                <E T="03">10</E>
                                ) through (c)(1)(ii)(G)(
                                <E T="03">13</E>
                                )
                            </ENT>
                            <ENT>redesignated paragraphs</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii)</ENT>
                            <ENT>(a)(7)(ii)(C), (a)(7)(iv), and (a)(9)(i)</ENT>
                            <ENT>
                                to add a heading “
                                <E T="03">Product information, catcher/processor</E>
                                ” and to describe how to record product information (see also footnote 1).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35760"/>
                            <ENT I="22">(vii)(A)</ENT>
                            <ENT>(a)(7)(iv)(E)</ENT>
                            <ENT>to describe recording of “total daily fish product weight” or “actual scale weight” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii)(B)</ENT>
                            <ENT>
                                (a)(7)(iv)(G)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe recording of “total product balance forward” weight (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii)(C)</ENT>
                            <ENT>
                                (a)(7)(iv)(I)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe recording of “weekly cumulative total” of weights and numbers (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii)(D)</ENT>
                            <ENT>(a)(7)(iv)(B)</ENT>
                            <ENT>to describe recording of “weekly cumulative total” of weights and numbers (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii)(E)</ENT>
                            <ENT>(a)(7)(iv)(H) introductory text</ENT>
                            <ENT>to describe recording of “zero balance forward” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Retain and record discard quantities over the MRA.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)</ENT>
                            <ENT>(a)(10)(vi)</ENT>
                            <ENT>redesignated</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ix)</ENT>
                            <ENT>(a)(7)(ii)(D) and (a)(10)(iv)</ENT>
                            <ENT>
                                to add a heading “
                                <E T="03">Discard or disposition information, catcher vessel</E>
                                ” and to describe how to record “discard and disposition” information in the DFL under various scenarios (see also footnote 1).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ix)(A)</ENT>
                            <ENT>(a)(7)(iv)(F), (a)(7)(iv)(H), and (a)(10)(iv)</ENT>
                            <ENT>to describe recording of “species codes” and “product codes” for discard and disposition (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ix)(B)</ENT>
                            <ENT>
                                (a)(7)(iv)(H)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe recording of “zero balance forward” after offload or transfer of fish (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(x) introductory text</ENT>
                            <ENT>
                                (a)(7)(ii)(D)(
                                <E T="03">1</E>
                                ), (a)(7)(iv)(H)(
                                <E T="03">2</E>
                                ) (a)(7)(iv)(H)(
                                <E T="03">3</E>
                                ), and (a)(10)(ii)(A)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>
                                to add a heading “
                                <E T="03">Discard or disposition information, catcher/processor</E>
                                ” and to describe how to record discard and disposition information in the DCPL under various scenarios (see also footnote 1).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(x)(A)</ENT>
                            <ENT>
                                (a)(7)(iv)(H)(
                                <E T="03">2</E>
                                ) and (a)(10)(ii)(A)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>to describe recording of “zero balance forward” after offload or transfer of fish and to add “Nothing shall be carried forward from the previous fishing trip” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(x)(B)</ENT>
                            <ENT>(a)(7)(iv)(B), (a)(7)(iv)(F), (a)(7)(v), and (a)(10)(ii)(A)</ENT>
                            <ENT>to describe recording of catcher/processor discard or disposition information longline and pot gear logbook information requirements (see also footnote 1).</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">(xi)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Catcher vessel delivery information</E>
                                ” and to describe buying station, mothership, shoreside processor, or SFP delivery data entry requirements.
                            </ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                            The information currently listed under § 679.5(a) for multiple catcher vessel and processor requirements would be revised under a new § 679.5(c)(3) to address specifically the longline and pot gear DFL and DCPL.
                        </TNOTE>
                    </GPOTABLE>
                    <HD SOURCE="HD2">Trawl gear DFL and DCPL</HD>
                    <P>Currently, the regulations at § 679.5(c)(2) describe some of the requirements for maintaining a trawl gear logbook, and some of the requirements are found in generalized tables formerly found in § 679.5(a). The proposed action would place all of the trawl gear DFL and DCPL requirements in one section and renumber it from § 679.5(c)(2) to (c)(4). This would create a “stand-alone” trawl gear logbook section. Most of the proposed measures are technical and would pertain to the reorganization of these logbook regulations. Existing § 679.5(c)(2) would be completely removed and replaced. Table 7 summarizes these changes.</P>
                    <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="s30L,xl30L,xl140L">
                        <TTITLE>
                            Table 7. New § 679.5(
                            <E T="01">c</E>
                            )(4) — Trawl Gear Catcher Vessel DFL and Catcher/processor DCPL
                        </TTITLE>
                        <BOXHD>
                            <CHED H="1">Paragraph under § 679.5(c)(4)</CHED>
                            <CHED H="1">Derived from § 679.5 unless specified otherwise</CHED>
                            <CHED H="1">Reason for change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(c)(4) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Trawl gear catcher vessel DFL and catcher/processor DCPL.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Responsibility.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i)</ENT>
                            <ENT>(a)(1)(iii)(A)</ENT>
                            <ENT>to describe the trawl catcher and catcher/processor logbook data entry responsibilities and that vessels less than 60 ft (18.3 m) LOA are not required to complete a logbook.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35761"/>
                            <ENT I="22">(ii) introductory text</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Data entry time limits</E>
                                ” and introductory text.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(A)</ENT>
                            <ENT>
                                (a)(14)(iv)(B)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>to identify the data elements that must be recorded in the DFL or DCPL within 2 hours after completion of gear retrieval. In addition, the data element “hail weight” would be added to replace “haul weight”. This would correct an inadvertent error wherein “haul weight” was placed into regulations (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(B)</ENT>
                            <ENT>
                                (a)(14)(iv)(C)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe the time limit for recording discard and disposition information in the DFL or DCPL (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(C)</ENT>
                            <ENT>
                                (a)(14)(iv)(C)(
                                <E T="03">3</E>
                                )
                            </ENT>
                            <ENT>to describe the time limit for submitting the goldenrod logsheet in the DFL or DCPL to the observer (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(D)</ENT>
                            <ENT>
                                (a)(14)(iv)(A), (a)(14)(iv)(B)(
                                <E T="03">3</E>
                                ) and (a)(14)(iv)(C)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>if on a catcher vessel, to describe the time limit for the operator to submit the blue DFL to the processor, to record all other required information, and to sign the completed logsheet in the DFL (see also footnote 1)</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(E)</ENT>
                            <ENT>
                                (a)(14)(iv)(B)(
                                <E T="03">1</E>
                                ), (a)(14)(iv)(C)(
                                <E T="03">2</E>
                                ), and (a)(14)(iv)(D)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>if on a catcher/processor, to describe the time limit for the operator to record product information, record all other required information, and sign the completed logsheet in the DCPL (see footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iii)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add a heading “
                                <E T="03">Required information, if inactive</E>
                                ”, and add a cross reference to paragraph (c)(2) instead of duplicating that material.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Required information, if active.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(A) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Catcher vessel.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (iv)(A)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>(a)(7)(i)(A)</ENT>
                            <ENT>to state that a net or tow at fishing depth constitutes an active period for a trawl gear catcher vessel and to correct the description of active catcher vessel in current regulations (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (iv)(A)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>(a)(7)(iii)(A)</ENT>
                            <ENT>to require that the operator of an active trawl catcher vessel enter only one day's information per logsheet (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(B) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Catcher/processor.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (iv)(B)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>(a)(7)(i)(D)</ENT>
                            <ENT>to describe an active period for a trawl gear catcher/processor (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                (iv)(B)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>(a)(7)(iii)(A)</ENT>
                            <ENT>to require that the operator of an active catcher/processor using trawl gear enter one day's information per logsheet (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v) introductory text</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Identification information</E>
                                ” and introductory text.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(A) and (B)</ENT>
                            <ENT>
                                (a)(6)(iii)(D)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe “date” and “page number” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(C)</ENT>
                            <ENT>(a)(2)(iii) and (a)(5)(i)</ENT>
                            <ENT>to describe operator “printed name” and “signature” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(D)</ENT>
                            <ENT>(a)(5)(ii) and (a)(5)(iv)</ENT>
                            <ENT>to describe “vessel identification” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(E)</ENT>
                            <ENT>(a)(7)(x)(B) and (a)(7)(xi)</ENT>
                            <ENT>to describe “Federal reporting area” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(F)</ENT>
                            <ENT>(a)(7)(x)(C) and (a)(7)(xii)</ENT>
                            <ENT>to describe how to record information when fishing occurred in the COBLZ or RKCSA (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(G)</ENT>
                            <ENT>(a)(7)(xiv)</ENT>
                            <ENT>to describe “crew size” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(H)</ENT>
                            <ENT>(a)(7)(x)(D) and (c)(2)(i)</ENT>
                            <ENT>to describe “gear type” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(I)</ENT>
                            <ENT>(a)(7)(xv)</ENT>
                            <ENT>to describe special “management programs” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(J)</ENT>
                            <ENT>(a)(7)(xiii)</ENT>
                            <ENT>to describe “observer information” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi) introductory text</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Catch-by-haul information</E>
                                ,” add to introductory text, and to explain that if no catch occurred on a day, the operator would indicate “no catch” in the logbook.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35762"/>
                            <ENT I="22">(vi)(A)</ENT>
                            <ENT>(c)(2)(ii)</ENT>
                            <ENT>to describe “Haul number”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(B)</ENT>
                            <ENT>(c)(2)(iii) and definition for “gear deployment (or to set gear) for trawl gear”</ENT>
                            <ENT>to describe the recording of “gear deployment” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(C)</ENT>
                            <ENT>(c)(2)(iv) and definition for “gear retrieval (or to haul gear) for trawl gear”</ENT>
                            <ENT>to describe the recording of “gear retrieval” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(D)</ENT>
                            <ENT>(c)(2)(v)</ENT>
                            <ENT>to describe “average sea depth” and “average gear depth” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(E)</ENT>
                            <ENT>(a)(7)(vi)</ENT>
                            <ENT>to describe “species codes” and to elaborate on species information contained in Tables 2a through 2d. To remove “Table 2” and substitute the titles and Tables 2a through 2d. In addition, this action would remove the vague term “federally managed groundfish.” This would rearrange the description of this requirement to fit the new paragraph format.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(F)</ENT>
                            <ENT>(c)(2)(vi)</ENT>
                            <ENT>to describe “target species code” and remove “you intend to catch” and replace with “you intended to catch this haul.”</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(G)</ENT>
                            <ENT>
                                (a)(7)(iv)(C)(
                                <E T="03">3</E>
                                ) and (c)(2)(vii)
                            </ENT>
                            <ENT>to describe “IR/IU species” and to add “if applicable” after “for each IR/IU species” to indicate that this data element is not always completed; not all operators catch IR/IU species (see footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(H)</ENT>
                            <ENT>
                                (a)(7)(iv)(A) and (a)(7)(iv)(C)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>to describe “total estimated hail weight” and add “hail weight” in place of “haul weight”. This would correct an inadvertent error wherein “haul weight” was placed into regulations.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii) introductory text</ENT>
                            <ENT>(a)(7)(ii)(C), (a)(9)(i) and (a)(9)(i)(A)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Product information, catcher/processor</E>
                                ” and to describe recording of “groundfish product information” (see also footnote 1).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii)(A)</ENT>
                            <ENT>(a)(7(iv)(E)</ENT>
                            <ENT>to describe recording of “daily product weight” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii)(B)</ENT>
                            <ENT>
                                (a)(7)(iv)(G)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe recording of “balance forward weight” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii)(C)</ENT>
                            <ENT>
                                (a)(7)(iv)(I)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe recording of “weekly cumulative total weight” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii)(D)</ENT>
                            <ENT>(a)(7)(iv)(B)</ENT>
                            <ENT>to describe summarizing “weekly cumulative totals” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii)(E)</ENT>
                            <ENT>
                                (a)(7)(iv)(H)(
                                <E T="03">2</E>
                                ) and (
                                <E T="03">3</E>
                                )
                            </ENT>
                            <ENT>to describe recording of “zero balance forward” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii) introductory text and (c)(4)(viii)(A)</ENT>
                            <ENT>
                                (a)(7)(ii)(D)(
                                <E T="03">1</E>
                                ), (a)(10)(iv), (a)(10)(v), and (a)(11)(iv)
                            </ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Discard or disposition information, catcher vessel</E>
                                ” and to add introductory text. In addition, this would remove a discard or disposition exemption, formerly found at paragraph (a)(10)(v) that exempted completion of the blue DFL if an operator indicated it had an “unsorted” codend.
                                <LI> </LI>
                                <LI>OLE indicated that over the years, experience has shown that discards always occur, whether receiving a sorted or unsorted codend. When the final rule becomes effective, the DFL format would be changed to remove the delivery information block and the terms, “presorted” and “unsorted”. The blue DFL would always be submitted (see also footnote 1).</LI>
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)(B)</ENT>
                            <ENT>
                                (a)(7)(iv)(F)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe “discard weight” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)(C)</ENT>
                            <ENT>
                                (a)(7)(iv)(F)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>to describe “PSC discard numbers” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)(D)</ENT>
                            <ENT>
                                (a)(7)(iv)(I)(
                                <E T="03">3</E>
                                )
                            </ENT>
                            <ENT>to describe “discard cumulative total” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)(E)</ENT>
                            <ENT>
                                (a)(7)(iv)(H)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe “discard zero balance forward” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ix) introductory text</ENT>
                            <ENT>
                                (a)(7)(ii)(D)(
                                <E T="03">1</E>
                                ) and (a)(10)(ii)(A)
                            </ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Discard or disposition information, catcher/processor</E>
                                ” and to add introductory text.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ix)(A)</ENT>
                            <ENT>
                                (a)(7)(iv)(F)(
                                <E T="03">1</E>
                                ) and (a)(10)(ii)(A)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>to describe “discard total weight” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35763"/>
                            <ENT I="22">(ix)(B)</ENT>
                            <ENT>
                                (a)(7)(iv)(B), and (a)(7)(iv)(F)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>to describe “PSC discard numbers” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ix)(C)</ENT>
                            <ENT>
                                (a)(7)(iv)(I)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe “discard cumulative totals” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ix)(D)</ENT>
                            <ENT>
                                (a)(7)(iv)(H)(
                                <E T="03">2</E>
                                ) and (
                                <E T="03">3</E>
                                )
                            </ENT>
                            <ENT>to describe “discard zero balance forward” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(x) introductory text</ENT>
                            <ENT>(a)(11)(iv)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Catcher vessel delivery information</E>
                                ” and to add introductory text.
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">(x)(A) through (C)</ENT>
                            <ENT>(a)(11)(iv)</ENT>
                            <ENT>to describe “catcher vessel delivery”.</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                            The information currently listed under § 679.5(a) for multiple catcher vessel and processor requirements would be revised under a new § 679.5(c)(4) to address specifically the trawl gear DFL and/or DCPL.
                        </TNOTE>
                    </GPOTABLE>
                    <HD SOURCE="HD2">Shoreside Processor DCPL</HD>
                    <P>Currently, the regulations at 50 CFR part 679 do not describe the requirements for maintaining a shoreside processor DCPL, although this logbook has been available from the beginning of the domestic logbook program. The description of this logbook formerly relied on generalized tables found in § 679.5(a). The proposed action would add § 679.5(c)(5) as a stand-alone section to describe the shoreside processor DCPL regulations. Table 8 summarizes these additions.</P>
                    <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="s30L,xl30L,xl140L">
                        <TTITLE>
                            Table 8. New § 679.5(
                            <E T="01">c</E>
                            )(5) — Shoreside Processor DCPL
                        </TTITLE>
                        <BOXHD>
                            <CHED H="1">Paragraph under § 679.5(c)(5)</CHED>
                            <CHED H="1">Derived from § 679.5 unless specified otherwise</CHED>
                            <CHED H="1">Reason for change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(c)(5)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Shoreside processor DCPL</E>
                                ” and to add new section to describe the shoreside processor DCPL.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i)</ENT>
                            <ENT>
                                (a)(1)(i)(A)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Responsibility,</E>
                                ” to describe shoreside processor DCPL data entry responsibilities.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii) introductory text</ENT>
                            <ENT>(a)(14)(iv) introductory text</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Data entry time limits</E>
                                ” and to add introductory text.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(A)</ENT>
                            <ENT>
                                (a)(14)(iv)(E)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe the data elements that must be recorded in the DCPL within 2 hours after completion of receipt of each groundfish delivery (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,n">
                            <ENT I="22">(ii)(B)</ENT>
                            <ENT>(a)(14)(iv)(F)</ENT>
                            <ENT>to describe the various recording time limits for landings information, product information, discard and disposition information, and all other required information (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,n">
                            <ENT I="22">(ii)(C)</ENT>
                            <ENT>
                                (a)(14)(iv)(D)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT> </ENT>
                        </ROW>
                        <ROW RUL="s,s,n">
                            <ENT I="22">(ii)(D)</ENT>
                            <ENT>
                                (a)(14)(iv)(C)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT> </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(E)</ENT>
                            <ENT>
                                (a)(14)(iv)(D)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT> </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(F)</ENT>
                            <ENT>
                                (a)(14)(iv)(C)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>to describe the time limit for signing the DCPL (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(G)</ENT>
                            <ENT>
                                (a)(14)(iv)(C)(
                                <E T="03">3</E>
                                )
                            </ENT>
                            <ENT>to describe the time limit for submitting the goldenrod logsheet to the observer (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iii)</ENT>
                            <ENT>(a)(7)(iii)(B) and (D)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Required information, if inactive,</E>
                                ” to reference paragraph (c)(2) instead of duplicating that material, and to explain that no information is recorded in Part II if inactive (see also footnote 1).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv) introductory text</ENT>
                            <ENT>(a)(7)(i)(B), (a)(7)(iii)(A), and (a)(7)(x)(A)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Required information Part I, if active</E>
                                ” and to describe this information (see also footnote 1).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(A)</ENT>
                            <ENT>
                                (a)(6)(iii)(D)(
                                <E T="03">2</E>
                                ) and (a)(7)(x)(A)
                            </ENT>
                            <ENT>to provide instructions for the first day of the fishing year, whether active or inactive. to explain that page 1 should start with January 1 (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(B)</ENT>
                            <ENT>new</ENT>
                            <ENT>to describe the procedure for recording the week-ending date.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(C)</ENT>
                            <ENT>(a)(2)(iii) and (a)(5)(i)</ENT>
                            <ENT>to describe the “printed name” and “signature of manager” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35764"/>
                            <ENT I="22">(iv)(D)</ENT>
                            <ENT>(a)(5)(iii)</ENT>
                            <ENT>to describe “name of shoreside processor or SFP”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(E)</ENT>
                            <ENT>(a)(5)(iii)</ENT>
                            <ENT>to describe “geographic location of plant”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(F)</ENT>
                            <ENT>(a)(5)(iii)</ENT>
                            <ENT>to describe “FPP number” and “ADF&amp;G processor code”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(G)</ENT>
                            <ENT>(a)(7)(xi)</ENT>
                            <ENT>to describe “Federal reporting area” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(H)</ENT>
                            <ENT>(a)(7)(xv)</ENT>
                            <ENT>to describe the special “management programs” on Part I of the DCPL (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(I)</ENT>
                            <ENT>new</ENT>
                            <ENT>to describe “gear type” on Part I of the DCPL.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(J)</ENT>
                            <ENT>(a)(7)(x)(C) and (a)(7)(xii)</ENT>
                            <ENT>to describe how to record fish harvested with trawl gear in the COBLZ or RKCSA (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(K)</ENT>
                            <ENT>(a)(7)(xiii)</ENT>
                            <ENT>to describe “observer information” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v) introductory text</ENT>
                            <ENT>(a)(7)(ii)(A) and (a)(11)(i)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Required delivery information Part I, if active</E>
                                ” and to describe this information (see also footnote 1).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(A)</ENT>
                            <ENT>
                                (a)(6)(iii)(A)(
                                <E T="03">1</E>
                                ) and (a)(11)(iii)(A)
                            </ENT>
                            <ENT>to describe “date of delivery” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(B)</ENT>
                            <ENT>
                                (a)(6)(iii)(B) and (a)(6)(iii)(B)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe “type of delivery” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(C)</ENT>
                            <ENT>(a)(11)(iii)(C)</ENT>
                            <ENT>to describe “non-submittal of discard report”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(D)</ENT>
                            <ENT>(a)(11)(iii)(D)</ENT>
                            <ENT>to describe “name and ADF&amp;G vessel registration number” of vessel.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(E)</ENT>
                            <ENT>(a)(6)(iii)(C)</ENT>
                            <ENT>to describe “receipt time” and add that time should be recorded in military format.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(F)</ENT>
                            <ENT>
                                (a)(7)(iv)(A), (a)(7)(iv)(C)(
                                <E T="03">1</E>
                                ) and (a)(7)(iv)(C)(
                                <E T="03">7</E>
                                )(
                                <E T="03">i</E>
                                )
                            </ENT>
                            <ENT>to describe “estimated total hail weight” and add “hail weight” to replace “haul weight”. This would correct an inadvertent error wherein “haul weight” was placed into regulations (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(G)</ENT>
                            <ENT>
                                (a)(11)(iii)(G)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe “ADF&amp;G fish ticket numbers” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(H)</ENT>
                            <ENT>(a)(11)(iii)(H)</ENT>
                            <ENT>to describe “fish ticket numbers, states other than Alaska”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(I)</ENT>
                            <ENT>(a)(11)(iii)(I)</ENT>
                            <ENT>to describe “catch receipt numbers, states other than Alaska”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi) introductory text</ENT>
                            <ENT>(a)(7)(ii)(B) and (a)(8)(i)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Required landings information Part I, if active</E>
                                ” and to describe this information.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(A)</ENT>
                            <ENT>
                                (a)(6)(iii)(A)(
                                <E T="03">2</E>
                                ) and (a)(8)(i)(A)
                            </ENT>
                            <ENT>to describe “date of landing” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(B)</ENT>
                            <ENT>(a)(7)(iv)(D) and (a)(8)(i)(A)</ENT>
                            <ENT>to describe “daily total weight of landings” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(C)</ENT>
                            <ENT>
                                (a)(7)(iv)(D)(
                                <E T="03">1</E>
                                ) and (
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>to describe “scale weight” and remove “weighing some or all” and replace with “weighing the entire delivery” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(D)</ENT>
                            <ENT>
                                (a)(7)(iv)(I)(
                                <E T="03">2</E>
                                ) and (a)(8)(i)(A)
                            </ENT>
                            <ENT>to describe “weekly cumulative weight of landings” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(E)</ENT>
                            <ENT>(a)(7)(iv)(B)</ENT>
                            <ENT>to describe summarizing “weekly cumulative totals” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(F)</ENT>
                            <ENT>(a)(8)(ii)</ENT>
                            <ENT>to describe “landings as product”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii) introductory text</ENT>
                            <ENT>
                                (a)(10)(i)(A)(
                                <E T="03">1</E>
                                ), (a)(10)(vii)(A), and (a)(11)(i)
                            </ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Required discard or disposition information Part I, if active</E>
                                ” and to describe recording of this information (see also footnote 1).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii)(A)</ENT>
                            <ENT>(a)(10)(vii)</ENT>
                            <ENT>to describe “date of discard” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii)(B)</ENT>
                            <ENT>
                                (a)(10)(i)(A)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>to describe “discard species code and product code” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii)(C)</ENT>
                            <ENT>
                                (a)(7)(iv)(F)(
                                <E T="03">1</E>
                                ) and (a)(10)(i)(A)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>to describe “daily weight” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35765"/>
                            <ENT I="22">(vii)(D)</ENT>
                            <ENT>
                                (a)(7)(iv)(F)(
                                <E T="03">2</E>
                                ) and (a)(10)(i)(A)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>to describe “PSC discard numbers” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii)(E)</ENT>
                            <ENT>
                                (a)(7)(iv)(I)(
                                <E T="03">2</E>
                                ) and (a)(10)(i)(A)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>to describe “discard weekly cumulative totals” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Required product information Part II, if active.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)(A)</ENT>
                            <ENT>
                                (a)(7)(ii)(C)(
                                <E T="03">1</E>
                                ) and (
                                <E T="03">2</E>
                                ) and (a)(9)(i)
                            </ENT>
                            <ENT>to describe recording of product information (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)(B)</ENT>
                            <ENT>
                                (a)(6)(iii)(D)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>to describe “page numbering” in Part II.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)(C)</ENT>
                            <ENT>(a)(2)(iii) and (a)(5)(i)</ENT>
                            <ENT>to describe “printed name and signature of manager” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)(D)</ENT>
                            <ENT>(a)(5)(iii)</ENT>
                            <ENT>to describe “name of shoreside processor or SFP” in Part II.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)(E)</ENT>
                            <ENT>new</ENT>
                            <ENT>to describe “FPP number and ADF&amp;G processor code”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)(F)</ENT>
                            <ENT>new</ENT>
                            <ENT>to describe “week-ending date”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)(G)</ENT>
                            <ENT>new</ENT>
                            <ENT>to specify whether harvest occurred in the BSAI or GOA.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)(H)</ENT>
                            <ENT>
                                (a)(6)(iii)(A)(
                                <E T="03">3</E>
                                ) and (a)(9)(i)(A)
                            </ENT>
                            <ENT>to describe “date of production” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)(I)</ENT>
                            <ENT>(a)(9)(i)(A)</ENT>
                            <ENT>to describe “species and product codes” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)(J)</ENT>
                            <ENT>
                                (a)(7)(iv)(A)(
                                <E T="03">1</E>
                                ), (a)(7)(iv)(E), and (a)(9)(i)(A)
                            </ENT>
                            <ENT>to describe “daily product weight” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(viii)(K)</ENT>
                            <ENT>
                                (a)(7)(iv)(A)(
                                <E T="03">1</E>
                                ), (a)(7)(iv)(I)(
                                <E T="03">2</E>
                                ), and (a)(9)(i)(A)
                            </ENT>
                            <ENT>to describe “weekly cumulative totals of product weights” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">(ix)</ENT>
                            <ENT>(a)(9)(ii)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Custom processing</E>
                                ” and to add introductory text (see also footnote 1).
                            </ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                            The information currently listed under § 679.5(a) for multiple catcher vessel and processor requirements would be revised under a new § 679.5(c)(5) to address specifically the shoreside processor DCPL.
                        </TNOTE>
                    </GPOTABLE>
                    <HD SOURCE="HD2">Mothership DCPL</HD>
                    <P>Currently, the regulations at 50 CFR part 679 do not have a section describing the mothership DCPL, although this logbook has been available since the beginning of the domestic logbook program. The description of this logbook formerly relied on generalized tables found in § 679.5(a). The proposed action would add a new § 679.5(c)(6) to describe stand-alone mothership DCPL regulations. Most of these proposed measures are technical in nature. Table 9 summarizes these additions.</P>
                    <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="s30L,xl30L,xl140L">
                        <TTITLE>
                            Table 9. New § 679.5(
                            <E T="01">c</E>
                            )(6) — Mothership DCPL
                        </TTITLE>
                        <BOXHD>
                            <CHED H="1">Paragraph under § 679.5(c)(6)</CHED>
                            <CHED H="1">Derived from § 679.5 unless specified otherwise</CHED>
                            <CHED H="1">Reason for change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(c)(6)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Mothership DCPL</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(i)</ENT>
                            <ENT>
                                (a)(1)(i)(A)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Responsibility,</E>
                                ” to describe “responsibility”, and to add language to describe the practice of incorporating information into the DCPL for all groundfish received from any source.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii) introductory text</ENT>
                            <ENT>(a)(14)(iv)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Data entry time limits</E>
                                ” and to describe these time limits.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(A)</ENT>
                            <ENT>
                                (a)(14)(iv)(E)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe the information required for each groundfish delivery to be recorded within 2 hours after completion of receipt of each groundfish delivery (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(B)</ENT>
                            <ENT>
                                (a)(14)(iv)(D)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>to describe time limit for recording “product information” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(C)</ENT>
                            <ENT>
                                (a)(14)(iv)(C)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe time limit for recording “discard or disposition information” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35766"/>
                            <ENT I="22">(ii)(D)</ENT>
                            <ENT>
                                (a)(14)(iv)(D)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe time limit for recording “all other required information” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(E)</ENT>
                            <ENT>
                                (a)(14)(iv)(C)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>to describe time limit for “signing the completed DCPL logsheets” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(ii)(F)</ENT>
                            <ENT>
                                (a)(14)(iv)(C)(
                                <E T="03">3</E>
                                )
                            </ENT>
                            <ENT>to describe the time limit for submitting the goldenrod logsheet to the observer(see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iii)</ENT>
                            <ENT>(a)(7)(iii)(B) and (a)(7)(iii)(D)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Required information, if inactive</E>
                                ” and to add a cross reference to paragraph (c)(2) instead of duplicating that material (see also footnote 1).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv) introductory text</ENT>
                            <ENT>(a)(7)(i)(C) and (a)(7)(iii)(A)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Required information, if active,</E>
                                ” to add introductory text, and describe when a mothership is active (see also footnote 1).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(A)</ENT>
                            <ENT>
                                (a)(6)(iii)(D)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe “page number” and require that information for January 1 be recorded on page 1 whether or not receiving groundfish  (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(B)</ENT>
                            <ENT>(a)(2)(iii) and (a)(5)(i)</ENT>
                            <ENT>to describe “printed name and signature of operator” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(C)</ENT>
                            <ENT>(a)(5)(iv)</ENT>
                            <ENT>to describe “mothership identification” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(D)</ENT>
                            <ENT>new</ENT>
                            <ENT>to describe “date” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(E)</ENT>
                            <ENT>(a)(7)(xiv)</ENT>
                            <ENT>to describe “crew size” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(F)</ENT>
                            <ENT>new</ENT>
                            <ENT>to describe “gear type”. This would add gear type of harvester.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(G)</ENT>
                            <ENT>(a)(7)(x)(b) and (a)(7)(xi)</ENT>
                            <ENT>to describe “Federal reporting areas” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(H)</ENT>
                            <ENT>(a)(7)(x)(C) and (a)(7)(xii)</ENT>
                            <ENT>to describe how to record fish harvested with trawl gear in the COBLZ or RKCSA (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(I)</ENT>
                            <ENT>(a)(7)(xiii)</ENT>
                            <ENT>to describe “observer information” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(iv)(J)</ENT>
                            <ENT>(a)(7)(xv)</ENT>
                            <ENT>to describe recording of special “management programs” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v) introductory text</ENT>
                            <ENT>(a)(7)(ii)(A) and (a)(11)(i)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Required delivery information</E>
                                ” and to describe the section (see also footnote 1).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(A)</ENT>
                            <ENT>
                                (a)(6)(iii)(A)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe “date of delivery” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(B)</ENT>
                            <ENT>
                                (a)(6)(iii)(A)(
                                <E T="03">1</E>
                                )(
                                <E T="03">ii</E>
                                ), (a)(11)(iii)(B), and (a)(11)(iii)(B)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe “type of delivery” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(C)</ENT>
                            <ENT>(a)(11)(iii)(C)</ENT>
                            <ENT>to describe “non-submittal of discard report” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(D)</ENT>
                            <ENT>(a)(11)(iii)(D)</ENT>
                            <ENT>to describe “vessel identification” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(E)</ENT>
                            <ENT>(a)(11)(iii)(E)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Receipt time</E>
                                ”, describe the “receipt time”, and add that time should be in military format.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(F)</ENT>
                            <ENT>(a)(11)(iii)(F)</ENT>
                            <ENT>to describe the coordinates for the “beginning position of receipt” (latitude and longitude).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(G)</ENT>
                            <ENT>
                                (a)(7)(iv)(A), (a)(7)(iv)(C)(
                                <E T="03">4</E>
                                ) and (a)(7)(iv)(C)(
                                <E T="03">7</E>
                                )(
                                <E T="03">i</E>
                                )
                            </ENT>
                            <ENT>to describe the “estimated total groundfish hail weight” and remove “haul weight” and replace with “hail weight”. This would correct an inadvertent error wherein “haul weight” was placed into regulations (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(H)</ENT>
                            <ENT>new</ENT>
                            <ENT>to describe “IR/IU species” and to describe information requested in the mothership DCPL.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(v)(I)</ENT>
                            <ENT>
                                (a)(11)(iii)(G)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>to describe “ADF&amp;G fish ticket numbers” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi) introductory text</ENT>
                            <ENT>(a)(7)(ii)(C) and (a)(9)(i)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Product information</E>
                                ” and to add introductory text (see also footnote 1).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(A) through (D)</ENT>
                            <ENT>(a)(9)(i)(A)</ENT>
                            <ENT>to describe recording of product data elements (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(E)</ENT>
                            <ENT>(a)(7)(iv)(B)</ENT>
                            <ENT>to describe summarizing “weekly cumulative product totals” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35767"/>
                            <ENT I="22">(vi)(F)</ENT>
                            <ENT>
                                (a)(7)(iv)(H)(
                                <E T="03">2</E>
                                ) and (
                                <E T="03">3</E>
                                )
                            </ENT>
                            <ENT>to describe the “zero product balance” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vi)(G)</ENT>
                            <ENT>(a)(9)(ii)</ENT>
                            <ENT>to describe “custom processing” (see also footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(vii) introductory text</ENT>
                            <ENT>
                                (a)(10)(i)(A)(
                                <E T="03">1</E>
                                ) and (a)(11)(i)
                            </ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Required discard or disposition information</E>
                                ” and to describe the section (see also footnote 1).
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">(vii)(A), (B), and (D)</ENT>
                            <ENT>(a)(10)(vii)(A)</ENT>
                            <ENT>to describe data elements required for recording discard or disposition information (see also footnote 1).</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                            The information currently listed under § 679.5(a) for multiple catcher vessel and processor requirements would be revised under a new § 679.5(c)(6) to address specifically the mothership DCPL.
                        </TNOTE>
                    </GPOTABLE>
                    <HD SOURCE="HD2">Buying Station Report (BSR)</HD>
                    <P>In addition to implementing changes to regulations describing logbooks, this rule would expand and make minor revisions to § 679.5(d), which describes the buying station report (BSR). The BSR regulations would be revised to include complete BSR information rather than contain cross references to generalized tables of information formerly found in § 679.5(a). These measures would create self-contained, stand-alone BSR regulation text. Most of these proposed measures are technical in nature. Table 10 summarizes these revisions.</P>
                    <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="s30L,xl30L,xl140L">
                        <TTITLE>
                            Table 10. Section 679.5(
                            <E T="01">d</E>
                            ) — Buying Station Report (BSR)
                        </TTITLE>
                        <BOXHD>
                            <CHED H="1">Paragraph under § 679.5(d)</CHED>
                            <CHED H="1">Derived from § 679.5 unless specified otherwise</CHED>
                            <CHED H="1">Reason for change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(d)(1) introductory text</ENT>
                            <ENT> </ENT>
                            <ENT>to remove (d)(1) introductory text because reference to paragraphs (a) and (b) no longer applies.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(1) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Responsibility.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(1)(i)</ENT>
                            <ENT>
                                (a)(1)(i)(A)(
                                <E T="03">3</E>
                                ), (d)(1)(ii) and (d)(1)(iv)
                            </ENT>
                            <ENT>to describe “responsibility” (see footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(1)(ii)</ENT>
                            <ENT>(d)(1)(iii)</ENT>
                            <ENT>to describe documentation required to accompany each groundfish delivery from the landing site to the associated processor, including the printed ELB discard reports.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(1)(iii)</ENT>
                            <ENT>(a)(11)(ii)(B)</ENT>
                            <ENT>to describe a catcher vessel functioning as a buying station for its own catch.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(2)</ENT>
                            <ENT> </ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Data entry time limits</E>
                                ” and to add “of a buying station” after “manager”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(3) introductory text</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Required information, if inactive</E>
                                ” and to describe that a buying station is not required to record information if inactive.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(4) introductory text</ENT>
                            <ENT>(a)(5)(v) and (d)(1)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Required information, if active</E>
                                ” and to add introductory text.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(4)(i)</ENT>
                            <ENT>(a)(6)(iii)(F)</ENT>
                            <ENT>to describe the original or revised report (see footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(4)(ii)</ENT>
                            <ENT>(a)(5)(v)</ENT>
                            <ENT>to describe “name of buying station” (see footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(4)(iii)</ENT>
                            <ENT>(a)(2)(iii) and (a)(5)(i)</ENT>
                            <ENT>to describe the operator or manager name and signature (see footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(4)(iv)</ENT>
                            <ENT>(a)(7)(xv)</ENT>
                            <ENT>to describe the special management programs (see footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(4)(v)</ENT>
                            <ENT>new</ENT>
                            <ENT>to describe “gear type” of harvester and to describe information requested on the BSR.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(4)(vi)</ENT>
                            <ENT>(a)(7)(xi)</ENT>
                            <ENT>to describe “Federal reporting area” (see footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(4)(vii)</ENT>
                            <ENT>(a)(7)(xii)</ENT>
                            <ENT>to describe recording procedure if fishing occurred in the COBLZ or RKCSA (see footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(4)(viii)</ENT>
                            <ENT>(a)(5)(v) and (d)(1)(i)</ENT>
                            <ENT>to describe “associated processor” and remove “Geographic location of plant” because the ADF&amp;G processor code identifies this item.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(4)(ix) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Catcher vessel delivery information</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35768"/>
                            <ENT I="22">(4)(ix)(A)</ENT>
                            <ENT>(a)(11)(iii)(D)</ENT>
                            <ENT>to describe the identification information required from a catcher vessel making a delivery (see footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(4)(ix)(B)</ENT>
                            <ENT>(a)(11)(iii)(C)</ENT>
                            <ENT>to describe recording the non-submittal of discard report (see footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(4)(ix)(C)</ENT>
                            <ENT>
                                (a)(11)(iii)(G)(
                                <E T="03">2</E>
                                )
                            </ENT>
                            <ENT>to describe “ADF&amp;G fish ticket number” (see footnote 1).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(4)(ix)(D)</ENT>
                            <ENT>(d)(1)(v)</ENT>
                            <ENT>to describe the species codes and scale weight.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(4)(ix)(E)</ENT>
                            <ENT>(d)(1)(v)</ENT>
                            <ENT>to describe “groundfish hail weight”. Further “hail weight” would be substituted for “delivery weight” as a more accurate term.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(4)(x) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Discard and disposition information</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">(4)(x)</ENT>
                            <ENT>(a)(10)(iii)</ENT>
                            <ENT>to describe the discard and disposition information (see footnote 1).</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                            The information currently listed under § 679.5(a) for multiple catcher vessel and processor requirements would be revised under § 679.5(d) to address specifically the buying station report (BSR).
                        </TNOTE>
                    </GPOTABLE>
                    <HD SOURCE="HD2">IERS and eLandings</HD>
                    <P>ADF&amp;G, NMFS, and IPHC collect harvest data for management of groundfish, Pacific halibut, other finfish species, and shellfish species in the waters off Alaska. NMFS collects groundfish harvest data for FMP species in the EEZ through logbooks, WPRs, and SPELR. NMFS collects IFQ halibut, CDQ halibut, and IFQ sablefish harvest data through online system landing reports. ADF&amp;G collects harvest data for species taken in the waters of the State of Alaska (State) and has responsibility for some fisheries in the EEZ which were delegated to the State via an FMP, such as lingcod, black rockfish, and demersal shelf rockfish. ADF&amp;G maintains records of harvest through fish tickets for non-FMP species. ADF&amp;G and NMFS cooperatively manage the Crab Rationalization Program fisheries in the BSAI through eLandings. The IPHC collects harvest data for management of IFQ Pacific halibut in both State waters and in the EEZ through an Internet recordkeeping system.</P>
                    <P>A new electronic reporting system, the IERS, was first implemented for use in the CR crab fisheries in August 2005. NMFS would require the use of eLandings, the data entry component of IERS, in place of the SPELR reporting system with this proposed rule for those programs currently required to use SPELR. NMFS also would require the use of eLandings in place of the online data entry system for IFQ halibut, CDQ halibut, and IFQ sablefish.</P>
                    <P>NMFS proposes that eLandings be used as a single reporting system for commercial harvest and production of groundfish, halibut, and crab. eLandings would allow processors and others to make all three required landings reports to regulatory agencies (NMFS, IPHC, and ADF&amp;G) with a single reporting system. Using eLandings would remove reporting duplications, and once implementation is complete, eLandings would simplify recordkeeping and reporting. Additional benefits of the eLandings system include:</P>
                    <P>• Improved accuracy through immediate verification of permits, vessel identification, and other reported data;</P>
                    <P>• Timely catch reports for management agency use;</P>
                    <P>• Options for processors to import or export catch and production information; and</P>
                    <P>• Significant reduction in data entry by management agencies and processors for programs managed under any Federal program, such as IFQ.</P>
                    <P>
                        Processors would report groundfish, crab, halibut, and sablefish landings on the eLandings website (
                        <E T="03">http://www.elandings.alaska.gov</E>
                        ) and print landings records in the ADF&amp;G fish ticket format. Fish and shellfish would be reported and printed as daily at-sea or shoreside production reports. IFQ information would be printed in IFQ report format. Even though these reports are submitted to the agency electronically, paper copies of the reports would be maintained by the submitter for purposes of enforcement audits.
                    </P>
                    <P>Clients with no web access, such as the at-sea fleet, would use eLandings desktop software to create reports and then submit landing reports as e-mail attachments. The vessels use satellite communications which may or may not include telephone, Internet, text messaging, email, and email attachment capabilities. Communication providers provide different types of satellite communications, and not all these have email attachment capability. Several different types of satellite communications telephone systems would meet the email attachment requirement. These include the Stratos, Iridium phone, Inmarsat A, Inmarsat B, Inmarsat M (or mini M), Fleet 66, and other Fleet models.</P>
                    <P>While the consolidation of agency reporting procedures appears straightforward, it is complicated by the varying nature of the reports. ADF&amp;G fish tickets and NMFS paper and electronic reports are primarily historic records of harvests and deliveries, while IFQ reports are transactions that affect specific account balances and the ability of permit holders to make future landings.</P>
                    <P>ADF&amp;G and NMFS began meeting in 1999 to address fishery data acquisition issues facing both agencies. IPHC joined the initiative to make comprehensive groundfish landing data available to all management agencies and to provide seafood processors with consistent and non-redundant means of reporting commercial harvests. The initial effort under this initiative coordinated the coding schemes for reports made on each of the agencies' systems; these codes are currently in use for existing systems. As the effort progressed, it became apparent that a single electronic reporting system for commercial landing data might be feasible. The Pacific States Marine Fisheries Commission (Pacific States) received a grant to fund development of an interagency electronic reporting system.</P>
                    <P>
                        In late 2001, Pacific States engaged Wostmann &amp; Associates (WAI), a Juneau-based consulting firm, to assess the potential electronic reporting needs of ADF&amp;G, IPHC, and NMFS. In 
                        <PRTPAGE P="35769"/>
                        addition, WAI assessed the needs of the fishery processors required to provide landing and production data. The needs assessment covered
                    </P>
                    <P>• Data requirements;</P>
                    <P>• Technological capabilities;</P>
                    <P>• Regulatory implications; and</P>
                    <P>• Procedural challenges that might affect the success of an electronic reporting system.</P>
                    <P>The assessment concluded that an integrated electronic reporting system would be feasible and could provide significant benefits to processors and the fishery management agencies.</P>
                    <P>The needs assessment recommended a staged development approach. Under this approach, limited development would occur and results would be analyzed before proceeding to the next development stage. The first stage was to develop a technology demonstrator using the technologies anticipated for use in the IERS to simulate communications and processing needs. This first stage allowed evaluation of the system components, development environment, and communications infrastructure in use actual use in Alaska.</P>
                    <P>When the NMFS halibut and sablefish IFQ card-swipe reporting system was initially deployed in the mid-1990s, significant performance problems occurred due to communications lag times and failures, even though testing in Juneau had indicated that the system's data communication architecture was reliable. An important objective of the technology demonstrator was to prevent a repeat of that experience by testing the system communications architecture against the communications infrastructure in Alaska before the project committed to building the production software. Testing with the limited bandwidth and satellite communications used in remote Alaskan fishing ports provided important feasibility information for project decision making. Additionally, the knowledge gained helped software developers anticipate conditions IERS encounters in the field and allows for better design decisions to be made.</P>
                    <P>In the summer of 2003, Pacific States engaged WAI to develop the technology demonstrator and to report on the performance of Internet communications and systems infrastructures at seafood processor and agency locations around the state. WAI also evaluated the software development tools and software components used during the project. WAI concluded that a web-based reporting system was acceptable, and the technology demonstrator report provides the performance analysis and the assessment of the different technologies.</P>
                    <P>The primary program goals of IERS were identified as follows:</P>
                    <P>• Provide commercial fisheries landing and production data, by processors and catcher/processors, to agencies;</P>
                    <P>• Meet the primary data needs of each of the participating agencies;</P>
                    <P>• Adhere to regulations;</P>
                    <P>• Adhere to confidentiality requirements;</P>
                    <P>• Improve data quality;</P>
                    <P>• Improve data collection methods to reduce redundancy and to consider business constraints;</P>
                    <P>• Provide timely commercial catch statistics;</P>
                    <P>• Provide trip-based information; and</P>
                    <P>• Provide electronic and paper documentation.</P>
                    <P>In 2004, Pacific States awarded a contract to WAI for the development of IERS to be used for data collection by three separate agencies: ADF&amp;G, NMFS, and IPHC. The system was developed under the leadership of the eLandings Steering Committee. eLandings is the data entry component of IERS, a web-based system. Users of eLandings receive immediate confirmation of data submission through the system. The submitted records are available for immediate retrieval through the web interface and no return receipt is required. The language remains the same for entities using the desktop version of IERS, and a return receipt is generated by the system.</P>
                    <P>In 2005, NMFS published a final rule (70 FR 10174, March 2, 2005) that required the use of eLandings for the CR Program. In 2006, NMFS published a proposed rule (71 FR 33040, June 7, 2006) and a final rule (71 FR 67210, November 20, 2006) stating that managers of shoreside processors or SFPs that are authorized Central GOA Rockfish Pilot Program processors must use SPELR or NMFS-approved software, instead of a logbook and WPR, to record Rockfish. If this proposed rule is approved and implemented, these Rockfish processors would be required to use eLandings instead of SPELR. NMFS also authorized eLandings for voluntary processor data entry reporting of groundfish landings in place of SPELR.</P>
                    <P>Currently, § 679.5(e) describes the SPELR. If this proposed rule is approved and implemented, § 679.5(e) would be completely removed and replaced by a new § 679.5(e) containing eLandings regulatory text. All regulations describing IERS and eLandings requirements would be moved to this new section, even those describing eLandings for CR crab, which are currently at § 680.5. All participants that are currently required to use SPELR would now be required to use IERS. The term, “other NMFS-approved software” would be added throughout this section to indicate that software other than eLandings could be used for data entry if approved by NMFS. Table 11 summarizes these revisions.</P>
                    <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="s30L,xl30L,xl140L">
                        <TTITLE>
                            Table 11. New § 679.5(
                            <E T="01">e</E>
                            ) — Interagency Electronic Reporting System (IERS) and eLandings
                        </TTITLE>
                        <BOXHD>
                            <CHED H="1">Paragraph under § 679.5(e)</CHED>
                            <CHED H="1">Derived from § 679.5 unless specified otherwise</CHED>
                            <CHED H="1">Reason for change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(e)</ENT>
                            <ENT> </ENT>
                            <ENT>remove this paragraph; because eLandings would replace SPELR.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(e) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Interagency Electronic Reporting System (IERS) and eLandings</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(e)(1) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Responsibility</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(1)(i)</ENT>
                            <ENT>
                                (l)(2)(iv)(B)(
                                <E T="03">1</E>
                                ) and § 680.5(c) introductory text
                            </ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Hardware, software, and Internet connectivity</E>
                                ” and to expand the current requirement for hardware, software, and Internet connectivity for data entry to include participants reporting groundfish, IFQ halibut, IFQ sablefish, CDQ halibut, CDQ crab, Adak crab, and IFQ crab information.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(1)(ii) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Computer or network failure.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35770"/>
                            <ENT I="22">(1)(ii)(A)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add a heading “
                                <E T="03">Groundfish</E>
                                ” and to describe the responsibility of the User to keep a groundfish logbook on hand as backup in case of computer or network failure when using eLandings for groundfish.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(1)(ii)(B)</ENT>
                            <ENT>§ 680.5(b)(10)</ENT>
                            <ENT>
                                to add a heading “
                                <E T="03">IFQ manual landing report for crab, halibut, and sablefish</E>
                                ” and to describe the use of the IFQ manual landing report for crab, halibut, and sablefish as backup in case of computer or network failure when using eLandings.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(2) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">eLandings processor registration.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(2)(i)</ENT>
                            <ENT>§ 680.5(c)(1)(i)</ENT>
                            <ENT>to describe the procedure to obtain a UserID.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(2)(ii)</ENT>
                            <ENT>§ 680.5(c)(1)(i) and (c)(1)(ii)</ENT>
                            <ENT>to describe the procedure for completion of an eLandings User Agreement Form.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(2)(iii)</ENT>
                            <ENT>§ 680.5(c)(1)(ii)</ENT>
                            <ENT>to describe the responsibility associated with signature on the registration form.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(2)(iv)</ENT>
                            <ENT>§ 680.5(c)(1)(ii)</ENT>
                            <ENT>to describe the UserID confirmation and to describe the steps a User must take when submitting the registration.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(3)</ENT>
                            <ENT>§ 680.5(c)(2)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Information required for eLandings processor registration form</E>
                                ” and add introductory text.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(3)(i)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Operation type</E>
                                ” and describe “operation type”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(3)(ii)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Operation name</E>
                                ” and describe “operation name”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(3)(iii)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">ADF&amp;G processor code and home port of shoreside processor, SFP, mothership, or catcher/processor.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(3)(iv) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Federal permit number</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(3)(iv)(A) through (E)</ENT>
                            <ENT>new</ENT>
                            <ENT>to describe the permit number associated with the specific operation type.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(3)(v)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Physical operation</E>
                                ” and describe the information required if a buying station or custom processor.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(3)(vi)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">UserID registration for primary User</E>
                                ” and describe the information required for a User.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(4)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Information entered automatically for eLandings landing report</E>
                                ” and to describe the fields that eLandings automatically fills using information from the processor registration records.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(5) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Information entered for each groundfish delivery to a shoreside processor and SFP.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(5)(i)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Contents</E>
                                ”, to add introductory text, and list the eLandings data elements required from a shoreside processor and SFP for each groundfish delivery.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(5)(ii)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Signatures</E>
                                ” and to describe signatures required on each landing report created by eLandings.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(5)(iii)</ENT>
                            <ENT>
                                (a)(14)(iv)(E)(
                                <E T="03">1</E>
                                )
                            </ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Submittal time limit</E>
                                ” and to describe the time limit to enter the information listed at paragraphs (e)(5)(i) and (ii) into eLandings.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(6) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Information entered for each groundfish delivery to a mothership.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(6)(i)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Contents</E>
                                ”, to add introductory text, and list the eLandings data elements required from a mothership for each groundfish delivery.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(6)(ii)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Signatures</E>
                                ” and to describe signatures required on each landing report created by eLandings.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(6)(iii)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Submittal time limit</E>
                                ” and to describe the time limit to enter the information listed at paragraphs (e)(6)(i) and (ii) into eLandings.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(7) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Information entered for each IFQ halibut, CDQ halibut, and IFQ sablefish delivery</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(7)(i)</ENT>
                            <ENT>(l)(2)(iii)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Contents</E>
                                ” and list the eLandings data elements required for each IFQ halibut, CDQ halibut, and IFQ sablefish delivery. Some variables would be removed from the list because eLandings would autoload them.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35771"/>
                            <ENT I="22">(7)(ii)</ENT>
                            <ENT>§ 679.42(c)(1)(iii) and (iv)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Signatures</E>
                                ” and to describe signatures required on each landing report (ADF&amp;G fish ticket) and IFQ receipt, and add the signature requirement for the IFQ manual landing report.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(7)(iii)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Time limits</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(7)(iii)(A)</ENT>
                            <ENT>(l)(2)(ii)(A)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Landing hours</E>
                                ” and to describe time range within which a landing of IFQ halibut, CDQ halibut, or IFQ sablefish may commence.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(7)(iii)(B)</ENT>
                            <ENT>(l)(2)(ii)(B)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Landing completion</E>
                                ” and to describe the 6 hour time limit to enter the information listed at paragraph (e)(7)(i) into eLandings.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(8) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Information entered for each IFQ crab delivery</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(8)(i)</ENT>
                            <ENT>§ 680.5(d)(7)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Contents</E>
                                ” and to list the eLandings data elements required for each IFQ crab delivery. Also, the following data elements would be removed because these elements are required by the state and are not collected in the IFQ database: ADF&amp;G processor code of first purchaser; State of Alaska Interim Use Permit (IUP) number; Commercial Fisheries Entry Commission year sequence number; Indicate (YES or NO) whether a portion of the harvested IFQ crab was or will be delivered to another RCR (partial delivery); Number of pot lifts in each ADF&amp;G statistical area; Number of crew, including operator and excluding observer(s); and Number of observers. And “gear code” would be removed because pot gear is the only legal gear allowed.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(8)(ii)</ENT>
                            <ENT>§ 680.5(d)(7)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Signatures</E>
                                ” and to describe signatures required on each landing report.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(8)(iii) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Submittal time limits</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(8)(iii)(A)</ENT>
                            <ENT>§ 680.5(d)(4)(ii)</ENT>
                            <ENT>to describe the 6 hour time limit to enter the information listed at paragraphs (e)(8)(i) and (ii) into eLandings after all crab is offloaded.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(8)(iii)(B)</ENT>
                            <ENT>§ 680.5(d)(4)(i)</ENT>
                            <ENT>to describe the time limit for a catcher/ processor to submit a weekly IFQ crab landing report.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(9)</ENT>
                            <ENT>§ 680.5(d)(8)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Information entered for CR crab custom processing landings</E>
                                ”, to describe CR crab custom processing information, and to update cross references.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(10) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Shoreside processor or SFP information entered for eLandings production report</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(10)(i)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Contents</E>
                                ”, and describe information automatically filled by eLandings as well as that required from User.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(10)(ii)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Submittal time limits</E>
                                ” and to describe the time limit to enter the information listed at paragraph (e)(10)(i) into eLandings.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(11) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Catcher/processor or mothership information entered for eLandings production report</E>
                                ”.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(11)(i)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Contents</E>
                                ”, to describe information automatically filled by eLandings as well as that required from User.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(11)(ii)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Submittal time limit</E>
                                ” and to describe time limits to enter production information into eLandings.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(12)</ENT>
                            <ENT>§ 679.5(f) and § 680.5(b)(8)</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">eLandings printed reports</E>
                                ” and to add introductory text. This would replace text at § 679.5(f) describing SPELR printed reports with revised text describing eLandings printed reports and describe signatures required on eLandings landing reports.
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">(13)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Retention of eLandings printed reports</E>
                                ” and provide cross reference to paragraph (a)(5).
                            </ENT>
                        </ROW>
                    </GPOTABLE>
                    <HD SOURCE="HD2">Electronic Logbooks (ELBs) and Equipment and Operational Requirements</HD>
                    <P>Currently, the regulations at § 679.5(f) describe SPELR printed reports. NMFS proposes to remove the description of SPELR printed reports and replace it with new text describing the ELBs. New paragraph (f) would describe ELB user reporting options and responsibilities; software requirements, data entry instructions, data export instructions; regular backup and correction of errors instructions; submittal time limits; standards for maintaining a DFL or DCPL onboard for emergency use; and printing and maintaining paper copies of ELB reports.</P>
                    <P>
                        Early in the ELB development process, one vendor developed and supplied software for a NMFS pilot program for catcher vessels using trawl gear. Because the pilot program involved voluntary participants, no costs were involved other than the training time to learn how to use the software. The pilot program involved a 
                        <PRTPAGE P="35772"/>
                        dozen or more vessels, some of which still use the software instead of the DFL, despite that the software is no longer supported by the vendor. The pilot program demonstrated that electronic software is feasible onboard a catcher vessel. This action may foster the voluntary use of this software by codifying the conditions governing its adoption and application. Nothing in this action mandates the use of ELBs by fishing vessel operators. Fishermen could continue to submit the requested information using the existing DFL.
                    </P>
                    <P>Vessels that currently use the ELB would be required to report inactive period dates, the reason for the inactivity, and the date and time when they start a trip after being inactive. This requirement duplicates a requirement in the DFL that the ELB is designed to replace.</P>
                    <P>This rule would extend the ELB option to catcher vessels and catcher/processors using longline or pot gear, catcher/processors using trawl gear, and to motherships.</P>
                    <P>The infrastructure to obtain information collected by fishermen using electronic logs already exists. If new vendors enter the marketplace, and more catcher vessels and catcher/processors use the software, NMFS' costs of using catcher vessel log information actually may decrease with technological advances in ELB software.</P>
                    <P>NMFS proposes to update equipment and operational requirement regulations (§ 679.28). Minor revisions would remove outdated text and codify existing reporting practice for catch weighing and VMS operation regulations. A new section would be added to provide the process and criteria by which a private-sector vendor could get an ELB software program approved for use in the NMFS Alaska Region fisheries. Table 12 provides the proposed changes for this section.</P>
                    <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="s30L,xl30L,xl140L">
                        <TTITLE>Table 12. Section 679.28 — Electronic Logbooks and Equipment and Operational Requirements</TTITLE>
                        <BOXHD>
                            <CHED H="1">Paragraph under § 679.28</CHED>
                            <CHED H="1">Derived from § 679.28 unless specified otherwise</CHED>
                            <CHED H="1">Reason for change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(a)</ENT>
                            <ENT> </ENT>
                            <ENT>to add “catch monitoring and control plan, and catcher vessel electronic logbook software” to update the paragraph to recent additions to the text; to remove “This section does not require any vessel or processor to provide this equipment.  Such requirements appear elsewhere in this part.” because § 679.28(f)(6) does list requirements to use VMS.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(b)(2)(iii)</ENT>
                            <ENT> </ENT>
                            <ENT>to state that scales be inspected and approved by a NMFS-staff scale inspector or an inspector designated by NMFS and trained by a NMFS-staff scale inspector.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(b)(2)(iv)</ENT>
                            <ENT>(b)(2)(v)</ENT>
                            <ENT>to simplify this language by removing unnecessary text.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(b)(2)(v)</ENT>
                            <ENT> </ENT>
                            <ENT>to remove and reserve this paragraph because</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(b)(2)(vi)(A)</ENT>
                            <ENT> </ENT>
                            <ENT>to remove “authorized by the Regional Administrator” because the language is extraneous.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(c)(3)(i)</ENT>
                            <ENT> </ENT>
                            <ENT>to correct a cross reference [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(f)(4)(i)</ENT>
                            <ENT>new</ENT>
                            <ENT>to describe how to register a VMS unit.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(f)(4)(ii)</ENT>
                            <ENT>(f)(4)(i)</ENT>
                            <ENT>to add the fields for information requested on the VMS check-in report.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(f)(4)(iii)</ENT>
                            <ENT>(f)(4)(ii)</ENT>
                            <ENT>redesignated</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(f)(5)</ENT>
                            <ENT>(f)(5) introductory text, (f)(5)(i) and (f)(5)(ii)</ENT>
                            <ENT>to remove text describing an outdated procedure.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(h)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">ELB software</E>
                                ” and to describe software for the four types of ELBs.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(h)(1)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">How do I get my ELB software approved by NMFS?</E>
                                ” and to describe how to obtain specifications for ELB software.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(h)(1)(i)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Specifications</E>
                                ” and to describe the types of ELB software.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(h)(1)(ii)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">ELB submittal package</E>
                                ” and to describe the information required for software approval from NMFS.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(h)(1)(iii)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">ELB approval</E>
                                ” and to describe NMFS' ELB requirements.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(h)(2) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">What if I need to make changes to NMFS-approved ELB software?</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(h)(2)(i)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">NMFS-instigated changes</E>
                                ” and to describe procedure when NMFS makes changes in regulations that affect ELB software.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(h)(2)(ii)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Developer-instigated changes</E>
                                ” and to describe procedures for instituting developer-instigated changes to ELB software.
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">(h)(2)(iii)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">NMFS-approved ELB changes</E>
                                ” and to describe procedure vendor must use to notify users of ELB updates.
                            </ENT>
                        </ROW>
                    </GPOTABLE>
                    <PRTPAGE P="35773"/>
                    <HD SOURCE="HD2">Limitations on Use of QS and IFQ</HD>
                    <P>NMFS proposes several revisions and edits to the regulations at § 679.42. Miscellaneous revisions include removing outdated text, reorganizing text, addition of a term “non-individual entity”, revisions regarding the occurrence where an approved IFQ allocation for one IFQ permit holder exceeds the limitations of catch and retention on a single vessel, and revisions regarding the allocation of quota share. Most of these proposed measures are technical in nature. Table 13 summarizes these revisions.</P>
                    <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="s30L,xl30L,xl140L">
                        <TTITLE>Table 13. Section 679.42 — Limitations on Use of QS and IFQ</TTITLE>
                        <BOXHD>
                            <CHED H="1">Paragraph under § 679.42</CHED>
                            <CHED H="1">Derived from § 679.42 unless specified otherwise</CHED>
                            <CHED H="1">Reason for change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(c)(1)(iii) and (c)(1)(iv)</ENT>
                            <ENT> </ENT>
                            <ENT>paragraph (c)(1)(iii) would be redesignated as § 679.40(h)(1)(i); paragraph (c)(1)(iv) would be redesignated as § 679.40(h)(1)(i).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(c)(2) introductory text</ENT>
                            <ENT> </ENT>
                            <ENT>paragraph (c)(2) introductory text would be redesignated as § 679.40(h)(1) introductory text.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(c)(2)(i)</ENT>
                            <ENT> </ENT>
                            <ENT>paragraph (c)(2)(i) would be redesignated as § 679.40(h)(1) introductory text.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(c)(2)(ii)</ENT>
                            <ENT> </ENT>
                            <ENT>
                                1
                                <SU>st</SU>
                                 sentence of § 679.42(c)(2)(ii) would be redesignated as § 679.40(h)(1)(ii). 2
                                <SU>nd</SU>
                                 sentence of § 679.42(c)(2)(ii) would be redesignated as § 679.40(h)(2).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">new (c)(2)</ENT>
                            <ENT>(j)(6)</ENT>
                            <ENT>“other entity” would be replaced with “non-individual entity” (meaning any type of entity other than a natural or human entity). This would remove “QS initial allocation of QS assigned to categories B, C, or D” and replace it with “an allocation of QS”, because this text refers to any allocation of QS. This would add “to the individual person level” to distinguish shareholders or partners; and add “or other non-individual entity” to accurately describe and include all entities to which this applies.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(c)(3)</ENT>
                            <ENT> </ENT>
                            <ENT>this paragraph would be deleted because it duplicates text found at § 679.40(h)(3).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(h)(3)</ENT>
                            <ENT> </ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Excess</E>
                                ” and to describe an exemption applicable in circumstances where an approved IFQ allocation for one IFQ permit holder exceeds the limitations of catch and retention on a single vessel.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(h)(4)</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to add heading “
                                <E T="03">Liability</E>
                                ” and a description of a participant's responsibility when harvest limitations are exceeded.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">(j) introductory text</ENT>
                            <ENT> </ENT>
                            <ENT>to add other non-individual entities to those entities already subject to the rule such as after “corporation or partnership” [found in REMOVE/ADD table].</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">(j)(6)</ENT>
                            <ENT>(j)(7)</ENT>
                            <ENT>paragraph (j)(7) would be redesignated as paragraph (j)(6).</ENT>
                        </ROW>
                    </GPOTABLE>
                    <HD SOURCE="HD2">Miscellaneous part 679 Changes</HD>
                    <P>NMFS proposes several revisions and edits to the regulations at 50 CFR part 679. Miscellaneous revisions include updating text to new procedures, removing outdated text, correction of cross references, addition of a prohibition regarding operation types on an FFP, revisions regarding the Sitka Pinnacles Marine Reserve, and revisions regarding the safety of observers who are transferred at sea between vessels. Table 14 summarizes these revisions.</P>
                    <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="s30L,xl30L,xl140L">
                        <TTITLE>Table 14. Miscellaneous part 679 Revisions and Edits</TTITLE>
                        <BOXHD>
                            <CHED H="1">part 679 Location</CHED>
                            <CHED H="1">Derived from</CHED>
                            <CHED H="1">Reason for change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.1 introductory text</ENT>
                            <ENT> </ENT>
                            <ENT>to correctly cite the authorizing laws [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.1(a)(2)</ENT>
                            <ENT> </ENT>
                            <ENT>to correctly cite the State of Alaska regulation [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.7(a)(1)(iii)</ENT>
                            <ENT>new</ENT>
                            <ENT>to provide a prohibition regarding operation type(s) on an FFP. This new provision would prohibit fishing operations other than what is specified on the vessel's FFP. This would support the changes made to § 679.4(b)(3) to simplify vessel operations categories.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.20(e) heading</ENT>
                            <ENT> </ENT>
                            <ENT>to add the abbreviation “MRA”. This would provide reference to the abbreviation which is found throughout the text [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.20(g)(2)(iii)</ENT>
                            <ENT> </ENT>
                            <ENT>to correct a cross reference [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.21(a)(2)</ENT>
                            <ENT> </ENT>
                            <ENT>to correct an inadvertent omission of SFPs [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.21(e)(1)(ii)</ENT>
                            <ENT> </ENT>
                            <ENT>to correct a cross reference [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.21(e)(7)(vii)</ENT>
                            <ENT> </ENT>
                            <ENT>to describe the applicable time period [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35774"/>
                            <ENT I="22">§ 679.22(b)(1)(iii)</ENT>
                            <ENT> </ENT>
                            <ENT>by removing “open to any trawl other than a pelagic trawl gear year round” and replacing it with “open unless otherwise closed to trawling.”  [found in REMOVE/ADD table].</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.22(b)(5)(i)</ENT>
                            <ENT> </ENT>
                            <ENT>to revise text regarding groundfish fishing in the Sitka Pinnacles Marine Reserve, a closed area. This revision would not add any new requirements but would rather rearrange the text to describe that an FFP holder and any vessel named on an FFP may not anchor in the Reserve.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.22(b)(5)(ii)</ENT>
                            <ENT> </ENT>
                            <ENT>to  revise text that prohibits vessels with FFP's and IFQ permits from fishing and anchoring in the Sitka Pinnacles Marine Reserve, a closed area. This revision would state that persons, in addition to vessels, fishing under an IFQ halibut or sablefish permit may not fish or anchor in the Sitka Pinnacles Marine Reserve. It would further state that a vessel with an IFQ permit holder or IFQ card holder onboard may not be anchored in the Sitka Pinnacles Marine Reserve.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.40(c)(3)</ENT>
                            <ENT> </ENT>
                            <ENT>to amend text regarding an IFQ permit. To remove “accompanied by a statement” and “as of January 31 of that year”, because NMFS no longer requires these provisions. To remove “after the beginning of each fishing year but prior to the start of the annual IFQ fishing season” and replacing it with “prior to the start of the IFQ fishing season”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.40(h) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">Properly debited landing.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.40(h)(1) introductory text</ENT>
                            <ENT>§ 679.42(c)(2) introductory text</ENT>
                            <ENT>§ 679.42(c)(2) introductory text would be redesignated as § 679.40(h)(1) introductory text and revised by removing “debit a CDQ or IFQ account” and replacing it with “debit a CDQ halibut, IFQ halibut, or IFQ sablefish account”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.40(h)(1)(i)</ENT>
                            <ENT>§ 679.42(c)(2)(i)</ENT>
                            <ENT>§ 679.42(c)(2)(i) would be redesignated as § 679.40(h)(1)(i) and two cross references would be corrected.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.40(h)(1)(ii)</ENT>
                            <ENT>§ 679.42(c)(2)(ii)</ENT>
                            <ENT>
                                1
                                <SU>st</SU>
                                 sentence of § 679.42(c)(2)(ii) would be redesignated as § 679.40(h)(1)(ii) and the words “(in pounds)” added to correlate with eLandings requirements and to provide a more precise instruction.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.40(h)(2)</ENT>
                            <ENT>§ 679.42(c)(2)(ii)</ENT>
                            <ENT>
                                2
                                <SU>nd</SU>
                                 sentence of § 679.42(c)(2)(ii) would be redesignated as § 679.40(h)(2) and revised to remove unnecessary text.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.40(h)(3)</ENT>
                            <ENT>§ 679.5(l)(2)(i)(A)</ENT>
                            <ENT>§ 679.5(l)(2)(i)(A) would be redesignated as § 679.40(h)(3), “IFQ sablefish catch must be” would be removed and replaced with “IFQ sablefish catch onboard a vessel must be”.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 679.50(g)(1)(ix)(A)</ENT>
                            <ENT> </ENT>
                            <ENT>This change would revise text regarding at-sea transfer of an observer by removing “via small boat or raft”. The result of this revision would be to increase safety of observer transfers regardless of the method of transfer. The change would also strengthen OLE's ability to respond to unsafe observer transfer incidents. The OLE recently took enforcement action against a vessel operator who conducted a transfer of a NMFS certified observer at sea, at night, and without the observer's consent. The transfer occurred between two vessels which were nested side to side. While the facts of the case were felt to have merit, the transfer was not conducted via raft or small boat; therefore, the elements of the violation were determined to have not been met.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">§ 679.61(d)(1) and § 679.61(e)(1)</ENT>
                            <ENT> </ENT>
                            <ENT>to correct a cross reference error [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                    </GPOTABLE>
                    <HD SOURCE="HD2">Figures to part 679</HD>
                    <P>NMFS proposes changes for Figures 3a, 5, 7, and 12 to part 679. The revisions to the figures add cross references to pertinent regulatory text, revise text within the figures, and reconcile figure titles and graphics with regulatory text. Table 15 summarizes these changes.</P>
                    <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="3L,xl40L">
                        <TTITLE>Table 15. Changes to part 679 Figures</TTITLE>
                        <BOXHD>
                            <CHED H="1">Figure No.</CHED>
                            <CHED H="1">Reason for Change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s">
                            <ENT I="22">3a</ENT>
                            <ENT>by redrawing the boundary to show that Reporting area 610 ends at 170 degrees, not 171 degrees as shown on the illustration.  This revision would bring the graphic and regulatory coordinates into agreement.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">5a</ENT>
                            <ENT>by removing the current figure title and adding in its place “Kodiak Island Closure Status for Vessels Using Non-pelagic Trawl Gear (see § 679.22(b)(1)).” The legend text “Type III Areas Open: reserved for announced closures” would be replaced with “Type III Areas Open: unless otherwise closed to trawling.”</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <PRTPAGE P="35775"/>
                            <ENT I="22">7</ENT>
                            <ENT>by adding “(see § 679.24(d)(4))” at the end of the figure title to assist the reader in finding related text. Text within the figure would be revised by removing “DUTCH HARBOR” and by adding in its place “BERING SEA” for consistency between the figure and regulatory text.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">12</ENT>
                            <ENT>by revising the figure title to read “Bristol Bay Trawl Closure Area (see § 679.22(a)(9))”. In addition, the legend text “Nearshore Bristol Bay Trawl Closure Area: CLOSED ALL YEAR” would be replaced with “Bristol Bay, as described in the current edition of NOAA chart 16006, is closed at all times in the area east of 162°00′ W. long.” These revisions would reconcile the areas described in the figure with the text.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <HD SOURCE="HD2">Tables to part 679</HD>
                    <P>NMFS would remove Table 1 and replace it with Tables 1a, 1b, and 1c. NMFS proposes changes to Tables 2a, 2b, 2d, 4, 9, 10, 11, 12, 14a, 14b, and 15 to part 679 for use with IERS and also to correct minor errors. Table 16 summarizes these changes.</P>
                    <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="5L,xl40L">
                        <TTITLE>Table 16. Changes to part 679 Tables</TTITLE>
                        <BOXHD>
                            <CHED H="1">Table No.</CHED>
                            <CHED H="1">Reason for Change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s">
                            <ENT I="22">1</ENT>
                            <ENT>Table 1 would be split into Table 1a , Table 1b, and Table 1c. This change would accommodate eLandings codes.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">1a</ENT>
                            <ENT>
                                to add title “
                                <E T="03">Delivery Condition and Product Codes</E>
                                ” to accommodate eLandings. Shellfish codes would be added from Tables 3a and 3b to part 680: 75 (soft shell crab), 79 (deadloss), 80 (sections), and 81 (meat) and one additional code, 76 (bitter crab).
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">1b</ENT>
                            <ENT>
                                to add title “
                                <E T="03">Discard and Disposition Codes</E>
                                ”, list the discard and disposition codes previously in Table 1; add code 60 (whole fish sold for human consumption), code 61 (bait/whole fish sold), code 62 (overage), code 63 (confiscated), code 64 (tagged fish, exempt from IFQ), code 79 (deadloss, crab only), and code 87 (halibut retained for future sale). Remove code 02 (whole fish/bait, sold). These changes would accommodate IERS.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">1c</ENT>
                            <ENT>
                                to add title “
                                <E T="03">Product Type Codes</E>
                                ” and list the product designation codes previously listed in Table 1.
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">2a</ENT>
                            <ENT>to add “North Pacific” to the term “Octopus” and to add “majestic” to the term “Squid” to better define these terms.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">2b</ENT>
                            <ENT>to remove crab species previously listed in Table 2d and list them in Table 2b to keep all shellfish together. Scientific names for the prohibited species in this table would be added. The management program under which these codes are used (CR crab or Groundfish PSC) would be added to distinguish between these programs and the different use of crab. When in the CR Program, participants directly fish for crab and record the crab as catch. In the groundfish fisheries, these same crab are prohibited, must be returned to the sea, and are recorded as PSC discard. These changes to Table 2b would accommodate IERS.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">2d</ENT>
                            <ENT>to add species codes “880 Pacific oyster”, “211 Wrymouth”, and “217 wolf eel”; to remove “720 albacore” and “515 surf smelt”; to revise 810 to read “Washington butter clam”, 815 to read “Pacific geoduck clam”, 840 to read “Pacific littleneck clam”, 830 to read “Pacific razor clam”, and 812 to read “Arctic surf clam” and create a subsection for shellfish to accommodate IERS.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">4</ENT>
                            <ENT>to correct a typographical error for the latitude for Chowiet Island.; the coordinates are correct on Table 5.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">9</ENT>
                            <ENT>by removing “daily production report (DPR)” and “SPELR”, because these items would be removed from the regulations. This action also would add records for eLandings and update records for VMS. In addition, scale and weight records would be updated and a new record would be added for a video monitoring system which was added by the rockfish final rule although Table 9 was not changed to reflect the addition.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">10</ENT>
                            <ENT>by adding footnote 12 to describe an existing term, “aggregated non-groundfish”. This would amend this term and describe its use in determining maximum retainable amounts (MRAs) for GOA incidental catch species. The footnote would specifically state that IFQ halibut are considered part of the basis species, “aggregated non-groundfish”.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">11</ENT>
                            <ENT>by adding an eighth footnote to describe an existing term, “aggregated non-groundfish”. This addition would further explain these terms and their use in determining maximum retainable amounts (MRAs) for BSAI incidental catch species; the footnote specifically states that IFQ and CDQ halibut are considered part of the basis species, “aggregated non-groundfish.” Changes to footnotes 4 and 7 would update the table cross reference. A change to footnote 3 would remove outdated text. The last sentence of footnote 4 would be removed, because NMFS no longer manages these three species as a species group in the CDQ Program. They are managed as three individual quota categories, the same as they are managed for the non-CDQ fisheries in the BSAI.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">12</ENT>
                            <ENT>to correct a typographical error for the latitude for Chowiet Island; the coordinates are correct on Table 5.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">14a</ENT>
                            <ENT>to add a port code for Larson Bay, Alaska, and to remove a port code for Halibut Cove, Alaska. These changes would accommodate eLandings.</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">14b</ENT>
                            <ENT>to add a port code for Vancouver, British Columbia, Canada. This change would accommodate eLandings.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">15</ENT>
                            <ENT>to divide the table into 3 subsections - NMFS &amp; ADF&amp;G Gear Codes, ADF&amp;G Gear Codes, and Fixed Gear. This would also remove outdated material, and add new material required for eLandings.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <HD SOURCE="HD2">Miscellaneous Revisions to part 680</HD>
                    <P>
                        NMFS proposes several changes to 50 CFR part 680 that would correct miscellaneous errors, revise certain definitions, reorganize eLandings text, and add a CR Registered Crab Receiver Ex-vessel Volume and Value Report. Table 17 summarizes these changes.
                        <PRTPAGE P="35776"/>
                    </P>
                    <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="s30L,xl30L,xl140L">
                        <TTITLE>Table 17. Miscellaneous Revisions to part 680</TTITLE>
                        <BOXHD>
                            <CHED H="1">Paragraph under part 680</CHED>
                            <CHED H="1">Derived from</CHED>
                            <CHED H="1">Reason for change</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Paragraphs (1) through (4) of the definition for “Crab individual fishing quota (crab IFQ)” § 680.2</ENT>
                            <ENT> </ENT>
                            <ENT>to revise “Catcher vessel crew (CVC) IFQ”, “Catcher vessel owner (CVO) IFQ”, “Catcher/processor owner (CPO) IFQ”, and “Catcher/processor crew (CPC) IFQ” such that each is a unique and complete description of the term.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Definition for “sideboards” under § 680.2</ENT>
                            <ENT>new</ENT>
                            <ENT>to read: “(see § 680.22)”. This definition is explained in introductory paragraph 680.22. Because the term “sideboards” is used frequently in the text, the addition of a cross reference would be helpful to the reader.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 680.4(d)(3)</ENT>
                            <ENT> </ENT>
                            <ENT>to include cooperatives in IFQ permit issuance. Current language limits IFQ issuance to QS holders and does not include cooperatives in the IFQ permit issuance. Cooperatives file annual applications for IFQ permits and receive IFQ permits but do not hold QS. Also, recipients of transfers may not be eligible for IFQ or IPQ without completing an annual application for IFQ/IPQ with the transfer. The proposed language is necessary to allow for all parties that may be able to receive IFQ, to receive it.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 680.5(a)(2)(i)(G)</ENT>
                            <ENT> </ENT>
                            <ENT>to correct a cross reference to read “§ 679.5(e)(9)”. This change would provide the new location for the CR crab landing report information [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 680.5(b)</ENT>
                            <ENT> </ENT>
                            <ENT>removed; this information would be integrated into § 679.5.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 680.5(b) heading</ENT>
                            <ENT>new</ENT>
                            <ENT>
                                to read “
                                <E T="03">IFQ crab landings.</E>
                                ”
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 680.5(b)(1)</ENT>
                            <ENT>§ 680.5(d)</ENT>
                            <ENT>to add a cross reference to § 679.5(e).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 680.5(b)(2)</ENT>
                            <ENT>§ 680.5(b)(1)</ENT>
                            <ENT>to remove “retained crab catch” and replace it with “landed crab catch” and to add a cross reference to § 679.5(e).</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 680.5(c) and (d)</ENT>
                            <ENT> </ENT>
                            <ENT>removed; these paragraphs would be integrated into § 679.5.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 680.5(m)</ENT>
                            <ENT> </ENT>
                            <ENT>to add a CR Registered Crab Receiver Ex-vessel Volume and Value Report. Addition of this form would change the requirement to report the price from mandatory to optional on the IFQ crab landing report, because the price is not accurate at the time of landing. An additional effect would be the removal of a requirement for an RCR who receives a landing of CR crab harvested under the CDQ or Adak community allocation programs to submit for each landing the price per pound. Instead, each RCR would be required to submit a CR Registered Crab Receiver Ex-vessel Volume and Value Report near the end of the crab fishing year. An accurate report of crab value is important for assessing fees for the CR crab fisheries.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 680.7(e)(1)</ENT>
                            <ENT> </ENT>
                            <ENT>to state that a legible copy of a valid crab IFQ permit is required to be onboard, not the original IFQ permit [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 680.20(g)(2)(ix)</ENT>
                            <ENT> </ENT>
                            <ENT>to remove a cross reference to a paragraph that no longer exists [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 680.23(b)(4)</ENT>
                            <ENT> </ENT>
                            <ENT>
                                to correct text by removing “Land all product processed onboard” and replacing it with “Offload all CR crab product processed onboard”.
                                <LI> </LI>
                                <LI>In addition, by removing “on a scale approved by a state in which CR crab is landed” and replacing it with “on a scale approved by the state in which the CR crab product is removed from the vessel that harvested the CR crab”. This would state that CR crab product can be offloaded in a state other than Alaska and weighed on a scale certified by that State.</LI>
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">§ 680.40(c)(2)(vi)(A)</ENT>
                            <ENT> </ENT>
                            <ENT>to correct a cross reference [found in REMOVE/ADD Table].</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">§ 680.44(a)(2)(i)</ENT>
                            <ENT> </ENT>
                            <ENT>to correct the text to exclude personal use/ deadloss/ confiscated crab from calculation of fees. Personal use and deadloss crab are debited from the IFQ holder's allocation; however, they do not have ex-vessel values and are not considered in assessing fees. Crab confiscated by NMFS or the State of Alaska, for example crab harvests in excess of the IFQ amount, are not subject to the fees under § 680.44. This proposed language revises the regulations to state that fees are not assessed for these types of crab.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <HD SOURCE="HD1">Classification</HD>
                    <P>Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, NMFS has determined that this proposed rule is consistent with the FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.</P>
                    <P>This proposed rule has been determined to be not significant for purposes of Executive Order 12866.</P>
                    <P>
                        A Regulatory Impact Review/Initial Regulatory Flexibility Analysis (RIR/
                        <PRTPAGE P="35777"/>
                        IRFA) was prepared, as required by section 603 of the Regulatory Flexibility Act (RFA). The RIR/IRFA describes the economic impact this proposed rule would have on small entities, if adopted. A description of the action, the reasons why it is being considered, and a statement of the objectives of, and legal basis for, this action are contained earlier in the preamble and are not repeated here. A summary of the analysis follows. A copy of this analysis is available from NMFS (see 
                        <E T="02">ADDRESSES</E>
                        ).
                    </P>
                    <P>This RIR/IRFA evaluates the following regulatory amendments:</P>
                    <P>• Provide an option for operators of trawl catcher vessels and catcher/processors, longline or pot catcher vessels and catcher/processors, and motherships operating in the GOA and the BSAI in the EEZ off the coast of Alaska to substitute an ELB for the DFL or DCPL that is currently required.</P>
                    <P>• Provide the process and criteria by which a private software vendor could get ELB software approved for use in the Alaska Region groundfish fisheries.</P>
                    <P>• Implement regulations for the eLandings data entry component of IERS that would be used for reporting commercial fishery landings and production data and allow fishery participants to use the Internet to enter data only once for subsequent distribution to the ADF&amp;G, the IPHC, and NMFS, as appropriate.</P>
                    <P>• Reorganize regulations for logbooks to provide complete information for each logbook in its own section in order to make the regulations more accessible and easier to use.</P>
                    <P>• Provide uniform language for and revise permit-related regulations governing fishing activities in FMP fisheries in the GOA and BSAI in the EEZ off the coast of Alaska. The proposed minor revisions would improve enforcement of the regulations at 50 CFR part 679, by revising text, where necessary, such that the regulations are specific, especially regarding permits and permit-related issues.</P>
                    <P>• Revise 50 CFR part 680 by removing IFQ crab landing report regulations for incorporation into § 679.5 IERS description and by adding a requirement for a CR Registered Crab Receiver Ex-vessel Volume and Value Report.</P>
                    <P>• Revise a groundfish observer provision regarding at-sea vessel-to-vessel transfers, and</P>
                    <P>• Make miscellaneous revisions to fishing regulations at 50 CFR parts 679 and 680</P>
                    <HD SOURCE="HD2">Electronic logbooks (ELBs)</HD>
                    <P>NMFS proposes to provide the process and criteria by which a private-sector software vendor could obtain approval for ELB software in the Alaska Region groundfish fisheries.</P>
                    <P>NMFS proposes to provide an option for operators of trawl catcher vessels and catcher/processors, longline or pot catcher vessels and catcher/processors, and motherships operating in the GOA and the BSAI in the EEZ off the coast of Alaska to substitute an ELB for the DFL or DCPL that is currently required.</P>
                    <P>This action would allow ELBs for voluntary use by fishery participants to replace the DFL for trawl gear catcher vessels and longline or pot gear catcher vessels. ELBs would also be allowed for use by fishery participants to replace the DCPL used by trawl gear catcher/processors, longline or pot gear catcher/processors, and motherships to voluntarily fulfill daily catch recordkeeping and reporting requirements.</P>
                    <P>The potential universe of directly regulated small entities using an ELB includes trawl catcher vessels and longline or pot catcher vessels operating in Federally regulated fisheries off of the coast of Alaska, with total annual gross receipts, from all sources, of less than $ 4.0 million, and no affiliations with an AFA inshore cooperative. Based upon these criteria, 64 trawl catcher vessel entities could be considered small entities. This count may overstate the actual number of small trawl catcher vessels, since some of these may have had affiliations (e.g., non-AFA joint ventures with processing companies, interlocking ownership arrangements among multiple catcher vessel operations), or because of gross revenues earned in fisheries from other regions that, when taken in total, exceeded the $ 4.0 million annual limit.</P>
                    <P>The 64 small trawl catcher vessels had average gross revenues of about $480,000 and median gross revenues of about $400,000. The 64 vessels, taken together, had gross revenues of about $31 million. Most of these revenues, about $24 million, came from federally managed groundfish fisheries. Just over half of these groundfish revenues were derived from Pacific cod, and just over a quarter came from pollock fishing. Significant additional revenues were derived from sablefish and other groundfish. Most of the rest of the revenues earned by these vessels, about $5 million, came from fishing for halibut. Smaller amounts of revenues came from crab, salmon, and herring fisheries.</P>
                    <P>In 2004, there were 65 catcher/processors with gross revenues in excess of $4 million, and 18 catcher/processors with gross revenues less than $4 million (estimates supplied by the Alaska Fisheries Science Center). There were, thus, an estimated 18 small entities among the catcher/processor sector. These estimates do not take account of affiliations among catcher/processors, and they do not take account of revenues earned outside of the waters off Alaska, therefore they may overstate the true number of small catcher/processors. Two of the small catcher/processors will be required by this action to start reporting using IERS. These vessels appear on the list of vessels currently using electronic reporting and on the Alaska Fisheries Science Center list of small catcher/processors.</P>
                    <P>The small catcher/processors were predominately hook-and-line vessels (14 out of 18), although there were also a few small pot (two) and trawl (three) catcher/processors. Small catcher/processors operating off Alaska earned an average of $2.6 million in 2004, from all fishing activity in the EEZ off Alaska, and in the waters of the State (estimate supplied by the Alaska Fisheries Science Center).</P>
                    <P>NMFS considered two alternatives for implementation of the ELBs: the status quo and action alternatives. The action alternative would allow participants to voluntarily use an ELB instead of a DFL or DCPL, but would not require firms to encounter additional costs, because all processors participating in Federal fisheries have access to a computer.</P>
                    <P>
                        NMFS interacted with the fishing industry on the use of ELBs during a pilot project described in the RIR/IRFA wherein a trawl gear ELB created by a private vendor was used by catcher vessels. An early version of this analysis included a provision requiring that fishing operations using the ELB software file a report with NMFS within 24 hours of delivering their product. This provision was eliminated from the alternatives following industry consultations during the preparation of the IRFA. The provision was expected to impose an undue burden on operations that were using the software voluntarily and perhaps slow its adoption rate. An examination of existing response rates indicated that about 32 percent of these reports have been received by NMFS within 24 hours of the landing, and about 73 percent have been received within 48 hours of the landing. The action alternative relaxes a constraint on the public, and if anything reduces data entry costs relative to the DFL and DCPL.
                        <PRTPAGE P="35778"/>
                    </P>
                    <HD SOURCE="HD2">Interagency Electronic Reporting System (IERS)</HD>
                    <P>NMFS proposes to implement regulations for the eLandings data entry component of IERS that would be used for reporting commercial fishery landings and production data and allow fishery participants to use the Internet to enter data only once for subsequent distribution to the ADF&amp;G, the IPHC, and NMFS, as appropriate. The small entities (according to the Small Business Administration (SBA) criteria) that might be directly regulated by this action included nine catcher-processors, 13 shoreside processing firms, no shoreside floating processors, and 206 IFQ registered buyers. Total costs for the small entities were estimated to be $21,200, or about $100 per firm. Small catcher-processors were estimated to have 2004 gross revenues averaging about $2.6 million, small shoreside processors were estimated to have 2004 gross revenues averaging about $22 million. Average revenues for IFQ registered buyers are unknown.</P>
                    <P>NMFS considered two alternatives for the IERS and eLandings: the status quo and action alternatives. Under the action alternative, NMFS would provide web-based entry of data by processors through the IERS. IERS meets the reporting requirements of NMFS, ADF&amp;G, and IPHC, and thus reduces redundant reporting to multiple agencies. For NMFS, the implementation of the IERS would replace the SPELR for entering groundfish data and would also replace the IFQ online system for entering IFQ halibut, CDQ halibut, and IFQ sablefish data.</P>
                    <P>IERS is a joint project of ADF&amp;G, IPHC, and NMFS. If NMFS adopted a different system, confusion would result for the fishing industry and industry costs would be increased. A different system, in this instance, would compromise our ability to meet the objectives of the action. Therefore, additional alternatives were not evaluated.</P>
                    <HD SOURCE="HD2">Regulatory text reorganization</HD>
                    <P>NMFS proposes to reorganize and revise § 679.5(a) and (c), such that each of the six groundfish logbooks is described in an individual section of regulatory text, separately, completely, and clearly. This action would make the regulations easier for the public to use. Regulations for processor forms also would be revised and reorganized in this rule. Currently, these regulations are arranged into tables by data element relating to multiple logbooks and forms. The reader must consult several places in the regulations to find complete requirements for any given logbook or form. The original organization of the regulations was designed by “information item” for use from the perspective of fishery managers and enforcement staff. This action would consolidate all of the requirements for each form and logbook into individual sections in § 679.5.</P>
                    <P>NMFS considered two alternatives for the reorganization of regulations: the status quo and action alternatives. Under the No Action alternative, the regulations at § 679.5 would remain without reorganization. The regulations at § 679.5 would remain arranged into tables by data element relating to multiple logbooks and forms causing the reader to consult several places in the regulations to find complete requirements for any given logbook or form. Under the regulatory scenario of the No Action alternative, participants would likely face increased R&amp;R regulatory uncertainty and a loss of efficiency. Under the action alternative, NMFS would reorganize and revise regulations at § 679.5 such that each of the six groundfish logbooks is described in regulatory text, separately, completely, and clearly. Under the regulatory scenario of the Action alternative, participants would enjoy increased R&amp;R regulatory certainty and a gain of efficiency.</P>
                    <HD SOURCE="HD2">Permits</HD>
                    <P>NMFS would provide uniform language for and revise permit-related regulations governing fishing activities in FMP fisheries in the GOA and BSAI in the EEZ off the coast of Alaska. These proposed minor revisions would improve enforcement of the regulations at 50 CFR part 679 by clarifying and simplifying text, especially regarding permit-related issues. This action would apply to 1,013 small entities, consisting of 906 catcher vessels, 18 catcher/ processors, 80 shoreside processors, 3 stationary floating processors, and 6 CDQ groups.</P>
                    <P>NMFS considered two alternatives for the permit-related revisions: the status quo and action alternatives. The No Action alternative would maintain the inconsistency of regulatory language regarding permit-related issues, for example, by maintaining the term “federally regulated” and by not replacing it with the specific permit that relates to the paragraph. This would maintain the inconsistency in determination of which permit authorizes which activity. Under the Action alternative, NMFS would “tighten up” the regulations as they relate to permits, for example, regulatory text would be made specific as to whether a permit is issued to a person or to a vessel. Under the action scenario, NMFS would clarify ambiguities in the regulatory text concerning permit-related and would improve enforcement of the regulations at 50 CFR part 679.</P>
                    <HD SOURCE="HD2">Revise 50 CFR part 680</HD>
                    <P>
                        <E T="03">eLandings Landing Report.</E>
                         NMFS would revise regulations at 50 CFR part 680 by removing IFQ crab landing report regulations for incorporation into the § 679.5(e) eLandings regulations. The eLandings landing report originally was created for CR crab, but with approval of this rule, would be used for reporting groundfish, IFQ halibut, CDQ halibut, and IFQ sablefish as well.
                    </P>
                    <P>NMFS considered two alternatives for the eLandings regulatory revisions: the status quo and action alternatives. Under the No Action scenario, the regulations for use of eLandings for the CR crab fisheries would remain at § 680.5 and the regulations for use of eLandings for other fisheries would be in § 679.5(e). This would allow duplication between the two sets of regulations and introduce confusion.</P>
                    <P>Under the action alternative, NMFS would remove regulatory text from § 680.5(b), (c) and (d) that describe the use of eLandings for CR crab and would integrate that text into regulations at § 679.5(e). This change would allow all related information for the eLandings landing report to be found in one section for groundfish, CR crab, IFQ halibut, IFQ sablefish, and CDQ halibut.</P>
                    <P>
                        <E T="03">CR Registered Crab Receiver Ex-vessel Volume and Value Report.</E>
                         NMFS would add a new form, the CR Registered Crab Receiver Ex-vessel Volume and Value Report, to be submitted by participants near the end of the crab fishing year. This report is similar to a report required by regulations implementing the NMFS Alaska Region IFQ Program for Pacific halibut and sablefish. The regulations for the form would be described at § 680.5(m).
                    </P>
                    <P>
                        NMFS considered two alternatives for the addition of this form: the status quo and action alternatives. Under the No Action scenario, the requirement to report the price paid for crab during landing through eLandings would remain mandatory. This would mean that the crab price would be inaccurate, because the price at the time of landing does not include post-delivery or end-of-season adjustments. An inaccurate report of crab value would then be used to assess fees for participants in the CR crab fisheries, required by the Magnuson-Stevens Act (Section 304(d)(2)(B)). Inaccurate fees could 
                        <PRTPAGE P="35779"/>
                        result in less than sufficient amounts to manage the CR Program.
                    </P>
                    <P>The Action Alternative would add the new form to collect crab price information from CR Crab Registered Crab Receivers (RCRs). The form would collect information used to assess fees on an annual basis, which is a statutory requirement. NMFS considered but rejected more frequent or less frequent collection of the price information. NMFS, Restricted Access Management (RAM) would collect the price information to establish a “standard” ex-vessel price for CR Crab. The standard price would be used to estimate the cost recovery fees due from processors and harvesters; the participants may not participate in the CR fisheries if fees are not paid. The cost recovery fees would be used to support management of the CR Program. An additional effect would be the removal of a requirement for an RCR who receives a landing of CR crab harvested under the CDQ or Adak community allocation programs to submit for each landing the price per pound. Instead, each RCR would be required to submit a CR Registered Crab Receiver Ex-vessel Volume and Value Report near the end of the crab fishing year. In addition, this form would change from mandatory to optional the requirement to report through eLandings the price paid for crab when landed.</P>
                    <HD SOURCE="HD2">Groundfish Observer Provision Regarding At-sea Vessel-to-vessel Transfers</HD>
                    <P>The Fisheries Monitoring and Analysis Division (FMA) monitors groundfish fishing activities in the EEZ off Alaska and conducts research associated with sampling commercial fishery catches, estimation of catch and bycatch mortality, and analysis of fishery-dependent data. As part of the FMA's North Pacific Observer Program, approximately 400 fishery observers spend up to 90 consecutive days each year at sea or at processing plants collecting data used for management of the Alaskan groundfish fisheries. On occasion, the need occurs for a crab fisherman to transfer an observer at sea from one vessel to another vessel.</P>
                    <P>NMFS considered three alternatives for the observer at-sea transfer revisions: the status quo and 2 action alternatives. Under the No Action Alternative, the regulatory text would not be changed.</P>
                    <P>Under the Action 1 Alternative, the preferred alternative, NMFS would revise a groundfish observer provision regarding at-sea vessel-to-vessel transfers by removing “via small boat or raft” from the regulations at § 679.50(g)(1)(ix)(A). This revision would improve the safety of an observer undergoing a transfer at sea. The text to be removed restricts the type of observer transfer to boat or raft. This text removal would require other types of at-sea transfer to be conducted during daylight hours, under safe conditions, and with the agreement of observers involved.</P>
                    <P>Under the Action 2 Alternative, NMFS would prohibit the transfer of an observer at sea. Most of the at-sea transfers are done by companies that own two or more less-than-100%-covered vessels and that use one observer to accomplish observer coverage requirements on these vessels. This revision would require an observer to be transferred only at the dock, resulting in increased costs for the company, caused by vessels having to return to the dock to pick up or drop off an observer. This alternative was rejected for further analysis because the incremental improvement in observer safety appeared to come at a disproportionate cost to fishing operations.</P>
                    <HD SOURCE="HD2">Miscellaneous Revisions to Fishing Regulations at 50 CFR parts 679 and 680</HD>
                    <P>NMFS proposes to amend regulations in parts 679 and 680 in order to improve clarity and efficiency.</P>
                    <P>NMFS considered two alternatives for the miscellaneous regulatory revisions: the status quo and action alternatives. Under the No Action Alternative the regulatory text would not be changed. Under the Action Alternative, NMFS would amend regulations at § 679.5 and part 680, by adding and revising definitions, adding or correcting cross references, removing obsolete text, adding new text, codifying certain existing practices, and revising figures and tables to part 679.</P>
                    <P>These changes would facilitate management of the fisheries, promote compliance with the regulations, and facilitate enforcement efforts.</P>
                    <P>This proposed rule contains collection-of-information requirements that are subject to review and approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA) and which have been approved by OMB. The collections are listed below by OMB Control Number.</P>
                    <HD SOURCE="HD2">OMB Control Number 0648-0206</HD>
                    <P>Public reporting burden is estimated to average per response: 21 minutes for Federal fisheries permit and 21 minutes for Federal processor permit.</P>
                    <HD SOURCE="HD2">OMB Control Number 0648-0213</HD>
                    <P>Public reporting burden is estimated to average per response: 31 minutes for shoreside processor DCPL; 31 minutes for mothership DCPL; 28 minutes for catcher vessel longline and pot gear DFL; 18 minutes for catcher vessel trawl DFL; 18 minutes for catcher vessel trawl ELB; 41 minutes for catcher/processor longline and pot gear DCPL; 30 minutes for catcher/processor trawl gear DCPL; 31 minutes for mothership DCPL; 23 minutes for buying station report; 7 minutes for check-in/check-out report, mothership or catcher/processor; 8 minutes for check-in/check-out report, shoreside processor; and 17 minutes for WPR.</P>
                    <HD SOURCE="HD2">OMB Control No. 0648-0272</HD>
                    <P>Public reporting burden for IFQ landing reports is estimated to average 18 minutes per response.</P>
                    <HD SOURCE="HD2">OMB Control Number 0648-0334</HD>
                    <P>Public reporting burden is estimated to average per response: one hour for groundfish and crab LLP transfer application and one hour for scallop LLP transfer application.</P>
                    <P>This proposed rule also contains collection-of-information requirements subject to review and approval by OMB under the PRA. These requirements have been submitted to OMB for approval. The collections are listed below by OMB Control Number, where available.</P>
                    <HD SOURCE="HD2">OMB Control Number 0648 0213</HD>
                    <P>Public reporting burden for specific requirements are estimated to average per response: 28 minutes for catcher vessel longline and pot gear ELB; 20 minutes for catcher/processor longline and pot gear ELB; 15 minutes for catcher/processor trawl gear ELB; and 15 minutes for mothership ELB.</P>
                    <HD SOURCE="HD2">OMB Control Number 0648-0515</HD>
                    <P>Public reporting burden for specific requirements are estimated to average per response: 15 minutes for IERS application processor registration; 35 minutes for eLandings landing report; 35 minutes for manual landing report; and 15 minutes for catcher/processor or mothership eLandings production data.</P>
                    <HD SOURCE="HD2">OMB Control Number 0648-new (crab reports)</HD>
                    <P>
                        Public reporting burden for specific requirements are estimated to average per response: 20 minutes for crab catcher/processor offload report, 40 hours for eligible crab community organization (ECCO) annual report; and 1 hour for CR Registered Crab Receiver Ex-vessel Volume and Value Report.
                        <PRTPAGE P="35780"/>
                    </P>
                    <P>These estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.</P>
                    <P>
                        Public comment is sought regarding: whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of information technology. Send comments on these or any other aspects of the collection of information to NMFS Alaska Region at the ADDRESSES above, and e-mail to 
                        <E T="03">David_Rostker@omb.eop.gov</E>
                        , or fax to 202-395-7285.
                    </P>
                    <P>Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number.</P>
                    <P>This action does not have any adverse impacts on regulated small entities.</P>
                    <LSTSUB>
                        <HD SOURCE="HED">List of Subjects in 50 CFR Parts 679 and 680</HD>
                        <P>Alaska, Fisheries, Recordkeeping and reporting requirements.</P>
                    </LSTSUB>
                    <SIG>
                        <DATED>Dated: June 19, 2007.</DATED>
                        <NAME>Samuel D. Rauch III</NAME>
                        <TITLE>Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.</TITLE>
                    </SIG>
                    <P>For the reasons set out in the preamble, NMFS proposes to amend 50 CFR parts 679 and 680 as follows:</P>
                    <PART>
                        <HD SOURCE="HED">PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA</HD>
                    </PART>
                    <P>1. The authority citation for part 679 continues to read as follows:</P>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>
                            16 U.S.C. 773 
                            <E T="03">et seq.</E>
                            ; 1540(f); 1801 
                            <E T="03">et seq;</E>
                             1851 note; 3631 
                            <E T="03">et seq.</E>
                        </P>
                    </AUTH>
                    <P>2. In § 679.2, add in alphabetical order definitions for “At-sea operation”, “eLandings”, “Interagency electronic reporting system (IERS)”, “Maximum retainable amount (MRA)”, “Non-IFQ groundfish”, “Non-individual entity”, “Permit”, “Shoreside processor electronic logbook report (SPELR)”, “Single geographic location”, “User”, “User identification (UserID)”, and “Week-ending date”; revise definitions of “Associated processor”, “Gear deployment (or to set gear)”, “Gear retrieval (or to haul gear)”, “Haul”, “Prohibited species catch (PSC)”, and “Tender vessel” to read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 679.2</SECTNO>
                        <SUBJECT>Definitions.</SUBJECT>
                        <STARS/>
                        <P>
                            <E T="03">Associated processor</E>
                             means:
                        </P>
                        <P>
                            (1) 
                            <E T="03">Relationship with a buying station.</E>
                             A mothership or catcher/processor issued an FFP, or a shoreside processor or SFP issued an FPP, with a contractual relationship with a buying station to conduct groundfish buying station activities for that processor.
                        </P>
                        <P>
                            (2) 
                            <E T="03">Relationship with a custom processor.</E>
                             A mothership or catcher/processor issued an FFP or a shoreside processor or SFP issued an FPP, with a contractual relationship with a custom processor to process groundfish on its behalf.
                        </P>
                        <P>
                            <E T="03">At-sea operation</E>
                             means, for purposes of eLandings, a catcher/processor or mothership that is receiving and/or processing fish in State waters and in waters of the EEZ off the coast of Alaska.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">eLandings</E>
                             means the Internet data entry system or desktop client components of the Interagency Electronic Reporting System (IERS) for reporting commercial fishery landings and production from waters off Alaska.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Gear deployment (or to set gear)</E>
                             (see § 679.5(c)(3)(vi)(B) for longline and pot gear; see § 679.5(c)(4)(vi)(B) for trawl gear).
                        </P>
                        <P>
                            <E T="03">Gear retrieval (or to haul gear)</E>
                             (see § 679.5(c)(3)(vi)(C) for longline and pot gear; see § 679.5(c)(4)(vi)(C) for trawl gear).
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Haul</E>
                             means the retrieval of trawl gear which results in catching fish or which does not result in catching fish; a test of new or repaired trawl gear; or when non-functional gear is pulled in, even if no fish are harvested. For enforcement purposes, all hauls of any type need to be recorded and numbered throughout the year, whether or not fish are caught.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Interagency electronic reporting system (IERS)</E>
                             means an interagency electronic reporting system that allows fishery participants to use the Internet or desktop client software to enter landings and production data for appropriate distribution to the ADF&amp;G, IPHC, and NMFS Alaska Region (see § 679.5(e)).
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Maximum retainable amount (MRA)</E>
                             (see § 679.20(e)).
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Non-IFQ groundfish</E>
                             means groundfish, other than IFQ sablefish.
                        </P>
                        <P>
                            <E T="03">Non-individual entity</E>
                             means a person who is not an individual or “natural” person; it includes corporations, partnerships, estates, trusts, joint ventures, joint tenancy, and any other type of “person” other than a natural person.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Permit</E>
                            , as that term is used in the Magnuson-Stevens Act, includes the terms permit, license, halibut CDQ card, halibut IFQ card, sablefish IFQ card, and any endorsements or designations on a license.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Prohibited species catch (PSC)</E>
                             means any of the species listed in Table 2b to this part.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Shoreside processor electronic logbook report (SPELR)</E>
                             (discontinued, see definition of “IERS” under this section).
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Single geographic location</E>
                             (see § 679.4(l)(5)(iii)).
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Tender vessel</E>
                             (see also the definition of “buying station” under this section) means a vessel that is used to transport unprocessed fish or shellfish received from another vessel to an associated processor.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">User</E>
                             means, for purposes of IERS and eLandings, a Registered Buyer; a Registered Crab Receiver; an owner, operator, manager of any mothership or catcher/processor that is required to have a Federal fisheries permit under § 679.4; any shoreside processor, SFP, or mothership that receives groundfish from vessels issued a Federal fisheries permit under § 679.4; any shoreside processor or SFP that is required to have a Federal processor permit under § 679.4; and his or her designee(s).
                        </P>
                        <P>
                            <E T="03">User identification (UserID)</E>
                            , for purposes of IERS and eLandings, means the string of letters and/or numbers that identifies the individual and gives him or her authorization to view and submit reports for specific operations or to otherwise use eLandings. To facilitate the management of Users and privileges and to provide for data security, a separate UserID is issued to each individual.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Week-ending date</E>
                             means the last day of the weekly reporting period which ends on Saturday at 2400 hours, A.l.t., 
                            <PRTPAGE P="35781"/>
                            except during the last week of each calendar year, when it ends at 2400 hours, A.l.t. December 31).
                        </P>
                        <STARS/>
                    </SECTION>
                    <P>3. In § 679.4:</P>
                    <P>A. Paragraph (a)(4) is removed and reserved.</P>
                    <P>B. Paragraphs (a)(1)(i)(A), (a)(3)(i), (a)(3)(iii), (b) heading, (b)(3), (b)(4), (b)(5) heading, (b)(5)(iv), (f) heading, (f)(2), (f)(4), and (l)(1)(iv) are revised.</P>
                    <P>C. Paragraphs (a)(1)(vii)(C), (a)(9), and (b)(5)(vi)(C) are added.</P>
                    <P>The revisions and additions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 679.4</SECTNO>
                        <SUBJECT>Permits.</SUBJECT>
                        <P>(a) * * *</P>
                        <P>(1) * * *</P>
                        <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="xl40L,xl40L,xl40L">
                            <BOXHD>
                                <CHED H="1">If program permit or card type is:</CHED>
                                <CHED H="1">Permit is in effect from issue date through end of:</CHED>
                                <CHED H="1">For more information, see...</CHED>
                            </BOXHD>
                            <ROW RUL="s,s,s">
                                <ENT I="22">(i) * * *</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s,s,s">
                                <ENT I="22">(A) Registered buyer</ENT>
                                <ENT>Until expiration date shown on permit</ENT>
                                <ENT>Paragraph (d)(3)(ii) of this section.</ENT>
                            </ROW>
                            <ROW RUL="s,s,s">
                                <ENT I="22">* * * * * * *</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s,s,s">
                                <ENT I="22">(vii) * * *</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s,s,s">
                                <ENT I="22">(C) Scallop license</ENT>
                                <ENT>Indefinite</ENT>
                                <ENT>Paragraph (g) of this section.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22">* * * * * * *</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                        </GPOTABLE>
                        <STARS/>
                        <P>(3) * * *</P>
                        <P>
                            (i) A person may obtain an application for a new permit or for renewal or revision of an existing permit for any of the permits under this section and must mail completed forms to the Program Administrator, RAM, P.O. Box 21668, Juneau, AK 99802-1668. With appropriate software, all permit applications may be completed onscreen and printed from the Alaska Region website at 
                            <E T="03">http://www.fakr.noaa.gov</E>
                            .
                        </P>
                        <STARS/>
                        <P>(iii) A separate permit must be obtained for each applicant, facility, or vessel, as appropriate to each Federal permit in this section. A copy of each permit application must be retained, whether the application is requesting an initial permit or renewing or revising an existing permit.</P>
                        <STARS/>
                        <P>
                            (9) 
                            <E T="03">Permit surrender.</E>
                             The Regional Administrator will recognize the voluntary surrender of a permit issued by the Regional Administrator if it is submitted by the person named on the permit, and will permanently terminate or will reissue in the same year or another year, the permit depending on the type of permit voluntarily surrendered as follows:
                        </P>
                        <P>
                            (i) 
                            <E T="03">Permit may not be surrendered.</E>
                             AFA permits, except the AFA inshore cooperative permit, may not be surrendered;
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Permanent surrender.</E>
                             A surrendered License Limitation Program (LLP) license for groundfish, crabs, and scallops, and quota share (QS) for rockfish, Pacific halibut, and sablefish will cease to exist and will not be subsequently reissued.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">Temporary surrender for remainder of fishing year.</E>
                             A community development quota (CDQ) and CDQ card, individual fishing quota (IFQ) and IFQ card (except hired master) , and community quota (CQ) permit will not be reissued in the same fishing year in which it was surrendered, but may be reapplied for and if approved, reissued in a subsequent fishing year to the permit holder of record.
                        </P>
                        <P>
                            (iv) 
                            <E T="03">Temporary surrender within a fishing year.</E>
                             A Federal fisheries permit (FFP), Federal processor permit (FPP), Aleutian Islands directed pollock fishery, Registered Buyer permit, and an IFQ card issued to a hired master may be reissued in the same fishing year in which it was surrendered to the permit holder of record.
                        </P>
                        <P>
                            (b) 
                            <E T="03">Federal fisheries permit (FFP)</E>
                             * * *
                        </P>
                        <STARS/>
                        <P>
                            (3) 
                            <E T="03">Vessel operations categories.</E>
                             An FFP authorizes a vessel owner to deploy a vessel to conduct operations in the GOA or BSAI under the following categories: catcher vessel, catcher/processor, mothership, tender vessel, or support vessel. A vessel may not be operated in a category other than as specified on the FFP.
                        </P>
                        <P>
                            (4) 
                            <E T="03">Duration</E>
                            —(i) 
                            <E T="03">Length of permit effectiveness.</E>
                             An FFP is in effect for three years from the effective date through the expiration date, unless it is revoked, suspended, surrendered under paragraph (a)(9) of this section, or modified under § 600.735 or § 600.740 of this chapter.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Surrendered permit.</E>
                             An FFP permit may be surrendered by the owner of record or agent by submitting the original FFP to Program Administrator, RAM Program, P.O. Box 21668, Juneau, AK 99802, by certified mail or other method that provides written evidence that NMFS Alaska Region received it. The receiving date of signature by NMFS staff is the date the permit was surrendered.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">Amended permit.</E>
                             An owner or operator, who applied for and received an FFP, must notify NMFS of any change in the permit information by submitting an FFP application found at the NMFS website 
                            <E T="03">http://www.fakr.noaa.gov</E>
                            . The owner or operator must submit the application by mail to: Program Administrator, RAM Program, P.O. Box 21668, Juneau, AK 99802 or by fax: 907-586-7354. Upon receipt and approval of a permit amendment, the Program Administrator, RAM, will issue an amended FFP.
                        </P>
                        <P>
                            (5) 
                            <E T="03">Contents of an FFP application</E>
                             * * *
                        </P>
                        <STARS/>
                        <P>
                            (iv) 
                            <E T="03">Area and gear information.</E>
                             Indicate the type of vessel operation. If catcher/processor or catcher vessel, indicate only the gear types used for groundfish fishing. If the vessel is a catcher/processor under 125 ft (18.3 m) LOA that is intended to process GOA inshore pollock or GOA inshore Pacific cod, mark the box for a GOA inshore processing endorsement.
                        </P>
                        <STARS/>
                        <P>(vi) * * *</P>
                        <P>(C) Selections for species endorsements will remain valid until an FFP is amended to remove those endorsements or the permit with these endorsements is surrendered or revoked.</P>
                        <STARS/>
                        <P>
                            (f) 
                            <E T="03">Federal processor permit (FPP)</E>
                             * * *
                        </P>
                        <STARS/>
                        <P>
                            (2) 
                            <E T="03">Contents of an FPP application.</E>
                             To obtain an FPP, the owner must complete an FPP application and provide the following information for each SFP and shoreside processor plant to be permitted:
                        </P>
                        <P>
                            (i) 
                            <E T="03">New or amended permit.</E>
                             Indicate whether application is for a new or amended FPP; and if a revision, the current FPP number. Indicate whether application is for a shoreside processor or an SFP.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Owner information.</E>
                             Indicate the name(s), permanent business mailing address, business telephone number, business fax number, and business e-mail address of all owners, and if applicable, the name of any person or company (other than the owner) who manages the operations of the shoreside processor or SFP.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">SFP information.</E>
                             Indicate the vessel name; whether this is a vessel of the United States; USCG documentation number; ADF&amp;G vessel registration number; ADF&amp;G processor code; the vessel's LOA (ft); registered length (ft); gross tonnage; net tonnage; shaft horsepower; homeport (city and state); 
                            <PRTPAGE P="35782"/>
                            and whether choosing to receive a GOA inshore processing endorsement. A GOA inshore processing endorsement is required in order to process GOA inshore pollock and GOA inshore Pacific cod.
                        </P>
                        <P>
                            (iv) 
                            <E T="03">Shoreside processor information.</E>
                             Indicate the shoreside processor's name; permanent business mailing address; physical location of plant at which the shoreside processor is operating (street, city, state, zip code); whether (YES or NO) the shoreside processor is replacing a previous processor at this facility, and if YES, name of previous processor; whether multiple processing businesses are using this plant; whether the owner named in paragraph (f)(2)(ii) of this section owns this plant; ADF&amp;G processor code; business telephone number; business fax number; and business e-mail address.
                        </P>
                        <P>
                            (v) 
                            <E T="03">Signature.</E>
                             The owner or agent of the owner of the shoreside processor or SFP must sign and date the application. If the owner is a company, the agent of the owner must sign and date the application.
                        </P>
                        <STARS/>
                        <P>
                            (4) 
                            <E T="03">Duration</E>
                            —(i) 
                            <E T="03">Length of effectiveness.</E>
                             An FPP is in effect for three years from the effective date through the date of permit expiration, unless it is revoked, suspended, surrendered under paragraph (a)(9) of this section, or modified under § 600.735 or § 600.740 of this chapter.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Surrendered permit.</E>
                             An FPP shall be surrendered by the owner of record or agent by submitting the original FPP to Program Administrator, RAM Program, P.O. Box 21668, Juneau, AK 99802, by certified mail or other method that provides written evidence that NMFS Alaska Region received it. The receiving date of signature by NMFS staff is the date the permit was surrendered.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">Amended permit.</E>
                             An owner or operator, who applied for and received an FPP, must notify NMFS of any change in the permit information by submitting an FPP application found at the NMFS website 
                            <E T="03">http://www.fakr.noaa.gov</E>
                            . The owner or operator must submit the application by mail to: Program Administrator, RAM Program, P.O. Box 21668, Juneau, AK 99802 or by fax: 907-586-7354. Upon receipt and approval of a permit amendment, the Program Administrator, RAM, will issue an amended FPP.
                        </P>
                        <STARS/>
                        <P>(l) * * *</P>
                        <P>(1) * * *</P>
                        <P>
                            (iv) 
                            <E T="03">Amended permits.</E>
                             AFA vessel and processor permits may not be used on or transferred to any vessel or processor that is not listed in the permit. However, AFA permits may be amended to reflect any change in the ownership of the vessel or processor by submitting this information to NMFS in a written letter.
                        </P>
                        <STARS/>
                    </SECTION>
                    <P>4. In § 679.5, remove paragraphs (j) and (m); and revise paragraphs (a) through (f), (g)(1) introductory text, (h), (i), (l)(1)(iv), and (l)(2) to read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 679.5</SECTNO>
                        <SUBJECT>Recordkeeping and reporting (R&amp;R).</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">General requirements</E>
                            —(1) 
                            <E T="03">Logbooks and forms.</E>
                             (i) The Regional Administrator will prescribe and provide logbooks and forms required under this section and described in Table 9 to this part. All forms may be completed onscreen and printed from the Alaska Region website at 
                            <E T="03">http://www.fakr.noaa.gov</E>
                            . The forms may be submitted as attachments to e-mails or may be faxed. Samples of logsheets also may be found on the website but may not be used for recordkeeping; only bound logbooks are acceptable.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Current editions.</E>
                             The operator or manager must use the current edition of the logbooks and forms or obtain approval from the Regional Administrator to use current electronic versions of the logbooks and forms. Upon notification and approval by the Regional Administrator, logbooks or forms from the previous year may be used.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">Management program defined.</E>
                             Harvest that occurred under the special management programs listed below must be recorded separately in the logbooks and forms. If harvest is not under one of these management programs, leave blank.
                        </P>
                        <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="xl40L,xl40L,xl45L">
                            <BOXHD>
                                <CHED H="1">If harvest made under...program</CHED>
                                <CHED H="1">Record the...</CHED>
                                <CHED H="1">For more information, see...</CHED>
                            </BOXHD>
                            <ROW RUL="s,s,s">
                                <ENT I="22">(A) CDQ</ENT>
                                <ENT>CDQ group number</ENT>
                                <ENT>subpart C of this part</ENT>
                            </ROW>
                            <ROW RUL="s,s,s">
                                <ENT I="22">(B) Exempted Fishery</ENT>
                                <ENT>Exempted fishery permit number</ENT>
                                <ENT>§ 679.6</ENT>
                            </ROW>
                            <ROW RUL="s,s,s">
                                <ENT I="22">(C) Research Fishery</ENT>
                                <ENT>Research fishery permit number</ENT>
                                <ENT>§ 600.745(a) of this chapter</ENT>
                            </ROW>
                            <ROW RUL="s,s,s">
                                <ENT I="22">(D) AIP</ENT>
                                <ENT>n/a</ENT>
                                <ENT>subpart F of this part</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22">(E) Open access (OA)</ENT>
                                <ENT>[for recording in eLandings only]</ENT>
                                <ENT>§ 679.5(e)</ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>
                            (2) 
                            <E T="03">Responsibility.</E>
                             (i) The operator of a catcher vessel, catcher/processor, mothership, or buying station receiving from a catcher vessel and delivering to a mothership (hereafter referred to as the operator) and the manager of a shoreside processor, SFP, or buying station receiving from a catcher vessel and delivering to a shoreside processor or SFP (hereafter referred to as the manager) are each responsible for complying with the applicable recordkeeping and reporting requirements of this section.
                        </P>
                        <P>(ii) The owner of a vessel, shoreside processor, SFP, or buying station is responsible for compliance and must ensure that the operator, manager, or representative (see paragraph (b) of this section) complies with the requirements given in this section and in Table 9 to this part.</P>
                        <P>
                            (3) 
                            <E T="03">Fish to be recorded and reported.</E>
                             The operator or manager must record and report the following information for all groundfish (see Table 2a to this part - Species Codes: FMP Groundfish), prohibited species (see Table 2b to this part - Species Codes: FMP Prohibited Species and CR Crab), and forage fish (see Table 2c to this part - Species Codes: FMP Forage Fish). The operator or manager may record and report the following information for non-groundfish (see Table 2d to this part - Species Codes: Non-FMP Species):
                        </P>
                        <P>(i) Receipt information, including fish received from vessels not required to have an FFP; and fish received under contract for handling or processing for another processor;</P>
                        <P>(ii) Discard or disposition information reported to the operator or manager by catcher vessels or buying stations; and</P>
                        <P>(iii) Transfer information, including fish transferred out of the facility or off the vessel.</P>
                        <P>
                            (4) 
                            <E T="03">Exemptions</E>
                            —(i) 
                            <E T="03">Catcher vessels less than 60 ft (18.3 m) LOA.</E>
                             The owner or operator of a catcher vessel less than 60 ft (18.3 m) LOA is not required to 
                            <PRTPAGE P="35783"/>
                            comply with the R&amp;R requirements of this section.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Catcher vessels that take groundfish in crab pot gear for use as crab bait on that vessel.</E>
                             (A) Owners or operators of catcher vessels who, when crab is open anywhere or in the same area as open crab season, take groundfish in crab pot gear for use as crab bait onboard their same vessels, and the bait is neither transferred nor sold, are not required to comply with R&amp;R requirements of this section.
                        </P>
                        <P>(B) This exemption does not apply to fishermen who:</P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) Catch groundfish for bait during an open crab season and sell that groundfish or transfer it to another vessel, or
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Participate in a directed fishery for groundfish using any gear type during periods that are outside an open crab season for use as crab bait onboard their vessel.
                        </P>
                        <P>(C) No groundfish species listed by NMFS as “prohibited” in a management or regulatory area may be taken in that area for use as bait.</P>
                        <P>
                            (5) 
                            <E T="03">Inspection and retention of records</E>
                            —(i) 
                            <E T="03">Inspection of records.</E>
                             The operator or manager must make available for inspection the R&amp;R documentation listed in Table 9 to this part upon the request of an authorized officer.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Retention of records.</E>
                             For all R&amp;R documentation listed in Table 9 to this part, the operator or manager must retain records:
                        </P>
                        <P>
                            (A) 
                            <E T="03">On site.</E>
                             Retain these records on site at the shoreside processor or SFP, or onboard the vessel until the end of the fishing year during which the records were made and for as long thereafter as fish or fish products recorded in the R&amp;R documentation listed in Table 9 to this part are retained.
                        </P>
                        <P>
                            (B) 
                            <E T="03">For 3 years.</E>
                             Make these records available upon request of an authorized officer R&amp;R documentation listed in Table 9 to this part for 3 years after the end of the fishing year during which the records were made.
                        </P>
                        <P>
                            (6) 
                            <E T="03">Maintenance of records.</E>
                             The operator or manager must maintain all R&amp;R documentation listed in Table 9 to this part in English in a legible, timely, and accurate manner, based on Alaska local time (A.l.t.); if handwritten, in indelible ink; if computer-generated, as a legible printed paper copy.
                        </P>
                        <P>
                            (b) 
                            <E T="03">Representative.</E>
                             The operator of a catcher vessel, mothership, catcher/processor, or buying station delivering to a mothership or manager of a shoreside processor, SFP, or buying station delivering to a shoreside processor or SFP may identify one contact person to complete the logbook and forms and to respond to inquiries from NMFS. Designation of a representative under this paragraph does not relieve the owner, operator, or manager of responsibility for compliance under paragraphs (a)(1) through (a)(6) of this section.
                        </P>
                        <P>
                            (c) 
                            <E T="03">Logbooks vs. eLandings and ELBs</E>
                            —(1) 
                            <E T="03">Requirements.</E>
                             The operator or manager must record information appropriate to the operation of the participant, in a NMFS-approved format as follows:
                        </P>
                        <P>
                            (i) 
                            <E T="03">Shoreside processor or SFP</E>
                            —(A) 
                            <E T="03">Shoreside processor daily cumulative production logbook (DCPL) (see paragraph (c)(5) of this section).</E>
                             Except as described in paragraph (c)(1)(i)(B) of this section, the manager of a shoreside processor or SFP must use the current edition of the DCPL to record processor identification information, catcher vessel and buying station groundfish delivery information, groundfish landings information, groundfish production data, and groundfish and prohibited species discard or disposition data. Upon notification by the Regional Administrator, DCPLs from the previous year may be used.
                        </P>
                        <P>
                            (B) 
                            <E T="03">eLandings (see paragraph (e) of this section).</E>
                             The manager of a shoreside processor or SFP that receives groundfish from a catcher vessel issued an FFP under § 679.4 is required daily to use eLandings during the fishing year to report processor identification information, catcher vessel and buying station groundfish delivery information, groundfish landings information, groundfish production data, and groundfish and prohibited species discard or disposition data in lieu of the shoreside processor DCPL, WPR (see paragraph (i) of this section), and CDQ delivery reports (see paragraph (n)(1) of this section) during the time the shoreside processor or SFP is checked-in (see paragraph (h) of this section). If a shoreside processor or SFP using eLandings is not taking deliveries over a weekend, the manager may transmit the eLandings report on Monday.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Mothership</E>
                            —(A) 
                            <E T="03">Mothership DCPL (see paragraph (c)(6) of this section).</E>
                             Except as described in paragraphs (c)(1)(ii)(B) and (C) of this section, the operator of a mothership must use the current edition of the DCPL to record processor identification information, catcher vessel and buying station groundfish delivery information, groundfish production data, and groundfish and prohibited species discard or disposition data. Upon notification by the Regional Administrator, DCPLs from the previous year may be used.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Mothership ELB (see paragraph (f) of this section).</E>
                             The operator of a mothership may use the NMFS-approved mothership ELB to record processor identification information, catcher vessel and buying station groundfish delivery information, groundfish production data, and groundfish and prohibited species discard or disposition data.
                        </P>
                        <P>
                            (C) 
                            <E T="03">eLandings (see paragraph (e) of this section).</E>
                             (This paragraph (c)(1)(ii)(C) is effective until January 1, 2008) The operator of a mothership that is issued an FFP under § 679.4 and that receives groundfish may use eLandings to report weekly processor identification information, groundfish production data, and groundfish and prohibited species discard or disposition data in lieu of the mothership WPR (see paragraph (i) of this section) during the time the mothership is checked-in (see paragraph (h) of this section). Alternatively, the operator may use eLandings to report daily processor identification information, groundfish production data, and groundfish and prohibited species discard or disposition data. If a mothership is using eLandings to daily report processor identification information, groundfish production data, and groundfish and prohibited species discard or disposition data, the operator is not required to complete the “Production” nor “Discard or Disposition” sections of the DCPL; enter “eLandings” in those sections of the DCPL. The operator must record the processor identification information and the catcher vessel and buying station groundfish delivery information in the DCPL.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">Catcher/processor</E>
                            —(A) 
                            <E T="03">Catcher/processor longline or pot gear DCPL and catcher/processor trawl gear DCPL (see paragraphs (c)(3) and (c)(4) of this section).</E>
                             Except as described in paragraphs (c)(1)(iii)(B) and (C) of this section, the operator of a catcher/processor must use the current edition of the DCPL to record processor identification information, catch-by-set or catch-by-haul information, groundfish production data, and groundfish and prohibited species discard or disposition data. Upon notification by the Regional Administrator, DCPLs from the previous year may be used.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Catcher/processor ELB (see paragraph (f) of this section).</E>
                             The operator of a catcher/processor may use the appropriate gear-type, NMFS-approved catcher/processor ELB to record processor identification information, catch-by-haul or catch-by-set information, groundfish production 
                            <PRTPAGE P="35784"/>
                            data, and groundfish and prohibited species discard or disposition data.
                        </P>
                        <P>
                            (C) 
                            <E T="03">eLandings (see paragraph (e) of this section).</E>
                             (This paragraph (c)(1)(iii)(C) is effective until January 1, 2008) The operator of a catcher/processor that harvests groundfish and that is issued an FFP under § 679.4 may use eLandings during the fishing year to report weekly processor identification information, groundfish production data, and groundfish and prohibited species discard or disposition data in lieu of the catcher/processor WPR (see paragraph (i) of this section) during the time the catcher/processor is checked-in (see paragraph (h) of this section). Alternatively, the operator may use eLandings during the fishing year to report daily processor identification information, groundfish production data, and groundfish and prohibited species discard or disposition data. If a catcher/processor is using eLandings to daily report groundfish production data and groundfish and prohibited species discard or disposition data, the operator is not required to complete the “Production” nor “Discard or Disposition” sections of the DCPL (see paragraph (c) of this section); enter “eLandings” in those sections of the DCPL. The operator is required to complete in the DCPL the processor identification information and catch-by-haul or catch-by-set information.
                        </P>
                        <P>
                            (iv) 
                            <E T="03">Catcher vessel</E>
                            —(A) 
                            <E T="03">Catcher vessel longline or pot gear and catcher vessel trawl gear DFL (see paragraphs (c)(3) and (c)(4) of this section).</E>
                             Except as described in paragraph (c)(1)(iv)(B) of this section, the operator of a catcher vessel must use the current edition of the DFL to record catcher vessel identification information, catch-by-haul or catch-by-set information, and groundfish and prohibited species discard or disposition data. Upon notification by the Regional Administrator, DFLs from the previous year may be used.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Catcher vessel longline or pot gear and catcher vessel trawl gear ELB (see paragraph (f) of this section).</E>
                             The operator of a catcher vessel may use the appropriate-gear, NMFS-approved catcher vessel ELB to record catcher vessel identification information, catch-by-haul or catch-by-set information, and groundfish and prohibited species discard or disposition data.
                        </P>
                        <P>
                            (v) 
                            <E T="03">Registered Buyer.</E>
                             A person who is issued a Registered Buyer permit and who receives IFQ halibut or IFQ sablefish from an IFQ permit holder, or who receives CDQ halibut from a CDQ permit holder at any time during the fishing year must use eLandings or other NMFS-approved software to report every landing of IFQ halibut, IFQ sablefish, or CDQ halibut.
                        </P>
                        <P>
                            (vi) 
                            <E T="03">Registered Crab Receiver (RCR)—IFQ crab.</E>
                             (A) A person who is issued an RCR permit and who receives IFQ crab from a crab IFQ permit holder or crab IFQ hired master, must use eLandings to report every landing of IFQ crab and incidental groundfish during the fishing year.
                        </P>
                        <P>(B) An RCR aboard a catcher/processor is required to submit crab landing reports by e-mail attachment using eLandings in a format approved by NMFS. NMFS will provide format specifications upon request. Interested parties may contact NMFS Alaska Region, Sustainable Fisheries Division, Catch Accounting/Data Quality, P.O. Box 21668, Juneau, Alaska 99802-1668, at telephone: 907-586-7228.</P>
                        <P>
                            (vii) 
                            <E T="03">Two vessel logbooks of same gear type.</E>
                             If using more than one logbook of the same gear type in a fishing year onboard a vessel, the operator must ensure that the page numbers follow the consecutive order of the previous logbook.
                        </P>
                        <P>
                            (viii) 
                            <E T="03">Two vessel logbooks of different gear types.</E>
                             If two different gear types are used onboard a vessel in a fishing year, the operator(s) of this vessel must use two separate vessel logbooks for the different gear types, each separately paginated.
                        </P>
                        <P>
                            (ix) 
                            <E T="03">Two vessel logbooks for pair trawl.</E>
                             If two vessels are dragging a trawl between them (pair trawl), the operator of each vessel must maintain a separate logbook to record the amount of the catch retained and fish discarded by that vessel. Each of the two logbooks must be separately paginated.
                        </P>
                        <P>
                            (x) 
                            <E T="03">Two logbooks of different operation.</E>
                             If a vessel functions both as a mothership and as a catcher/processor in the same fishing year, the operator(s) must maintain two logbooks, a separate logbook for each operation type, each separately paginated.
                        </P>
                        <P>
                            (xi) 
                            <E T="03">Alteration of logbook information.</E>
                             (A) Except as described in paragraphs (c)(1)(xi)(B) and (C) of this section, the operator, manager, or any other person may not alter or change any entry or record in a logbook.
                        </P>
                        <P>(B) An inaccurate or incorrect entry or record may be corrected by lining out the original and inserting the correction, provided that the original entry or record remains legible. All corrections must be made in ink.</P>
                        <P>(C) If an error is found after a time period is passed, record the information in the DFL or DCPL out of sequence by lining out the initial entry of the error, adding a note that an error occurred, and indicating page number of logsheet where correction may be found.</P>
                        <P>
                            (xii) 
                            <E T="03">Logsheet distribution and submittal.</E>
                             (A) No person except an authorized officer may remove any original white logsheet of any logbook.
                        </P>
                        <P>(B) The operator or manager must distribute logsheets as indicated in the following table:</P>
                        <GPOTABLE COLS="9" OPTS="L4,i1" CDEF="s8L,xl4C,xl4C,xl4C,xl4C,xl4C,xl4C,xl20L,xl20L">
                            <BOXHD>
                                <CHED H="1">Logsheet Distribution and Submittal</CHED>
                                <CHED H="2">If logsheet color is...</CHED>
                                <CHED H="2">Logsheet found in these logbooks</CHED>
                                <CHED H="3">CV lgl</CHED>
                                <CHED H="3">CV trw</CHED>
                                <CHED H="3">CP lgl</CHED>
                                <CHED H="3">CP trw</CHED>
                                <CHED H="3">MS</CHED>
                                <CHED H="3">SS/SFP</CHED>
                                <CHED H="2">Submit to...</CHED>
                                <CHED H="2">Time limit</CHED>
                            </BOXHD>
                            <ROW RUL="s,s,s,s,s,s,s,s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">1</E>
                                    ) White
                                </ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT A="01">Must retain, permanently bound in logbook</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s,s,s,s,s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">2</E>
                                    ) Goldenrod
                                </ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>Observer</ENT>
                                <ENT>After signature of operator, which is due by noon of the day following the week-ending date of the weekly reporting period.</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s,s,s,s,s,s">
                                <PRTPAGE P="35785"/>
                                <ENT I="22">
                                    (
                                    <E T="03">3</E>
                                    ) Yellow
                                </ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>
                                    Must submit quarterly to:
                                    <LI> NOAA Fisheries Office for Law Enforcement</LI>
                                    <LI> Alaska Region Logbook Program</LI>
                                    <LI> P.O. Box 21767</LI>
                                    <LI> Juneau, AK 99802-1767</LI>
                                    <LI> Telephone: 907-586-7225</LI>
                                </ENT>
                                <ENT>
                                    On the following schedule:
                                    <LI>
                                        <E T="03">1st qtr</E>
                                         by May 1 of that fishing year
                                    </LI>
                                    <LI>
                                        <E T="03">2nd qtr</E>
                                         by August 1 of that fishing year
                                    </LI>
                                    <LI>
                                        <E T="03">3rd qtr</E>
                                         by November 1 of that fishing year
                                    </LI>
                                    <LI>
                                        <E T="03">4th qtr</E>
                                         by February 1 of the following fishing year
                                    </LI>
                                </ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s,s,s,s,s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">4</E>
                                    ) Blue
                                </ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>Mothership, shoreside processor, SFP, or buying station that receives the harvest</ENT>
                                <ENT>Within 2 hours after completion of catch delivery</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22">
                                    (
                                    <E T="03">5</E>
                                    ) Green
                                </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>
                                    Optional, but may be required by IPHC (see 50 CFR 300.60 through 300.65)
                                    <LI>Telephone: 206-634-1838</LI>
                                </ENT>
                                <ENT>After the vessel's catch is off-loaded</ENT>
                            </ROW>
                            <TNOTE>Note: CP = catcher/processor; CV = catcher vessel; lgl = longline; trw = trawl; MS = mothership; SS/SFP = shoreside processor and SFP</TNOTE>
                        </GPOTABLE>
                        <P>
                            (2) 
                            <E T="03">Recording active and inactive time periods in the DFL or DCPL</E>
                            —(i) 
                            <E T="03">Account for each day of the fishing year.</E>
                             The operator or manager must account for each day of the fishing year, January 1 through December 31, in the DFL or DCPL and indicate whether the vessel or processor was active or inactive during the time period. Unless the appropriate box is checked on the logsheet to indicate an inactive period, NMFS assumes the records are for an active period (see descriptions of active time periods at paragraphs (c)(3)(iv)(A)(
                            <E T="03">1</E>
                            ), (c)(3)(iv)(B)(
                            <E T="03">1</E>
                            ), (c)(4)(iv)(A)(
                            <E T="03">1</E>
                            ), (c)(4)(iv)(B)(
                            <E T="03">1</E>
                            ), (c)(5)(iv), and (c)(6)(iv) of this section).
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Record January 1 on page 1.</E>
                             The operator or manager must record the first day of the fishing year, January 1, on page one of the DFL or DCPL regardless of whether the vessel or processor was active or inactive. The operator or manager must record time periods consecutively.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">Required information for inactive periods.</E>
                             If inactive, the operator or manager must record the following information on one logsheet in the DFL or DCPL:
                        </P>
                        <P>(A) If a catcher vessel, vessel name, ADF&amp;G vessel registration number, FFP number or Federal crab vessel permit number, operator printed name, operator signature, and page number.</P>
                        <P>(B) If a shoreside processor or SFP, on Part I of the logsheet record: processor name, ADF&amp;G processor code, FPP number, manager printed name, manager signature, and page number. If a shoreside processor, write in the geographic (physical) location of plant.</P>
                        <P>(C) If a mothership or catcher/processor, record vessel name, ADF&amp;G processor code, FFP number, operator printed name, operator signature, and page number.</P>
                        <P>(D) Check “inactive.”</P>
                        <P>(E) Record the date (mm/dd) of the first day when inactive under “Start date.”</P>
                        <P>(F) Write brief explanation why inactive, e.g., bad weather or equipment failure. If inactive due to surrender of a FFP or FPP, write “surrender of permit” as reason for inactivity.</P>
                        <P>(G) Record the date (mm/dd) of the last day when inactive under “End date.”</P>
                        <P>
                            (iv) 
                            <E T="03">Inactive two or more quarters.</E>
                             If the inactive time period extends across two or more successive quarters, the operator or manager must complete a logsheet for each inactive quarter: the first logsheet to indicate the first and last day of the first inactive quarter and the second logsheet to indicate the first and last day of the second inactive quarter.
                        </P>
                        <P>
                            (3) 
                            <E T="03">Longline and pot gear catcher vessel DFL and catcher/processor DCPL</E>
                            —(i) 
                            <E T="03">Responsibility</E>
                            —(A) 
                            <E T="03">Groundfish fisheries.</E>
                             (
                            <E T="03">1</E>
                            ) The operator of a catcher vessel 60 ft (18.3 m) or greater LOA, that is required to have an FFP under § 679.4(b), that is using longline or pot gear to harvest groundfish, and that retains any groundfish from the GOA or BSAI, must maintain a longline and pot gear DFL.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) The operator of a catcher/processor that is required to have an FFP under § 679.4(b), that is using longline or pot gear to harvest groundfish, and that retains any groundfish from the GOA or BSAI, must maintain a longline and pot gear DCPL.
                        </P>
                        <P>
                            (B) 
                            <E T="03">IFQ halibut, CDQ halibut, and IFQ sablefish fisheries.</E>
                             (
                            <E T="03">1</E>
                            ) The operator of a catcher vessel 60 ft (18.3 m) or greater LOA, using fixed gear (NMFS), setline (IPHC), or pot gear to harvest IFQ sablefish, IFQ halibut, or CDQ halibut from the GOA or BSAI, must maintain a longline and pot gear DFL.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) The operator of a catcher/processor using longline or pot gear to harvest IFQ sablefish, IFQ halibut, or CDQ halibut from the GOA or BSAI, must maintain a longline and pot gear DCPL.
                        </P>
                        <P>
                            (C) 
                            <E T="03">CR crab fisheries.</E>
                             (
                            <E T="03">1</E>
                            ) The operator of a catcher vessel 60 ft (18.3 m) or greater LOA, using pot gear to harvest CR crab from the BSAI must maintain a longline and pot gear DFL.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) The operator of a catcher/processor using pot gear to harvest CR crab from the BSAI must maintain a longline and pot gear DCPL.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Data entry time limits.</E>
                             The operator of a catcher vessel using longline or pot gear must record in the DFL and the operator of a catcher/processor using longline or pot gear must record in the DCPL the following information for each set within the specified time limit:
                            <PRTPAGE P="35786"/>
                        </P>
                        <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="s25L,xl25L">
                            <TTITLE>DATA ENTRY TIME LIMITS, LONGLINE OR POT GEAR DFL OR DCPL</TTITLE>
                            <BOXHD>
                                <CHED H="1">Required information</CHED>
                                <CHED H="1">Record within this time limit.</CHED>
                            </BOXHD>
                            <ROW RUL="s,s">
                                <ENT I="22">(A) Set number, time and date gear set, time and date gear hauled, beginning and end positions, CDQ group number, halibut CDQ permit number, halibut IFQ permit number, sablefish IFQ permit number, crab IFQ permit number, FFP number and/or Federal crab vessel permit number (if applicable), number of pots set, and estimated total hail weight for each set</ENT>
                                <ENT>2 hours after completion of gear retrieval</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(B) Discard and disposition information</ENT>
                                <ENT>By noon each day to record the previous day's discard and disposition information</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(C) Submit goldenrod logsheet to the observer</ENT>
                                <ENT>After signature of operator which is due by noon of the day following the week-ending date of the weekly reporting period.</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(D) If on a catcher vessel:</ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">1</E>
                                    ) Submit the blue DFL to mothership, shoreside processor, SFP, or buying station receiving catch
                                </ENT>
                                <ENT>Within 2 hours after completion of catch delivery</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">2</E>
                                    ) All other required information
                                </ENT>
                                <ENT>2 hours after the vessel's catch is off-loaded, notwithstanding other time limits</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">3</E>
                                    ) Sign the completed logsheets
                                </ENT>
                                <ENT>Within 2 hours after completion of catch delivery</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(E) If on a catcher/processor:</ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">1</E>
                                    ) Product information
                                </ENT>
                                <ENT>By noon each day to record the previous day's production information</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">2</E>
                                    ) All other required information
                                </ENT>
                                <ENT>By noon of the day following completion of production</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22">
                                    (
                                    <E T="03">3</E>
                                    ) Sign the completed logsheets
                                </ENT>
                                <ENT>By noon of the day following the week-ending date of the weekly reporting period</ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>
                            (iii) 
                            <E T="03">Required information, if inactive.</E>
                             See paragraph (c)(2) of this section.
                        </P>
                        <P>
                            (iv) 
                            <E T="03">Required information, if active</E>
                            —(A) 
                            <E T="03">Catcher vessel.</E>
                             (
                            <E T="03">1</E>
                            ) A catcher vessel using longline or pot gear is active when gear remains on the grounds in a reporting area (except reporting area 300, 400, 550, or 690), regardless of the vessel location.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) If the catcher vessel identified in paragraph (c)(3)(i)(A)(
                            <E T="03">1</E>
                            ) of this section is active, the operator must record in the DFL, for one or more days on each logsheet, the information listed in paragraphs (c)(3)(v), (c)(3)(vi), (c)(3)(viii), (c)(3)(ix), and (c)(3)(xi) of this section.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Catcher/processor.</E>
                             (
                            <E T="03">1</E>
                            ) A catcher/processor is active when checked-in or processing.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) If the catcher/processor identified in paragraph (c)(3)(i)(A)(
                            <E T="03">2</E>
                            ) of this section is active, the operator must record in the DCPL, the information listed in paragraphs (c)(3)(v), (c)(3)(vi), (c)(3)(vii), (c)(3)(viii), and (c)(3)(x) of this section.
                        </P>
                        <P>
                            (v) 
                            <E T="03">Identification information</E>
                            —(A) 
                            <E T="03">Page number.</E>
                             Number the pages in each logbook consecutively, beginning on the first page of the DFL or DCPL with page 1 for January 1 and continuing for the remainder of the fishing year.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Printed name and signature of operator.</E>
                             The operator must sign each completed logsheet of the DFL or DCPL as verification of acceptance of the responsibility required in paragraph (a)(2) of this section. The operator's signature is due by noon of the day following the week-ending date of the weekly reporting period.
                        </P>
                        <P>
                            (C) 
                            <E T="03">Vessel identification.</E>
                             Name of vessel as displayed in official documentation; FFP number or Federal crab vessel permit of the vessel; and ADF&amp;G vessel registration number if a catcher vessel or ADF&amp;G processor code if a catcher/processor.
                        </P>
                        <P>
                            (D) 
                            <E T="03">Other permit numbers (if applicable).</E>
                             IFQ permit number of the operator, if any, and of each IFQ holder aboard the vessel; groundfish CDQ group number; and halibut CDQ permit number.
                        </P>
                        <P>
                            (E) 
                            <E T="03">Reporting area</E>
                            —(
                            <E T="03">1</E>
                            ) 
                            <E T="03">Groundfish.</E>
                             Record the Federal reporting area code (see Figures 1 and 3 to this part) where gear retrieval was completed, regardless of where the majority of the set took place. Use a separate logsheet for each reporting area.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) 
                            <E T="03">IFQ halibut, CDQ halibut.</E>
                             Record the IPHC regulatory area (see Figure 15 to this part) where gear retrieval was completed, regardless of where the majority of the set took place.
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) 
                            <E T="03">CR crab.</E>
                             Leave this field blank.
                        </P>
                        <P>
                            (F) 
                            <E T="03">Crew size.</E>
                             If a catcher vessel, record the number of crew members (including operator), excluding certified observer(s), on the last day of a trip. If a catcher/processor, record the number of crew members (including operator), excluding certified observer(s), on the last day of the weekly reporting period.
                        </P>
                        <P>
                            (G) 
                            <E T="03">Gear type.</E>
                             Use a separate logsheet for each gear type. From the following table, indicate the gear type used to harvest the fish and appropriate “gear ID.” In addition, if using hook-and-line gear, enter the alphabetical letter that coincides with the gear description. If gear information is the same on subsequent logsheets, mark the box instead of re-entering the gear type information on the next logsheet.
                        </P>
                        <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="s25L,xl25L">
                            <BOXHD>
                                <CHED H="1">If gear type is...</CHED>
                                <CHED H="1">Then...</CHED>
                            </BOXHD>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">1</E>
                                    ) Other gear
                                </ENT>
                                <ENT>If gear is other than those listed, indicate “Other” and describe</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">2</E>
                                    ) Pot gear
                                </ENT>
                                <ENT>Enter the number of pots lost (optional, but may be required by IPHC regulations (see 50 CFR 300.60 through 300.65)) and number of pots set</ENT>
                            </ROW>
                            <ROW RUL="n,n">
                                <ENT I="22">
                                    (
                                    <E T="03">3</E>
                                    ) Hook-and-line gear
                                </ENT>
                                <ENT>Indicate:</ENT>
                            </ROW>
                            <ROW RUL="n,s">
                                <ENT I="22"> </ENT>
                                <ENT>
                                    (
                                    <E T="03">i</E>
                                    ) Whether gear is fixed hook (conventional or tub), autoline, or snap (optional, but may be required by IPHC regulations (see 50 CFR 300.60 through 300.65))
                                </ENT>
                            </ROW>
                            <ROW RUL="n,s">
                                <PRTPAGE P="35787"/>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    (
                                    <E T="03">ii</E>
                                    ) Length of skate to the nearest foot (optional, but may be required by IPHC regulations (see 50 CFR 300.60 through 300.65)), number of skates lost (optional, but may be required by IPHC regulations (see 50 CFR 300.60 through 300.65)), and number of skates set
                                </ENT>
                            </ROW>
                            <ROW RUL="n,s">
                                <ENT I="22"> </ENT>
                                <ENT>
                                    (
                                    <E T="03">iii</E>
                                    ) Number of hooks per skate (optional, but may be required by IPHC regulations (see 50 CFR 300.60 through 300.65)), size of hooks, and hook spacing in feet
                                </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>
                                    (
                                    <E T="03">iv</E>
                                    ) Seabird avoidance gear code(s) (see § 679.24(e) and Table 19 to this part)
                                </ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>
                            (H) 
                            <E T="03">Management program.</E>
                             Use a separate logsheet for each special management program (see paragraph (a)(1)(iii) of this section). If harvest is not under one of these management programs, leave blank.
                        </P>
                        <P>
                            (I) 
                            <E T="03">Observer information.</E>
                             Record the number of observers aboard, the name of the observer(s), and the observer cruise number(s).
                        </P>
                        <P>
                            (vi) 
                            <E T="03">Catch by set information.</E>
                             The operator must record the following information for each set (see § 679.2). If no catch occurred for a given day, write “no catch.”
                        </P>
                        <P>
                            (A) 
                            <E T="03">Set number.</E>
                             Sequentially by year.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Gear deployment (or to set gear)</E>
                            —(
                            <E T="03">1</E>
                            ) 
                            <E T="03">Hook-and-line gear deployment.</E>
                             Record date (mm/dd), time (in military format, A.l.t.), and the beginning position (in latitude and longitude to the nearest minute) when the first hook-and-line gear of a set enters the water.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) 
                            <E T="03">Jig or troll gear deployment.</E>
                             Record date (mm/dd), time (in military format, A.l.t.), and the beginning position (latitude and longitude to the nearest minute) when the jig or troll gear enters the water.
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) 
                            <E T="03">Pot gear deployment.</E>
                             Record date (mm/dd), time (in military format, A.l.t.), and the beginning position (latitude and longitude to the nearest minute) when the pot gear enters the water.
                        </P>
                        <P>
                            (C) 
                            <E T="03">Gear retrieval (or to haul gear)</E>
                            —(
                            <E T="03">1</E>
                            ) 
                            <E T="03">Hook-and-line gear retrieval.</E>
                             Date (mm/dd), time (in military format, A.l.t.), and end position coordinates (in latitude and longitude to the nearest minute), where the last hook-and-line gear of a set leaves the water, regardless of where the majority of the set took place.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) 
                            <E T="03">Jig or troll gear retrieval.</E>
                             Date (mm/dd), time (in military format, A.l.t.), and end position coordinates (in latitude and longitude to the nearest minute) where the jig or troll gear leaves the water.
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) 
                            <E T="03">Pot gear retrieval.</E>
                             Date (mm/dd), time (in military format, A.l.t.), and end position coordinates (in latitude and longitude to the nearest minute) where the last pot of a set is retrieved, regardless of where the majority of the set took place.
                        </P>
                        <P>
                            (D) 
                            <E T="03">Begin and end buoy or bag numbers</E>
                             (optional, but may be required by IPHC regulations (see §§ 300.60 through 300.65)).
                        </P>
                        <P>
                            (E) 
                            <E T="03">Begin and end gear depths</E>
                            , recorded to the nearest fathom (optional, but may be required by IPHC regulations (see §§ 300.60 through 300.65)).
                        </P>
                        <P>
                            (F) 
                            <E T="03">Species codes.</E>
                             The operator or manager must record and report the following information for all groundfish (see Table 2a to this part - Species Codes: FMP Groundfish), prohibited species (see Table 2b to this part - Species Codes: FMP Prohibited Species and CR Crab), and forage fish (see Table 2c to this part - Species Codes: FMP Forage Fish). The operator or manager may record and report the following information for non-groundfish (see Table 2d to this part - Species Codes: Non-FMP Species).
                        </P>
                        <P>
                            (G) 
                            <E T="03">Target species code.</E>
                             Enter the species code of the species you intended to catch this set.
                        </P>
                        <P>
                            (H) 
                            <E T="03">Estimated total hail weight.</E>
                             Enter the estimated hail weight, which is an estimate of the total retained weight of the catch without regard to species. Indicate whether weight is estimated to the nearest pound or to the nearest 0.001 mt (2.20 lb);
                        </P>
                        <P>
                            (I) 
                            <E T="03">IR/IU species (see § 679.27).</E>
                             If a catcher/processor, enter species code of IR/IU species and estimated total round weight for each IR/IU species, if applicable; indicate whether weight is estimated to the nearest pound or the nearest 0.001 mt (2.20 lb).
                        </P>
                        <P>
                            (J) 
                            <E T="03">IFQ halibut and CDQ halibut.</E>
                             Estimated total round weight of IFQ halibut and CDQ halibut to the nearest pound.
                        </P>
                        <P>
                            (K) 
                            <E T="03">IFQ sablefish.</E>
                             Number and estimated total round weight of IFQ sablefish to the nearest pound. Indicate whether IFQ sablefish product is Western cut, Eastern cut, or round weight.
                        </P>
                        <P>
                            (L) 
                            <E T="03">CR crab.</E>
                             If in a CR crab fishery, record the number and scale weight of raw CR crab to the nearest pound.
                        </P>
                        <P>
                            (vii) 
                            <E T="03">Product information, catcher/processor.</E>
                             The operator must record the following groundfish product information for all retained groundfish by species code, product code, and product designation (see Table 1 to this part - Product and Delivery Codes); indicate whether weight is estimated to the nearest pound or nearest 0.001 mt (2.20 lb). If no production occurred for a given day, write “no production.”
                        </P>
                        <P>(A) Enter total daily fish product weight or actual scale weight of fish production.</P>
                        <P>(B) Total product balance forward weight from the previous day.</P>
                        <P>(C) Determine weekly cumulative total by adding daily totals and balance carried forward from the day before.</P>
                        <P>(D) Summarize weekly cumulative totals of weights and numbers separately by reporting area, management program, and gear type.</P>
                        <P>(E) Record “0” balance forward and start a new logsheet:</P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) After the offload or transfer of all fish or fish product onboard, if such offload occurs prior to the end of a weekly reporting period.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) At the beginning of each weekly reporting period. Nothing shall be carried forward from the previous weekly reporting period.
                        </P>
                        <P>
                            (viii) 
                            <E T="03">Retain and record discard quantities over the MRA.</E>
                             When fishing in an IFQ fishery and the fishery for Pacific cod or rockfish is closed to directed fishing but not in PSC status in that reporting area as described in § 679.20, the operator must retain and record up to and including the MRA for Pacific cod or rockfish as defined in Table 10 or 11 to this part; quantities over this amount must be discarded and recorded as discard in the logbook.
                        </P>
                        <P>
                            (ix) 
                            <E T="03">Discard or disposition information, catcher vessel.</E>
                             The operator must record in a DFL the discard or disposition information that occurred prior to and during delivery to a buying station, mothership, shoreside processor, or SFP. Discard or disposition information must include the daily weight of groundfish, daily weight of herring PSC, and daily number of PSC animals. If no discard or disposition occurred for a given day, the operator must write “no discards or disposition.”
                        </P>
                        <P>(A) Enter discard or disposition information by species codes and product codes as follows:</P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) Date (mm/dd) of discard or disposition (day that discard or disposition occurred).
                            <PRTPAGE P="35788"/>
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) For whole fish discard or disposition of groundfish or Pacific herring PSC, daily estimated total weight, balance forward weight from the previous day, and cumulative total weight since last delivery for each species; indicate whether weight is estimated to the nearest pound or nearest 0.001 mt.
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) For whole fish discard or disposition of each prohibited species (Pacific salmon, steelhead trout, Pacific halibut, king crabs, and Tanner crabs) record the daily estimated total number, balance forward from the previous day, and cumulative total number since the last delivery.
                        </P>
                        <P>
                            (
                            <E T="03">4</E>
                            ) Summarize the weekly cumulative discard and disposition totals of groundfish weights and number of PSC animals separately by reporting area, management program, and gear type. Determine the weekly cumulative total by adding daily totals and the balance carried forward from the day before.
                        </P>
                        <P>(B) The operator must record “0” or zero balance forward and start a new logsheet after the offload or transfer of all fish or fish product onboard and prior to the beginning of each fishing trip. Nothing shall be carried forward from the previous fishing trip.</P>
                        <P>
                            (x) 
                            <E T="03">Discard or disposition information, catcher/processor.</E>
                             The operator must record in a DCPL the discard or disposition information that occurred prior to, during, and after production of groundfish. Discard and disposition information must include the daily weight of groundfish, daily weight of herring PSC, and daily number of PSC animals. If no discard or disposition occurred for a given day, the operator must write “no discard or disposition.”
                        </P>
                        <P>(A) The operator must record “0” or zero balance forward and start a new logsheet after the offload or transfer of all fish or fish product onboard, if such offload occurs prior to the end of a weekly reporting period, and at the beginning of each weekly reporting period. Nothing shall be carried forward from the previous weekly reporting period.</P>
                        <P>(B) Enter discard or disposition information by species codes and product codes as follows:</P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) Date (mm/dd) of discard or disposition (day that discard or disposition occurred).
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) For whole fish discard or disposition of groundfish or Pacific herring PSC, daily estimated total weight, balance forward weight from the previous day, and cumulative total weight since last delivery for each species; indicate whether weight is estimated to the nearest pound or nearest 0.001 mt.
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) For whole fish discard or disposition of each prohibited species (Pacific salmon, steelhead trout, Pacific halibut, king crabs, and Tanner crabs) record the daily estimated total number, balance forward from the previous day, and cumulative total number since last delivery.
                        </P>
                        <P>
                            (
                            <E T="03">4</E>
                            ) Summarize weekly cumulative discard and disposition totals of groundfish weights and number of PSC animals separately by reporting area, management program, and gear type. Determine the weekly cumulative total by adding daily totals and the balance carried forward from the day before.
                        </P>
                        <P>
                            (xi) 
                            <E T="03">Catcher vessel delivery information.</E>
                             The operator must enter the following information for delivery to a buying station, mothership, shoreside processor, or SFP:
                        </P>
                        <P>(A) Date (mm/dd) that delivery of harvest was completed.</P>
                        <P>(B) ADF&amp;G fish ticket issued to operator by the recipient or Registered Buyer receiving the delivery.</P>
                        <P>(C) Name of recipient or Registered Buyer.</P>
                        <P>(D) Unloading port. Name of port or port code (see Tables 14a and 14b to this part) of delivery location.</P>
                        <P>
                            (4) 
                            <E T="03">Trawl gear catcher vessel DFL and catcher/processor DCPL</E>
                            —(i) 
                            <E T="03">Responsibility.</E>
                             The operator of a catcher vessel 60 ft (18.3 m) or greater LOA, that is required to have an FFP under § 679.4(b), that is using trawl gear to harvest groundfish, and that retains any groundfish from the GOA or BSAI must maintain a trawl gear DFL, and complete one or more logsheets per day. The operator of a catcher/processor that is required to have an FFP under § 679.4(b), that is using trawl gear to harvest groundfish, and that retains any groundfish from the GOA or BSAI must maintain a trawl gear DCPL. He or she must complete a separate logsheet for each day.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Data entry time limits.</E>
                             The operator of a catcher vessel using trawl gear must record in the DFL and the operator of a catcher/processor using trawl gear must record in the DCPL the following information for each haul within the specified time limit:
                        </P>
                        <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="s25L,xl25L">
                            <TTITLE>DATA ENTRY TIME LIMITS, TRAWL GEAR DFL OR DCPL</TTITLE>
                            <BOXHD>
                                <CHED H="1">Required information</CHED>
                                <CHED H="1">Record within this time limit</CHED>
                            </BOXHD>
                            <ROW RUL="s,s">
                                <ENT I="22">(A) Haul number, time and date gear set, time and date gear hauled, beginning and end positions, CDQ group number (if applicable), and total estimated hail weight for each haul</ENT>
                                <ENT>2 hours after completion of gear retrieval</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(B) Discard and disposition information</ENT>
                                <ENT>By noon each day to record the previous day's discard and disposition information</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(C) Submit the goldenrod logsheet to the observer</ENT>
                                <ENT>After signature of operator which is due by noon of the day following the week-ending date of the weekly reporting period.</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(D) If on a catcher vessel:</ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">1</E>
                                    ) Submit blue DFL to mothership, shoreside processor, SFP, or buying station receiving the catch
                                </ENT>
                                <ENT>2 hours after completion of catch delivery</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">2</E>
                                    ) Record all other required information
                                </ENT>
                                <ENT>2 hours after the vessel's catch is off-loaded, notwithstanding other time limits</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">3</E>
                                    ) Sign the completed logsheets
                                </ENT>
                                <ENT>2 hours after completion of catch delivery</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(E) If on a catcher/processor:</ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">1</E>
                                    ) Record product information
                                </ENT>
                                <ENT>By noon each day to record the previous day's production information</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">2</E>
                                    ) Record all other required information
                                </ENT>
                                <ENT>By noon of the day following completion of production to record all other required information</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22">
                                    (
                                    <E T="03">3</E>
                                    ) Sign the completed logsheets
                                </ENT>
                                <ENT>By noon of the day following the week-ending date of the weekly reporting period</ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>
                            (iii) 
                            <E T="03">Required information, if inactive.</E>
                             See paragraph (c)(2) of this section.
                        </P>
                        <P>
                            (iv) 
                            <E T="03">Required information, if active</E>
                            —(A) 
                            <E T="03">Catcher vessel.</E>
                             (
                            <E T="03">1</E>
                            ) A catcher vessel 
                            <PRTPAGE P="35789"/>
                            using trawl gear is active when the net or tow is at fishing depth.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) If the catcher vessel identified in paragraph (c)(4)(i) of this section is active, the operator must record for one day per logsheet in the DFL, the information described in paragraphs (c)(4)(v), (c)(4)(vi), (c)(4)(viii), and (c)(4)(x) of this section.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Catcher/processor.</E>
                             (
                            <E T="03">1</E>
                            ) A catcher/processor is active when checked-in or processing.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) If the catcher/processor identified in paragraph (c)(4)(i) of this section is active, the operator must record for one day per logsheet in the DCPL, the information described in paragraphs (c)(4)(v), (c)(4)(vi), (c)(4)(vii), and (c)(4)(ix) of this section.
                        </P>
                        <P>
                            (v) 
                            <E T="03">Identification information.</E>
                             If active, the operator must record the following information:
                        </P>
                        <P>
                            (A) 
                            <E T="03">Date.</E>
                             Enter date of each day (mm/dd/yy). This date is also the date of gear deployment.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Page number.</E>
                             Number the pages in each logbook consecutively, beginning on the first page of the DFL or DCPL with page 1 for January 1 and continuing for the remainder of the fishing year.
                        </P>
                        <P>
                            (C) 
                            <E T="03">Printed name and signature of operator.</E>
                             The operator must sign each completed logsheet of the DFL or DCPL as verification of acceptance of the responsibility required in paragraph (a)(2) of this section. The operator's signature is due by noon of the day following the week-ending date of the weekly reporting period.
                        </P>
                        <P>
                            (D) 
                            <E T="03">Vessel identification.</E>
                             Name of vessel as displayed in official documentation; FFP number of the vessel; ADF&amp;G vessel registration number if a catcher vessel; and ADF&amp;G processor code if a catcher/processor.
                        </P>
                        <P>
                            (E) 
                            <E T="03">Federal reporting area.</E>
                             Record the Federal reporting area code where gear retrieval was completed, regardless of where the majority of the set took place. Use a separate logsheet for each reporting area.
                        </P>
                        <P>
                            (F) 
                            <E T="03">COBLZ or RKCSA.</E>
                             If gear retrieval occurred in the COBLZ (see Figure 13 to this part) or RKCSA (see Figure 11 to this part) area within a reporting area, use two separate logsheets, the first to record the information from the reporting area that includes COBLZ or RKCSA, and the second to record the information from the reporting area that does not include COBLZ or RKCSA.
                        </P>
                        <P>
                            (G) 
                            <E T="03">Crew size.</E>
                             If a catcher vessel, record the number of crew members (including operator), excluding certified observer(s), on the last day of a trip. If a catcher/processor, record the number of crew members (including operator), excluding certified observer(s), on the last day of the weekly reporting period.
                        </P>
                        <P>
                            (H) 
                            <E T="03">Gear type.</E>
                             Use a separate logsheet for each gear type. Indicate whether pelagic trawl or non-pelagic trawl gear was used to harvest the fish.
                        </P>
                        <P>
                            (I) 
                            <E T="03">Management program.</E>
                             Indicate whether harvest occurred under one of the special management programs (see paragraph (a)(1)(iii) of this section). Use a separate logsheet for each management program. If harvest is not under one of these management programs, leave blank.
                        </P>
                        <P>
                            (J) 
                            <E T="03">Observer information.</E>
                             Record the number of observers aboard, the name of the observer(s), and the observer cruise number(s).
                        </P>
                        <P>
                            (vi) 
                            <E T="03">Catch-by-haul information.</E>
                             The operator must record the following information for each haul (see § 679.2). If no catch occurred for a given day, write “no catch.”
                        </P>
                        <P>
                            (A) 
                            <E T="03">Haul number.</E>
                             Number hauls sequentially by year.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Gear deployment (or to set gear).</E>
                             Record the following information for trawl gear deployment:
                        </P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) The time (in military format, A.l.t.) when the trawl gear reaches the fishing level and begins to fish, and
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) The position (latitude and longitude to the nearest minute) where the trawl gear reaches the fishing level and begins to fish.
                        </P>
                        <P>
                            (C) 
                            <E T="03">Gear retrieval (or to haul gear).</E>
                             Record the following information for trawl gear retrieval:
                        </P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) The date (mm/dd) and time (in military format, A.l.t.) when retrieval of trawl gear cable begins.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) The position (in latitude and longitude to the nearest minute) where retrieval of trawl gear cable begins.
                        </P>
                        <P>
                            (D) 
                            <E T="03">Average sea depth and average gear depth.</E>
                             Average sea depth and average gear depth; indicate whether average is reported to the nearest meter or fathom.
                        </P>
                        <P>
                            (E) 
                            <E T="03">Species codes.</E>
                             The operator must record and report the following information for all groundfish (see Table 2a to this part - Species Codes: FMP Groundfish), prohibited species (see Table 2b to this part - Species Codes: FMP Prohibited Species and CR Crab), and forage fish (see Table 2c to this part - Species Codes: FMP Forage Fish). The operator or manager may record and report the following information for non-groundfish (see Table 2d to this part - Species Codes: Non-FMP Species).
                        </P>
                        <P>
                            (F) 
                            <E T="03">Target species code.</E>
                             Enter the species code of the species you intended to catch this haul.
                        </P>
                        <P>
                            (G) 
                            <E T="03">IR/IU species (see § 679.27).</E>
                             If a catcher/processor, enter species code of IR/IU species and estimated total round weight for each IR/IU species, if applicable; indicate whether estimated weight is to the nearest pound or the nearest 0.001 mt.
                        </P>
                        <P>
                            (H) 
                            <E T="03">Total estimated hail weight.</E>
                             Total hail weight is an estimate of the total retained weight of the catch without regard to species. Indicate whether estimated weight is to the nearest pound or to the nearest 0.001 mt.
                        </P>
                        <P>
                            (vii) 
                            <E T="03">Product information, catcher/processor.</E>
                             The operator must record the following groundfish product information for all retained groundfish by species code, product code, and product designation; indicate whether estimated weight is to the nearest pound or nearest 0.001 mt. If no production occurred for a given day, write “no production.”
                        </P>
                        <P>(A) Total daily fish product weight or actual scale weight of fish product;</P>
                        <P>(B) Balance forward weight from the previous day; and</P>
                        <P>(C) Weekly cumulative total weight of groundfish weights; determine the weekly cumulative total by adding daily totals and the balance carried forward from the day before. These weights may be either the total fish product weight or the actual scale weight of fish product.</P>
                        <P>(D) Summarize weekly cumulative totals of groundfish product weights separately by reporting area, management program, if harvest occurred in the COBLZ or RKCSA, and gear type.</P>
                        <P>(E) Record “0” or zero balance forward and start a new logsheet:</P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) After the offload or transfer of all fish or fish product onboard, if such offload occurs prior to the end of a weekly reporting period.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) At the beginning of each weekly reporting period, nothing shall be carried forward from the previous weekly reporting period.
                        </P>
                        <P>
                            (viii) 
                            <E T="03">Discard or disposition information, catcher vessel.</E>
                             The operator must record in a DFL the discard or disposition that occurred prior to and during delivery to a buying station, mothership, shoreside processor, or SFP. If no discards or disposition occurred on a given day, write “no discards or disposition.”
                        </P>
                        <P>
                            (A) 
                            <E T="03">Species code and product code.</E>
                             Record the species code and product code for all discards of groundfish and PSC Pacific herring, Pacific salmon, steelhead trout, Pacific halibut, king crabs, and Tanner crabs. Record the species code and product code for all disposition of groundfish.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Discard weight.</E>
                             Record the daily estimated total round weight of groundfish or Pacific herring PSC discards and disposition, balance forward weight from the previous day, and cumulative total weight since last 
                            <PRTPAGE P="35790"/>
                            delivery, calculated by adding the daily totals and balance carried forward from the day before; indicate whether estimated weight is to the nearest pound or nearest 0.001 mt.
                        </P>
                        <P>
                            (C) 
                            <E T="03">PSC discard numbers.</E>
                             Record the daily number, balance forward from the previous day, and cumulative total number since last delivery of prohibited species animals (Pacific salmon, steelhead trout, Pacific halibut, king crabs, and Tanner crabs).
                        </P>
                        <P>
                            (D) 
                            <E T="03">Discard cumulative total.</E>
                             Summarize cumulative totals of groundfish weights and number of PSC animals separately by reporting area, if harvest occurred in the COBLZ or RKCSA, management program, and gear type.
                        </P>
                        <P>
                            (E) 
                            <E T="03">Discard zero balance forward.</E>
                             After the offload or transfer of all fish or fish product onboard and prior to the beginning of each fishing trip, the operator must record the balance forward from the previous day as “zero” and start a new logsheet. At the beginning of each fishing trip, nothing shall be carried forward from the previous fishing trip.
                        </P>
                        <P>
                            (ix) 
                            <E T="03">Discard or disposition information, catcher/processor.</E>
                             The operator must record discard or disposition information in a DCPL that occurred prior to, during, and after production of groundfish. If no discards or disposition occurred for a day, write “no discards or disposition” across the column. The operator must record discard or disposition information by species codes and product codes as follows:
                        </P>
                        <P>
                            (A) 
                            <E T="03">Discard total weight.</E>
                             Record the daily estimated total round weight of groundfish or Pacific herring PSC discards and disposition, balance forward weight from the previous day, and cumulative total weight for the weekly reporting period, calculated by adding the daily totals and balance carried forward from the day before; indicate whether estimated weight is to the nearest pound or nearest 0.001 mt.
                        </P>
                        <P>
                            (B) 
                            <E T="03">PSC discard numbers.</E>
                             Record the daily number, balance forward from the previous day, and cumulative total number for the weekly reporting period of prohibited species animals (Pacific salmon, steelhead trout, Pacific halibut, king crabs, and Tanner crabs).
                        </P>
                        <P>
                            (C) 
                            <E T="03">Discard cumulative totals.</E>
                             Summarize cumulative totals of groundfish weights and number of PSC animals separately by reporting area, if harvest occurred in the COBLZ or RKCSA, management program, and gear type.
                        </P>
                        <P>
                            (D) 
                            <E T="03">Discard zero balance forward.</E>
                             After the offload or transfer of all fish or fish product onboard and if such offload occurs prior to the end of a weekly reporting period, the operator must record the balance forward from the previous day as “zero” and start a new logsheet. At the beginning of each weekly reporting period, nothing shall be carried forward from the previous weekly reporting period.
                        </P>
                        <P>
                            (x) 
                            <E T="03">Catcher vessel delivery information.</E>
                             The operator must enter the following delivery information for groundfish delivered to a buying station, mothership, shoreside processor, or SFP:
                        </P>
                        <P>(A) Date (mm/dd) that delivery of harvest was completed,</P>
                        <P>(B) ADF&amp;G fish ticket number issued to operator by the recipient receiving the delivery, and</P>
                        <P>(C) Name and ADF&amp;G processor code of recipient.</P>
                        <P>
                            (5) 
                            <E T="03">Shoreside Processor DCPL</E>
                            —(i) 
                            <E T="03">Responsibility.</E>
                             Except as provided in paragraph (e) of this section, the manager of a shoreside processor or SFP that is required to have an FPP under § 679.4(f), who receives, processes, purchases, or arranges to purchase, any unprocessed groundfish from the GOA or BSAI from vessels issued an FFP under § 679.4, must maintain a shoreside processor DCPL and must incorporate into the DCPL any information for groundfish deliveries received, including groundfish received from processors for reprocessing or rehandling and groundfish received from an associated buying station documented on a buying station report (BSR).
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Data entry time limits.</E>
                             The manager of a shoreside processor or SFP must record in the DCPL the following information for each groundfish delivery within the specified time limit:
                        </P>
                        <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="s25L,xl25L">
                            <TTITLE>DATA ENTRY TIME LIMITS, SHORESIDE PROCESSOR DCPL</TTITLE>
                            <BOXHD>
                                <CHED H="1">Required information</CHED>
                                <CHED H="1">Record within this time limit</CHED>
                            </BOXHD>
                            <ROW RUL="s,s">
                                <ENT I="22">(A) All catcher vessel or buying station delivery information</ENT>
                                <ENT>2 hours after completion of receipt of each groundfish delivery</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(B) Landings information</ENT>
                                <ENT>By noon each day to record the previous day's landings</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(C) Product information</ENT>
                                <ENT>By noon each day to record the previous day's production</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(D) Discard or disposition information</ENT>
                                <ENT>By noon each day to record the previous day's discard/disposition</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(E) All other required information</ENT>
                                <ENT>By noon of the day following completion of production</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(F) Sign the completed DCPL logsheets</ENT>
                                <ENT>By noon of the day following the week-ending date of the weekly reporting period</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22">(G) Submit the goldenrod logsheet to the observer</ENT>
                                <ENT>After signed by the manager</ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>
                            (iii) 
                            <E T="03">Required information, if inactive.</E>
                             See paragraph (c)(2) of this section. If in an inactive period, the manager needs only to record information in Part I.
                        </P>
                        <P>
                            (iv) 
                            <E T="03">Required information Part I, if active.</E>
                             A shoreside processor or SFP is active when checked-in or processing. If the shoreside processor or SFP identified in paragraph (c)(5) of this section is active, the manager must record the following information on one or more Part I logsheets in the DCPL.
                        </P>
                        <P>
                            (A) 
                            <E T="03">Page number.</E>
                             Number the pages in Part I of each logbook consecutively, beginning with page 1 for January 1 and continuing for the remainder of the fishing year. Complete one Part I logsheet per day or up to 7 days per logsheet ending on the last day of a weekly reporting period.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Week-ending date.</E>
                             Enter week-ending date in which groundfish is received, bought, or arranged to be bought.
                        </P>
                        <P>
                            (C) 
                            <E T="03">Printed name and signature of manager.</E>
                             The manager must sign each completed DCPL logsheet as verification of acceptance of the responsibility required in paragraph (a)(2) of this section.
                        </P>
                        <P>(D) Name of shoreside processor or SFP as displayed in official documentation.</P>
                        <P>(E) Geographic location of plant, if a shoreside processor.</P>
                        <P>(F) FPP number and ADF&amp;G processor code.</P>
                        <P>
                            (G) 
                            <E T="03">Federal reporting area.</E>
                             Record the Federal reporting area code (see Figures 1 and 3 to this part) where harvest was completed. Use a separate Part I logsheet for each reporting area.
                        </P>
                        <P>
                            (H) 
                            <E T="03">Management program.</E>
                             On Part I logsheets, record whether harvest occurred under one of the special management programs (see paragraph (a)(1)(iii) of this section). Use a separate Part I logsheet for each management program. If harvest is not under one of 
                            <PRTPAGE P="35791"/>
                            these management programs, leave blank.
                        </P>
                        <P>
                            (I) 
                            <E T="03">Gear type only.</E>
                             Indicate gear type used to harvest fish. If gear is other than those listed, circle “other” and describe. Use a separate Part I logsheet for each gear type.
                        </P>
                        <P>
                            (J) 
                            <E T="03">COBLZ or RKCSA.</E>
                             If groundfish were harvested with trawl gear in the COBLZ or RKCSA, use two separate Part I logsheets to record the information: one logsheet for the reporting area that includes COBLZ or RKCSA, and a second Part I logsheet to record the information from the reporting area that does not include COBLZ or RKCSA.
                        </P>
                        <P>
                            (K) 
                            <E T="03">Observer information.</E>
                             Record the number of observers on site, the name of the observer(s), the dates each observer was present, and the observer cruise number(s).
                        </P>
                        <P>
                            (v) 
                            <E T="03">Required delivery information Part I, if active.</E>
                             The manager must record the following delivery information when unprocessed groundfish deliveries are received from a buying station or a catcher vessel. If no deliveries are received for a given day, write “no deliveries.”
                        </P>
                        <P>
                            (A) 
                            <E T="03">Date of delivery.</E>
                             Date (mm/dd) when delivery of harvest was completed.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Type of delivery.</E>
                             “CV” or “BS” to indicate delivery was from catcher vessel or buying station, respectively.
                        </P>
                        <P>
                            (C) 
                            <E T="03">Non-submittal of discard report.</E>
                             Indicate whether the blue logsheet was received from the catcher vessel at the time of catch delivery. If delivery was from a buying station, leave this column blank. If a blue logsheet was not received from the catcher vessel, the manager must enter “NO” and the appropriate response code (example: NO L) to describe the reason for non-submittal as follows:
                        </P>
                        <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="s25L,xl25C">
                            <BOXHD>
                                <CHED H="1">NON-SUBMITTAL OF DISCARD REPORT</CHED>
                                <CHED H="1">WRITE</CHED>
                            </BOXHD>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">1</E>
                                    ) The catcher vessel does not have an FFP
                                </ENT>
                                <ENT>“P”</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">2</E>
                                    ) The catcher vessel is under 60 ft (18.3 m) LOA and does not have an FFP
                                </ENT>
                                <ENT>“P”</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">3</E>
                                    ) The catcher vessel is under 60 ft (18.3 m) LOA and has an FFP
                                </ENT>
                                <ENT>“L”</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">4</E>
                                    ) The catcher vessel delivered an unsorted codend
                                </ENT>
                                <ENT>“U”</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22">
                                    (
                                    <E T="03">5</E>
                                    ) Another reason; describe circumstances
                                </ENT>
                                <ENT>“O”</ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>(D) Name and ADF&amp;G vessel registration number of the catcher vessel or buying station (if applicable) delivering the groundfish.</P>
                        <P>
                            (E) 
                            <E T="03">Receipt time.</E>
                             Record time (in military format, A.l.t.) when receipt of groundfish delivery was completed.
                        </P>
                        <P>
                            (F) 
                            <E T="03">Estimated total hail weight.</E>
                             Enter the total estimated hail weight of the combined species of each delivery from a catcher vessel or buying station. Total hail weight is an estimate of the total retained weight of the catch without regard to species. Indicate whether estimated weight is to the nearest pound or to the nearest 0.001 mt. If a catcher vessel reported discards on a blue DFL but did not deliver groundfish, enter “0” in this column.
                        </P>
                        <P>
                            (G) 
                            <E T="03">ADF&amp;G fish ticket numbers.</E>
                             If receiving unprocessed groundfish from a catcher vessel, record the ADF&amp;G fish ticket number that you issued to each catcher vessel. If receiving unprocessed groundfish from an associated buying station, record the ADF&amp;G fish ticket numbers issued by the buying station to the catcher vessel.
                        </P>
                        <P>
                            (H) 
                            <E T="03">Fish ticket numbers, state other than Alaska.</E>
                             If a shoreside processor is located in a state other than Alaska and received unprocessed groundfish from a catcher vessel, record the fish ticket numbers issued for that non-Alaska state along with the two-character abbreviation for that state.
                        </P>
                        <P>
                            (I) 
                            <E T="03">Catch receipt numbers, state other than Alaska.</E>
                             If the shoreside processor is located in a state other than Alaska where no fish ticket system is available and receives unprocessed groundfish from a catcher vessel, record the catch receipt number issued to the catcher vessel.
                        </P>
                        <P>
                            (vi) 
                            <E T="03">Required landings information Part I, if active.</E>
                             The manager must record the following landings information for all retained species from groundfish deliveries. If no landings occurred for a given day, write “no landings.”
                        </P>
                        <P>
                            (A) 
                            <E T="03">Date of landing.</E>
                             Enter date (mm/dd) that sorting and weighing of a delivery by species was completed.
                        </P>
                        <P>(B) Daily total weight of landings by species code and product code; indicate whether estimated weight is to the nearest pound or the nearest 0.001 mt. Landings weight may be recorded either as estimated round weight of groundfish or actual scale weights.</P>
                        <P>
                            (C) 
                            <E T="03">Scale weights.</E>
                             (
                            <E T="03">1</E>
                            ) Obtain actual weights for each groundfish species received and retained by:
                        </P>
                        <P>
                            (
                            <E T="03">i</E>
                            ) Sorting according to species codes and direct weighing of that species, or
                        </P>
                        <P>
                            (
                            <E T="03">ii</E>
                            ) Weighing the entire delivery and then sorting and weighing the groundfish species individually to determine their weights. Record daily combined scale weights of landings by species and product codes.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Record daily combined scale weights of landings by species and product codes.
                        </P>
                        <P>(D) Weekly cumulative weight of landings, calculated by adding daily totals.</P>
                        <P>
                            (E) 
                            <E T="03">Summary.</E>
                             Summarize weekly cumulative totals of groundfish weights and number of PSC animals separately by reporting area, management program, gear type, and if trawl gear used, if harvest occurred in the COBLZ or RKCSA.
                        </P>
                        <P>
                            (F) 
                            <E T="03">Landings as product.</E>
                             If you receive groundfish and record them as landings in Part II, and transfer these same fish to another processor without further processing, record the species code, product code, and weight of these fish also in Part II as products prior to transfer.
                        </P>
                        <P>
                            (vii) 
                            <E T="03">Required discard or disposition information Part I, if active.</E>
                             The manager must record discard or disposition information that occurred on site after receipt of groundfish from a catcher vessel or buying station; occurred prior to, during, and after processing of groundfish; was reported on a blue DFL received from a catcher vessel delivering groundfish; was reported on a blue DFL received from a catcher vessel when no groundfish are delivered, but the blue DFL contains records of groundfish discards or disposition (e.g., an IFQ fish delivery with groundfish incidental catch or fish eaten onboard by crew); or was reported on a BSR received from a buying station delivering groundfish, if different from the blue DFL logsheets submitted by catcher vessels to the buying station. The manager must record the following information for each discard or disposition:
                        </P>
                        <P>
                            (A) 
                            <E T="03">Date of discard.</E>
                             (
                            <E T="03">1</E>
                            ) Record the date (mm/dd) that discard or disposition occurred at the facility;
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Record the date (mm/dd) the blue logsheet was received from a catcher vessel (not the actual date of discard or disposition indicated on the blue logsheet); and
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) Record the date (mm/dd) the BSR was received from a buying station (not the actual date of discard or disposition indicated on the BSR).
                            <PRTPAGE P="35792"/>
                        </P>
                        <P>
                            (B) 
                            <E T="03">Discard species code and product code.</E>
                             Record the species code (from Table 2a to this part) and product code (use discard/disposition codes from Table 1 to this part).
                        </P>
                        <P>
                            (C) 
                            <E T="03">Discard weight.</E>
                             Record the daily weight of groundfish or herring PSC discard or disposition; indicate whether estimated weight is to the nearest pound or nearest 0.001 mt.
                        </P>
                        <P>
                            (D) 
                            <E T="03">PSC discard numbers.</E>
                             Record the daily number of prohibited species animals (Pacific salmon, steelhead trout, Pacific halibut, king crabs, and Tanner crabs).
                        </P>
                        <P>
                            (E) 
                            <E T="03">Discard weekly cumulative totals.</E>
                             Record the weekly cumulative totals of groundfish weights and number of PSC animals summarized separately by reporting area, management program, gear type, and if trawl gear used in the harvest, if harvest occurred in the COBLZ or RKCSA. Determine weekly cumulative total by adding daily totals.
                        </P>
                        <P>
                            (viii) 
                            <E T="03">Required product information Part II, if active</E>
                            —(A) 
                            <E T="03">Requirement.</E>
                             The manager must record the groundfish product information in Part II of the DCPL for products made from unprocessed groundfish deliveries received and retained from a buying station or a catcher vessel; groundfish received and retained from another processor or other source; groundfish received for custom processing by you for another processor or business entity; and groundfish received as landings, but transferred without processing. If no production occurred for a given day or for a weekly reporting period, write “no production.”
                        </P>
                        <P>
                            (B) 
                            <E T="03">Page numbering.</E>
                             Number the pages in Part II of each logbook consecutively, beginning with page 1 for the first day of processing operations after the start of the fishing year. Record only those weeks in which production occurred during a fishing year.
                        </P>
                        <P>
                            (C) 
                            <E T="03">Printed name and signature of manager.</E>
                             The manager must sign each completed DCPL logsheet as verification of acceptance of the responsibility required in paragraph (a)(2) of this section.
                        </P>
                        <P>(D) Name of shoreside processor or SFP as displayed in official documentation.</P>
                        <P>(E) FPP number and ADF&amp;G processor code.</P>
                        <P>
                            (F) 
                            <E T="03">Week-ending date.</E>
                             Enter the week-ending date (mm/dd/yy) in which processing of groundfish is completed. Use a separate logsheet for each week-ending date or use one logsheet for up to 3 week-ending dates.
                        </P>
                        <P>
                            (G) 
                            <E T="03">BSAI or GOA.</E>
                             Circle to indicate whether harvest occurred in BSAI or GOA management area.
                        </P>
                        <P>
                            (H) 
                            <E T="03">Date of production.</E>
                             Enter date (mm/dd) that production was completed.
                        </P>
                        <P>
                            (I) 
                            <E T="03">Species and product codes.</E>
                             Species code (from Table 2a to this part), product code and product designation (use Table 1 to this part).
                        </P>
                        <P>
                            (J) 
                            <E T="03">Daily product weight.</E>
                             Daily product weight may be recorded as either fish product weight or actual scale weight. Indicate whether weights are to the nearest pound or nearest 0.001 mt.
                        </P>
                        <P>
                            (K) 
                            <E T="03">Weekly cumulative totals of product weights.</E>
                             Determine the weekly cumulative total by adding daily totals.
                        </P>
                        <P>
                            (ix) 
                            <E T="03">Custom processing.</E>
                             The manager of a shoreside processor or SFP must record products that result from custom processing by you for another processor or business entity. If you receive unprocessed or processed groundfish to be handled or processed for another person, enter these groundfish in a DCPL consistently throughout a fishing year using one of the following two methods:
                        </P>
                        <P>
                            (A) 
                            <E T="03">Combined records.</E>
                             Record landings, discards or dispositions, and products of contract-processed groundfish routinely in the DCPL without separate identification; or
                        </P>
                        <P>
                            (B) 
                            <E T="03">Separate records.</E>
                             Record landings, discards or dispositions, and products of custom-processed groundfish in a separate DCPL, identified by the name, FPP number or FFP number, and ADF&amp;G processor code of the associated business entity.
                        </P>
                        <P>
                            (6) 
                            <E T="03">Mothership DCPL</E>
                            —(i) 
                            <E T="03">Responsibility.</E>
                             The operator of a mothership who receives or processes any groundfish from the GOA or BSAI from vessels issued an FFP under § 679.4, must maintain a mothership DCPL. The operator also must incorporate into the DCPL any information for groundfish deliveries received, including groundfish received from processors for reprocessing or rehandling and groundfish received from an associated buying station documented on a BSR.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Data entry time limits.</E>
                             The operator of a mothership must record in the DCPL the following information for each groundfish delivery within the specified time limit:
                        </P>
                        <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="s25L,xl25L">
                            <TTITLE>DATA ENTRY TIME LIMITS, MOTHERSHIP DCPL</TTITLE>
                            <BOXHD>
                                <CHED H="1">Required information</CHED>
                                <CHED H="1">Record within this time limit</CHED>
                            </BOXHD>
                            <ROW RUL="s,s">
                                <ENT I="22">(A) All catcher vessel or buying station delivery information</ENT>
                                <ENT>2 hours after completion of receipt of each groundfish delivery</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(B) Product information</ENT>
                                <ENT>By noon each day to record the previous day's production</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(C) Discard or disposition information</ENT>
                                <ENT>By noon each day to record the previous day's discard/disposition</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(D) All other required information</ENT>
                                <ENT>By noon of the day following completion of production</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">(E) Sign the completed DCPL logsheets</ENT>
                                <ENT>By noon of the day following the week-ending date of the weekly reporting period</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22">(F) Submit the goldenrod logsheet to the observer</ENT>
                                <ENT>After signed by the operator</ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>
                            (iii) 
                            <E T="03">Required information, if inactive.</E>
                             See paragraph (c)(2) of this section.
                        </P>
                        <P>
                            (iv) 
                            <E T="03">Required information, if active.</E>
                             A mothership is active when checked-in or processing. If the mothership identified in paragraph (c)(6) of this section is active, the operator must record the following information in the DCPL. Complete a separate logsheet for each day.
                        </P>
                        <P>
                            (A) 
                            <E T="03">Page number.</E>
                             Number the pages in each logbook consecutively, beginning with page 1 for January 1 and continuing throughout the logbook for the remainder of the fishing year.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Printed name and signature of operator.</E>
                             The operator must sign each completed DCPL logsheet as verification of acceptance of the responsibility required in paragraph (a)(2) of this section. The operator's signature is due by noon of the day following the week-ending date of the weekly reporting period.
                        </P>
                        <P>
                            (C) 
                            <E T="03">Mothership identification.</E>
                             Name of mothership as displayed in official documentation, FFP number, and ADF&amp;G processor code.
                        </P>
                        <P>
                            (D) 
                            <E T="03">Date.</E>
                             Enter date (mm/dd/yy) of each operating day.
                        </P>
                        <P>
                            (E) 
                            <E T="03">Crew size.</E>
                             Record the number of crew members (including operator), excluding certified observer(s), on the last day of the weekly reporting period.
                        </P>
                        <P>
                            (F) 
                            <E T="03">Gear type.</E>
                             Indicate the gear type of harvester. If gear type is other than those listed, circle “Other” and describe. Use a separate logsheet for each gear type.
                        </P>
                        <P>
                            (G) 
                            <E T="03">Federal reporting areas.</E>
                             Record Federal reporting area code (see Figures 1 and 3 to this part) where harvest was 
                            <PRTPAGE P="35793"/>
                            completed. Use a separate logsheet for each reporting area.
                        </P>
                        <P>
                            (H) 
                            <E T="03">COBLZ or RKCSA.</E>
                             If groundfish was harvested with trawl gear in the COBLZ or RKCSA, use two separate logsheets to record the information: one logsheet for the reporting area that includes COBLZ or RKCSA, and a second logsheet to record the information from the reporting area that does not include COBLZ or RKCSA.
                        </P>
                        <P>
                            (I) 
                            <E T="03">Observer information.</E>
                             Record the number of observers aboard, the name(s) of the observer(s), and the observer cruise number(s).
                        </P>
                        <P>
                            (J) 
                            <E T="03">Management program.</E>
                             Indicate whether harvest occurred under one of the special management programs (see paragraph (a)(1)(iii) of this section). Use a separate logsheet for each management program. If harvest is not under one of these management programs, leave blank.
                        </P>
                        <P>
                            (v) 
                            <E T="03">Required delivery information.</E>
                             The operator must record delivery information when unprocessed groundfish deliveries are received by the mothership from a buying station or a catcher vessel. If no deliveries are received for a given day, write “no deliveries.”
                        </P>
                        <P>
                            (A) 
                            <E T="03">Type of delivery.</E>
                             “CV” or “BS” to indicate delivery was from catcher vessel or buying station, respectively.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Non-submittal of discard report.</E>
                             Indicate if the blue logsheet was received from the catcher vessel at the time of catch delivery. If the delivery was from a buying station, leave this column blank. If a blue logsheet was not received from the catcher vessel, the manager must enter “NO” and the appropriate response code (example: NO-L) to describe the reason for non-submittal as follows:
                        </P>
                        <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="s25L,xl25C">
                            <BOXHD>
                                <CHED H="1">NON-SUBMITTAL OF DISCARD REPORT</CHED>
                                <CHED H="1">WRITE</CHED>
                            </BOXHD>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">1</E>
                                    ) The catcher vessel does not have an FFP
                                </ENT>
                                <ENT>“P”</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">2</E>
                                    ) The catcher vessel is under 60 ft (18.3 m) LOA and does not have an FFP
                                </ENT>
                                <ENT>“P”</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">3</E>
                                    ) The catcher vessel is under 60 ft (18.3 m) LOA and has an FFP
                                </ENT>
                                <ENT>“L”</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">4</E>
                                    ) The catcher vessel delivered an unsorted codend
                                </ENT>
                                <ENT>“U”</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22">
                                    (
                                    <E T="03">5</E>
                                    ) Another reason; describe circumstances
                                </ENT>
                                <ENT>“O”</ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>
                            (C) 
                            <E T="03">Vessel identification.</E>
                             Name and ADF&amp;G vessel registration number of the catcher vessel or buying station (if applicable) delivering the groundfish.
                        </P>
                        <P>
                            (D) 
                            <E T="03">Receipt time.</E>
                             Record time (in military format, A.l.t.) when receipt of groundfish delivery was completed.
                        </P>
                        <P>
                            (E) 
                            <E T="03">Beginning position of receipt.</E>
                             Record the latitude and longitude position coordinates where receipt of the groundfish delivery began.
                        </P>
                        <P>
                            (F) 
                            <E T="03">Estimated total groundfish hail weight.</E>
                             Enter the total estimated hail weight of the combined species. Total hail weight is an estimate of the total retained weight of the catch without regard to species. Indicate whether estimated weight is to the nearest pound or to the nearest 0.001 mt. If a catcher vessel reported discards on a blue DFL but did not deliver groundfish, enter “0” in this column.
                        </P>
                        <P>
                            (G) 
                            <E T="03">IR/IU species (see § 679.27).</E>
                             Enter the species code of IR/IU species and the estimated total round weight for each IR/IU species, if applicable; indicate whether estimated weight is to the nearest pound or the nearest 0.001 mt.
                        </P>
                        <P>
                            (H) 
                            <E T="03">ADF&amp;G fish ticket numbers.</E>
                             If receiving unprocessed groundfish from a catcher vessel, record the ADF&amp;G fish ticket number that you issued to each catcher vessel. If receiving unprocessed groundfish from an associated buying station, record the ADF&amp;G fish ticket numbers issued by the buying station on your behalf to the catcher vessel.
                        </P>
                        <P>
                            (vi) 
                            <E T="03">Product information.</E>
                             The operator must record the following groundfish product information in the DCPL for products made from unprocessed groundfish deliveries received from a buying station or a catcher vessel; groundfish received from another processor or other source; and groundfish received for custom processing by you for another processor or business entity. If no production occurred for a given day, write “no production.”
                        </P>
                        <P>
                            (A) 
                            <E T="03">Species code and product code.</E>
                             Record the species code, product code, and product designation.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Product weight.</E>
                             Record the daily total weight in either fish product weight or actual scale weight of product. Indicate whether product weight is recorded to the nearest pound or nearest 0.001 mt.
                        </P>
                        <P>
                            (C) 
                            <E T="03">Balance forward.</E>
                             Record the balance forward weight from the previous day.
                        </P>
                        <P>
                            (D) 
                            <E T="03">Product weekly cumulative totals.</E>
                             Record the weekly cumulative totals of groundfish weights; determine weekly cumulative total by adding daily totals and the balance forward from the day before. These weights may be either total fish product weight or actual scale weight of product.
                        </P>
                        <P>
                            (E) 
                            <E T="03">Weekly cumulative product totals.</E>
                             Summarize weekly cumulative product totals of groundfish weights separately by reporting area; management program; gear type; and if trawl gear was used by harvester, if harvest occurred in the COBLZ or RKCSA.
                        </P>
                        <P>
                            (F) 
                            <E T="03">Zero product balance.</E>
                             The operator must record “0” or zero balance forward and start a new logsheet:
                        </P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) After the offload or transfer of all fish or fish product onboard, if such offload occurs prior to the end of a weekly reporting period.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) At the beginning of each weekly reporting period. Nothing shall be carried forward from the previous weekly reporting period.
                        </P>
                        <P>
                            (G) 
                            <E T="03">Custom processing.</E>
                             The operator must record products that result from custom processing by you for another processor or business entity. If you receive unprocessed or processed groundfish to be handled or processed for another person, enter these groundfish in a DCPL consistently throughout a fishing year using one of the following two methods:
                        </P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) 
                            <E T="03">Combined records.</E>
                             Record landings (if applicable), discards or dispositions, and products of contract-processed groundfish without separate identification; or
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) 
                            <E T="03">Separate records.</E>
                             Record landings (if applicable), discards or dispositions, and products of custom-processed groundfish in a separate DCPL identified by the name, FFP number, and ADF&amp;G processor code of the associated business entity.
                        </P>
                        <P>
                            (vii) 
                            <E T="03">Required discard or disposition information.</E>
                             The operator must record discard or disposition information that occurred onboard after receipt of groundfish from a catcher vessel or buying station; occurred prior to, during, and after processing of groundfish; was reported on a blue DFL received from a catcher vessel delivering groundfish; no groundfish were delivered but discard or disposition was recorded on a blue DFL received from a catcher vessel containing records of groundfish discards or disposition; and was reported on a BSR received from a buying station delivering groundfish, if 
                            <PRTPAGE P="35794"/>
                            different from the blue DFL logsheets submitted by catcher vessels to the buying station. If no discards or disposition occurred for a given day or for a weekly reporting period, write “no discards.” The operator must record the following discard or disposition information:
                        </P>
                        <P>
                            (A) 
                            <E T="03">Discard species code and product code.</E>
                             Record the species code and product code.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Discard estimated daily total weight.</E>
                             Record the estimated daily total weight, balance forward weight from the previous day, and weekly cumulative total weight of groundfish or herring PSC discard and disposition; indicate whether to nearest pound or to the nearest 0.001 mt. Determine weekly cumulative total by adding daily totals and balance forward weights. Summarize weekly cumulative discard and disposition totals of groundfish or herring PSC weights separately by reporting area, management program, gear type, and if trawl gear used, whether discard or disposition occurred in the COBLZ or RKCSA.
                        </P>
                        <P>
                            (C) 
                            <E T="03">PSC discard daily total numbers.</E>
                             Estimated daily total number, balance forward number from the previous day, and weekly cumulative total number of prohibited species animals (Pacific salmon, steelhead trout, Pacific halibut, king crabs, and Tanner crabs). Determine weekly cumulative total by adding daily totals and balance forward numbers. Summarize weekly cumulative discard and disposition totals of numbers of PSC animals separately by reporting area, management program, gear type, and if trawl gear used, if discard or disposition occurred in the COBLZ or RKCSA.
                        </P>
                        <P>
                            (D) 
                            <E T="03">Zero discard balance.</E>
                             The operator must record “0” or zero balance forward and start a new logsheet:
                        </P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) After the offload or transfer of all fish or fish product onboard, if such offload occurs prior to the end of a weekly reporting period.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) At the beginning of each weekly reporting period. Nothing shall be carried forward from the previous weekly reporting period.
                        </P>
                        <P>
                            (d) 
                            <E T="03">Buying Station Report (BSR)</E>
                            —(1) 
                            <E T="03">Responsibility.</E>
                             (i) The operator or manager of a buying station that receives or delivers groundfish harvested from the GOA or BSAI in association with a shoreside processor or SFP as defined in paragraph (c)(5) or a mothership as defined in paragraph (c)(6) of this section, must complete and retain a separate BSR for each delivery of unprocessed groundfish or donated prohibited species received from a catcher vessel on behalf of an associated processor.
                        </P>
                        <P>(ii) The operator or manager must ensure that the following accompanies each groundfish delivery from the landing site to the associated processor:</P>
                        <P>(A) A complete and accurate BSR that describes the delivery;</P>
                        <P>(B) Any blue DFL logsheets or equivalent printed ELB discard reports received from a catcher vessel; and</P>
                        <P>(C) Copies of all ADF&amp;G fish tickets issued to the catcher vessel on behalf of the associated processor.</P>
                        <P>(iii) The operator of a catcher vessel, by prior arrangement with an associated processor, may function as a buying station for his own catch as follows:</P>
                        <P>(A) By shipping his groundfish catch with a copy of the BSR directly to that processor via truck or airline in the event that the processor is not located where the harvest is offloaded; or</P>
                        <P>(B) By driving a truck that contains his catch and a copy of the BSR to the processor.</P>
                        <P>
                            (2) 
                            <E T="03">Data entry time limits.</E>
                             The operator or manager of a buying station must record in the BSR all required information and sign the BSR within 2 hours of completion of delivery from a catcher vessel.
                        </P>
                        <P>
                            (3) 
                            <E T="03">Required information, if inactive.</E>
                             The operator or manager of a buying station is not required to record information if inactive.
                        </P>
                        <P>
                            (4) 
                            <E T="03">Required information, if active.</E>
                             A buying station is active when receiving, discarding, or delivering groundfish for an associated processor. The operator or manager of a buying station must record the following information on a BSR for each delivery:
                        </P>
                        <P>
                            (i) 
                            <E T="03">Original/revised report.</E>
                             If a BSR is the first submitted to the Regional Administrator for a given date, gear type, and reporting area, indicate “ORIGINAL REPORT”. If a report is a correction to a previously submitted BSR for a given date, gear type, and reporting area, indicate “REVISED REPORT”.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Name of buying station.</E>
                             Enter name and ADF&amp;G vessel registration number if a vessel, or name and license number if a vehicle; the name should be recorded as it is displayed in official documentation.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">Operator or manager name and signature.</E>
                             The operator or manager must sign the completed BSR prior to delivery of harvest to a mothership, shoreside processor, or SFP. This signature is verification by the operator or manager of acceptance of the responsibility required in paragraph (a)(2) of this section.
                        </P>
                        <P>
                            (iv) 
                            <E T="03">Management program.</E>
                             Indicate whether harvest occurred under one of the special management programs (see paragraph (a)(1)(iii) of this section). If harvest is not under one of these management programs, leave blank.
                        </P>
                        <P>(v) Indicate gear type of harvester.</P>
                        <P>(vi) Federal reporting area (see Figures 1 and 3 to this part) from which groundfish were harvested.</P>
                        <P>(vii) If harvester gear type was trawl and gear retrieval occurred in the COBLZ or RKCSA (see Figures 11 and 13 to this part), use two separate BSRs to record the information: one BSR for the reporting area that includes COBLZ or RKCSA, and a second BSR to record the information from the reporting area that does not include COBLZ or RKCSA.</P>
                        <P>
                            (viii) 
                            <E T="03">Associated processor.</E>
                             Enter the name, ADF&amp;G processor code, FFP number or FPP number of the associated processor, date (mm/dd/yy) and time (A.l.t., military format) delivery was completed.
                        </P>
                        <P>
                            (ix) 
                            <E T="03">Catcher vessel delivery information</E>
                            —(A) 
                            <E T="03">Catcher vessel identification.</E>
                             Name and ADF&amp;G vessel registration number of catcher vessel making the delivery.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Non-submittal of discard report.</E>
                             Indicate whether the blue logsheet was received from the catcher vessel at the time of catch delivery. If the blue logsheet is not received from the catcher vessel, enter “NO” and the appropriate response code to describe the reason for non-submittal. If a blue logsheet was not submitted by the catcher vessel, the operator must indicate one of the following reasons:
                        </P>
                        <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="s25L,xl25C">
                            <BOXHD>
                                <CHED H="1">NON-SUBMITTAL OF DISCARD REPORT</CHED>
                                <CHED H="1">WRITE</CHED>
                            </BOXHD>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">1</E>
                                    ) The catcher vessel does not have an FFP
                                </ENT>
                                <ENT>“P”</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">2</E>
                                    ) The catcher vessel is under 60 ft (18.3 m) LOA and does not have an FFP
                                </ENT>
                                <ENT>“P”</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">3</E>
                                    ) The catcher vessel is under 60 ft (18.3 m) LOA and has an FFP
                                </ENT>
                                <ENT>“L”</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">
                                    (
                                    <E T="03">4</E>
                                    ) The catcher vessel delivered an unsorted codend
                                </ENT>
                                <ENT>“U”</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22">
                                    (
                                    <E T="03">5</E>
                                    ) Another reason; describe circumstances
                                </ENT>
                                <ENT>“O”</ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>(C) ADF&amp;G fish ticket number issued to catcher vessel.</P>
                        <P>
                            (D) 
                            <E T="03">Species codes and scale weight.</E>
                             In addition to recording the total estimated delivery weight or actual scale weight of 
                            <PRTPAGE P="35795"/>
                            a catcher vessel delivery, if the operator or manager of the buying station sorted the delivery prior to delivery to an associated processor, he or she may enter specific species code and scale weights of individual species to the BSR; indicate whether to the nearest pound or to 0.001 mt.
                        </P>
                        <P>
                            (E) 
                            <E T="03">Groundfish hail weight.</E>
                             Enter the estimated total groundfish hail weight or actual scale weight of delivery. Total hail weight is an estimate of the total retained weight of the catch without regard to species. Indicate whether to the nearest pound or to the nearest 0.001 mt.
                        </P>
                        <P>
                            (x) 
                            <E T="03">Discard and disposition information</E>
                            —(A) 
                            <E T="03">Discard.</E>
                             The operator or manager of a buying station must record in a BSR, discard or disposition information that:
                        </P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) Occurred on and was reported by a catcher vessel on a blue logsheet;
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Occurred on the buying station prior to delivery to an associated processor; and
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) Was recorded on a blue logsheet submitted to the buying station by a catcher vessel when no groundfish were delivered by the catcher vessel (for example, disposition code 95 describes fish or fish products eaten onboard or taken off the vessel for personal use). Discard or disposition information must include:
                        </P>
                        <P>
                            (B) 
                            <E T="03">No discards.</E>
                             If no discards or disposition for a delivery, write “no discards”.
                        </P>
                        <P>
                            (C) 
                            <E T="03">Discard weight.</E>
                             Total discard weight of groundfish and herring PSC by species code and product code (indicate whether to nearest pound or to the nearest 0.001 mt).
                        </P>
                        <P>
                            (D) 
                            <E T="03">PSC discard numbers.</E>
                             Total PSC discard number of animals by species code and product code.
                        </P>
                        <P>
                            (e) 
                            <E T="03">Interagency Electronic Reporting System (IERS) and eLandings</E>
                            —(1) 
                            <E T="03">Responsibility</E>
                            —(i) 
                            <E T="03">Hardware, software, and Internet connectivity.</E>
                             Unless NMFS approves an alternative reporting method, for recordkeeping and reporting data for those fisheries listed in paragraph (e)(2) of this section, a User must obtain at his or her own expense hardware, software, and Internet connectivity to support Internet submissions of commercial fishery landings for which participants report to NMFS, production data, and discard or disposition data. The User must enter this information over the Internet at http://elandings.alaska.gov by logging on to the eLanding system or by using the desktop client software.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Computer or network failure</E>
                            —(A) 
                            <E T="03">Groundfish.</E>
                             In the event the eLandings system and/or the Internet is unavailable for a period longer than the required reporting time, contact NMFS Inseason Management at 907-586-7228 for instructions. The User must have onsite or onboard prior to fishing activity an appropriate interim paper form on which to record data. A User who for any reason is unable to properly submit a landing report or production report through eLandings must enter the information onto the interim paper form for reference until network connections are restored. When the network is restored, the User must enter this same information into eLandings.
                        </P>
                        <P>
                            (B) 
                            <E T="03">IFQ manual landing report for crab, halibut, and sablefish.</E>
                             If the Internet connection is unavailable or a change must be made to IFQ crab, halibut, and sablefish information submitted through the eLandings IFQ section (IFQ report), the User must complete an IFQ manual landing report to enter or change the data and submit it by fax to 907-586-7313. Manual landing instructions must be obtained from OLE, Juneau, AK at 800-304-4846 (Select Option 1). The User must complete all questions on the manual report, even if only one item has changed. In addition, the following information is required: whether the manual landing report is an original or revised, name, telephone number, and fax number of individual submitting the manual landing report.
                        </P>
                        <P>
                            (2) 
                            <E T="03">eLandings processor registration.</E>
                             (i) Before a User can use the eLandings system to report landings, production, discard or disposition data, he or she must request authorization to use the system, reserve a unique UserID, and obtain a password by using the Internet to complete the eLandings processor registration at 
                            <E T="03">https://elandings.alaska.gov/elandings/Register</E>
                            .
                        </P>
                        <P>(ii) Upon receipt of the registration information, eLandings verifies that all of the required information is provided in the correct format, and that the requested UserID is not already in use. After completing registration or creating a new operation, eLandings will generate a User Agreement Form. The User must print, sign, and fax the registration form to NMFS/RAM eLandings Registration at 907-586-7354.</P>
                        <P>(iii) The User's signature on the registration form means that the User agrees to the following terms:</P>
                        <P>(A) To use eLandings access privileges only for submitting legitimate fishery landing reports;</P>
                        <P>(B) To safeguard the UserID and password to prevent their use by unauthorized persons; and</P>
                        <P>(C) To ensure that the User is authorized to submit landing reports for the processor permit number(s) listed.</P>
                        <P>(iv) Upon registration acceptance, the User must print, sign, and mail the registration form to NMFS/RAM eLandings Registration, P.O. Box 21668, Juneau, AK 99802-1668; or fax a signed form to 907-586-7354, Attn: eLandings Registration; or deliver the signed form by courier to NMFS/RAM eLandings Registration, 709 West Ninth Street, Suite 713, Juneau, AK 99801. Confirmation will be e-mailed to indicate that the User is registered, authorized to use eLandings, and that the UserID and User's account are enabled.</P>
                        <P>
                            (3) 
                            <E T="03">Information required for eLandings processor registration form.</E>
                             The User must enter the following information to obtain operation registration and UserID registration:
                        </P>
                        <P>
                            (i) 
                            <E T="03">Operation type.</E>
                             Select the operation type from the dropdown list according to the following table:
                        </P>
                        <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="s25L,xl25L">
                            <BOXHD>
                                <CHED H="1">For this Federal category:</CHED>
                                <CHED H="1">Enter one of these eLandings operation types:</CHED>
                            </BOXHD>
                            <ROW RUL="n,s">
                                <ENT I="22">Shoreside processor or SFP</ENT>
                                <ENT>Plant/receiver</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22"> </ENT>
                                <ENT>Custom processing</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">Mothership</ENT>
                                <ENT>At-sea</ENT>
                            </ROW>
                            <ROW RUL="s,s">
                                <ENT I="22">Catcher/processor</ENT>
                                <ENT>At-sea</ENT>
                            </ROW>
                            <ROW RUL="n,s">
                                <ENT I="22">Buying station</ENT>
                                <ENT>Tender</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                                <ENT>Buying Station</ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>
                            (ii) 
                            <E T="03">Operation name.</E>
                             Enter a name that will refer to the specific operation. For example, if the plant is in Kodiak and the company is East Pacific Seafoods, the operation name might read “East Pacific Seafoods - Kodiak”.
                        </P>
                        <P>(iii) ADF&amp;G processor code and home port of shoreside processor, SFP, mothership, or catcher/processor.</P>
                        <P>
                            (iv) 
                            <E T="03">Federal permit number</E>
                            —(A) 
                            <E T="03">Shoreside processor or SFP.</E>
                             If a shoreside processor or SFP, enter the FPP number.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Catcher/processor or mothership.</E>
                             If a catcher/processor or mothership, enter the FFP number.
                        </P>
                        <P>
                            (C) 
                            <E T="03">Registered Buyer.</E>
                             If a Registered Buyer, enter the Registered Buyer permit number.
                        </P>
                        <P>
                            (D) 
                            <E T="03">Registered Crab Receiver.</E>
                             If a Registered Crab Receiver, enter the Registered Crab Receiver permit number.
                        </P>
                        <P>
                            (E) 
                            <E T="03">Buying station.</E>
                             If a buying station, enter the home port code; if a tender, enter the ADF&amp;G vessel registration 
                            <PRTPAGE P="35796"/>
                            number; if a vehicle, enter the vehicle license number.
                        </P>
                        <P>
                            (v) 
                            <E T="03">Physical operation.</E>
                             If a buying station or custom processor, enter the following information to identify the associated processor: operation type, ADF&amp;G processor code, and applicable FFP number, FPP number, Registered Buyer permit number, or/or Registered Crab Receiver permit number if held.
                        </P>
                        <P>
                            (vi) 
                            <E T="03">UserID registration for primary User.</E>
                             The User must enter the following information: Requested UserID, initial password, company name, User name, city and state, business telephone number, fax number, e-mail address, security question, and security answer.
                        </P>
                        <P>
                            (4) 
                            <E T="03">Information entered automatically for eLandings landing report.</E>
                             eLandings autofills the following fields from processor registration records (see paragraph (e)(2) of this section): UserID, processor company name, business telephone number, e-mail address, port of landing, ADF&amp;G processor code, and Federal permit number. eLandings will assign a unique landing report number upon completion of data entry.
                        </P>
                        <P>
                            (5) 
                            <E T="03">Information entered for each groundfish delivery to a shoreside processor and SFP</E>
                            —(i) 
                            <E T="03">Contents.</E>
                             The User of a shoreside processor and SFP must enter the following information provided by the operator of a catcher vessel or operator or manager of a buying station into the eLandings or other NMFS-approved software for each groundfish delivery (other than IFQ sablefish):
                        </P>
                        <P>
                            (A) 
                            <E T="03">Delivery information.</E>
                             (
                            <E T="03">1</E>
                            ) Number of observers present.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Crew size (including operator).
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) Management program name and identifying number (if any). Indicate in which management program harvest occurred.
                        </P>
                        <P>
                            (
                            <E T="03">4</E>
                            ) ADF&amp;G groundfish statistical area of harvest.
                        </P>
                        <P>
                            (
                            <E T="03">5</E>
                            ) Date (mm/dd/yy) that delivery was completed.
                        </P>
                        <P>
                            (
                            <E T="03">6</E>
                            ) Indicate (YES or NO) whether delivery is from a buying station.
                        </P>
                        <P>
                            (
                            <E T="03">7</E>
                            ) If the delivery is received from a buying station, indicate the name of buying station.
                        </P>
                        <P>
                            (
                            <E T="03">8</E>
                            ) If delivery is received from a catcher vessel, indicate the name and ADF&amp;G vessel registration number of the vessel.
                        </P>
                        <P>
                            (
                            <E T="03">9</E>
                            ) Indicate whether a discard report was received from catcher vessel. If NO, select reason provided by the catcher vessel for not supplying this copy.
                        </P>
                        <P>
                            (
                            <E T="03">10</E>
                            ) Indicate gear type of harvester.
                        </P>
                        <P>
                            (
                            <E T="03">11</E>
                            ) Total estimated hail weight (in pounds).
                        </P>
                        <P>
                            (
                            <E T="03">12</E>
                            ) ADF&amp;G fish ticket number provided to catcher vessel (eLandings assigns an ADF&amp;G fish ticket number to the landing report).
                        </P>
                        <P>
                            (B) 
                            <E T="03">Landings.</E>
                             The User of a shoreside processor or SFP must record the following landings information for all retained species from groundfish deliveries:
                        </P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) Date of landing (mm/dd).
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Weight (in pounds) by species code and delivery condition code.
                        </P>
                        <P>
                            (C) 
                            <E T="03">Discard or disposition information.</E>
                             (
                            <E T="03">1</E>
                            ) The User must record discard or disposition information that occurred on and was reported by a vessel operator; that occurred on and was reported by a buying station; and that occurred prior to, during, and after production of groundfish at the shoreside processor or SFP. Discards and dispositions also must be recorded when no groundfish are delivered but the blue DFL is submitted by a catcher vessel containing records of discards or disposition.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) If groundfish or prohibited species herring, enter species code, delivery condition code, disposition code, and weight (in pounds), and
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) If prohibited species halibut, salmon, or crab, enter species code, delivery condition code, disposition code, and count (in numbers of animals).
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Signatures.</E>
                             If delivery is groundfish, and reported by a shoreside processor or SFP, both the User of the shoreside processor or SFP and the operator of the delivering catcher vessel must sign the completed landing report (ADF&amp;G fish ticket) by noon of the day following the delivery day.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">Submittal time limit.</E>
                             The User of a shoreside processor or SFP must enter information described at paragraphs (e)(5)(i) and (ii) of this section into eLandings or other NMFS-approved software for each groundfish delivery from a specific vessel by noon of the day following the delivery day.
                        </P>
                        <P>
                            (6) 
                            <E T="03">Information entered for each groundfish delivery to a mothership</E>
                            —(i) 
                            <E T="03">Contents.</E>
                             The User of a mothership must enter the following information provided by the operator of a catcher vessel or operator or manager of a buying station into the eLandings or other NMFS-approved software for each groundfish delivery:
                        </P>
                        <P>
                            (A) 
                            <E T="03">Delivery information.</E>
                             (
                            <E T="03">1</E>
                            ) Number of observers present.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Crew size (including operator).
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) Management program name and identifying number (if any). Indicate in which management program harvest occurred.
                        </P>
                        <P>
                            (
                            <E T="03">4</E>
                            ) ADF&amp;G groundfish statistical area of harvest.
                        </P>
                        <P>
                            (
                            <E T="03">5</E>
                            ) Date (mm/dd) that delivery was completed.
                        </P>
                        <P>
                            (
                            <E T="03">6</E>
                            ) If the delivery is received from a buying station, indicate the name of the buying station.
                        </P>
                        <P>
                            (
                            <E T="03">7</E>
                            ) If delivery received from a catcher vessel, enter the ADF&amp;G vessel registration number of the vessel.
                        </P>
                        <P>
                            (
                            <E T="03">8</E>
                            ) Indicate whether a discard report was received from catcher vessel. If NO, select the reason provided by the catcher vessel for not supplying this copy.
                        </P>
                        <P>
                            (
                            <E T="03">9</E>
                            ) Gear type of harvester.
                        </P>
                        <P>
                            (
                            <E T="03">10</E>
                            ) Total estimated round weight by species (pounds).
                        </P>
                        <P>
                            (
                            <E T="03">11</E>
                            ) ADF&amp;G fish ticket number provided to catcher vessel (eLandings assigns an ADF&amp;G fish ticket number to the landing report).
                        </P>
                        <P>
                            (B) 
                            <E T="03">Discard or disposition information.</E>
                             (
                            <E T="03">1</E>
                            ) The User must record discard or disposition information that occurred on and was reported by a catcher vessel; that occurred on and was reported by a buying station; and that occurred prior to, during, and after production of groundfish at the mothership. Discards and dispositions also must be recorded when no groundfish are delivered but the blue DFL is submitted by a catcher vessel containing records of discards or disposition.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) If groundfish or prohibited species herring, enter species code, delivery condition code, disposition code, and weight (in pounds), and
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) If prohibited species halibut, salmon, or crab, enter species code, delivery condition code, disposition code, and count (in numbers of animals).
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Signatures.</E>
                             If delivery is groundfish, and reported by a mothership, both the User of the mothership and operator of the delivering catcher vessel must sign the landing report (ADF&amp;G fish ticket) by noon of the day following the delivery day.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">Submittal time limit.</E>
                             The User of a mothership must enter information described at paragraphs (e)(6)(i) and (ii) of this section into eLandings or other NMFS-approved software for each groundfish delivery from a specific vessel by noon of the day following the delivery day.
                        </P>
                        <P>
                            (7) 
                            <E T="03">Information entered for each IFQ halibut, CDQ halibut, and IFQ sablefish delivery</E>
                            —(i) 
                            <E T="03">Contents.</E>
                             The User of a Registered Buyer must enter the following information into eLandings or other NMFS-approved software for each IFQ halibut, CDQ halibut, and IFQ sablefish delivery:
                        </P>
                        <P>
                            (A) 
                            <E T="03">User identification.</E>
                             NMFS person ID of User.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Landing date.</E>
                             Date (mm/dd) of the landing.
                            <PRTPAGE P="35797"/>
                        </P>
                        <P>
                            (C) 
                            <E T="03">Landing location.</E>
                             Location of the landing (port code).
                        </P>
                        <P>
                            (D) 
                            <E T="03">Permit numbers.</E>
                             Permit number of the IFQ cardholder or CDQ halibut cardholder harvesting the fish and permit number of Registered Buyer receiving the IFQ halibut, IFQ sablefish, or CDQ halibut.
                        </P>
                        <P>
                            (E) 
                            <E T="03">Delivery information.</E>
                             As reported by the IFQ cardholder or CDQ halibut cardholder.
                        </P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) Harvesting vessel's ADF&amp;G vessel registration number.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Gear code used to harvest IFQ halibut, IFQ sablefish, or CDQ halibut.
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) ADF&amp;G fish ticket number(s) for the landing (after the initial eLandings report is submitted, eLandings assigns an ADF&amp;G fish ticket number to the landing report).
                        </P>
                        <P>
                            (
                            <E T="03">4</E>
                            ) ADF&amp;G statistical area of harvest.
                        </P>
                        <P>
                            (
                            <E T="03">5</E>
                            ) If ADF&amp;G statistical area is bisected by a line dividing two IFQ regulatory areas, provide the IFQ regulatory area of harvest reported by the IFQ cardholder or CDQ halibut cardholder, and
                        </P>
                        <P>
                            (
                            <E T="03">6</E>
                            ) Except as provided in paragraph (e)(7)(i)(E)(
                            <E T="03">7</E>
                            ) of this section, initial accurate scale weight(s) (in pounds) made at the time of offloading for IFQ halibut, IFQ sablefish, or CDQ halibut sold and retained (where retained includes: fish intended for personal use, fish weighed and reloaded for delivery to another processor, and fish landed but rejected at the dock by the Registered Buyer); species codes; delivery condition code; and disposition code for each ADF&amp;G statistical area of harvest.
                        </P>
                        <P>
                            (
                            <E T="03">7</E>
                            ) Accurate weight of IFQ sablefish processed product obtained before the offload may be substituted for the initial accurate scale weight provided in paragraph (e)(7)(i)(E)(
                            <E T="03">6</E>
                            ) of this section, at time of offload, if the vessel operator is a Registered Buyer reporting an IFQ sablefish landing.
                        </P>
                        <P>
                            (
                            <E T="03">8</E>
                            ) Indicate whether initial accurate scale weight is given with or without ice and slime. Fish which have been washed prior to weighing or which have been offloaded from refrigerated salt water are not eligible for a 2-percent deduction for ice and slime and must be reported as fish weights without ice and slime.
                        </P>
                        <P>
                            (
                            <E T="03">9</E>
                            ) Indicate whether IFQ halibut is incidental catch concurrent with legal landing of salmon or concurrent with legal landing of lingcod harvested using dinglebar gear.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Signatures.</E>
                             If reporting IFQ halibut, CDQ halibut, or IFQ sablefish, the User of the Registered Buyer and the IFQ cardholder or CDQ cardholder must sign the landing report (ADF&amp;G fish ticket), IFQ receipt, and IFQ manual landing report within 6 hours after all IFQ halibut, CDQ halibut, and IFQ sablefish are offloaded from a harvesting vessel and prior to shipment or transfer of the fish from the landing site.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">Time limits</E>
                            —(A) 
                            <E T="03">Landing hours.</E>
                             A landing of IFQ halibut, CDQ halibut, or IFQ sablefish may commence only between 0600 hours, A.l.t., and 1800 hours, A.l.t., unless permission to land at a different time (waiver) is granted in advance by a clearing officer.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Landing completion.</E>
                             The User of the Registered Buyer must submit a completed IFQ Landing Report (ADF&amp;G fish ticket), as described at paragraph (e)(7)(i) of this section, within 6 hours after all IFQ halibut, CDQ halibut, and IFQ sablefish are offloaded from a specific vessel and prior to shipment or transfer of said fish from the landing site.
                        </P>
                        <P>
                            (8) 
                            <E T="03">Information entered for each IFQ crab delivery</E>
                            —(i) 
                            <E T="03">Contents.</E>
                             The User of the Registered Crab Receiver must enter the following information into the eLandings or other NMFS-approved software for each IFQ crab delivery:
                        </P>
                        <P>
                            (A) 
                            <E T="03">Permit numbers.</E>
                             RCR permit number and IFQ permit number, and IPQ permit number, as appropriate.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Operation type.</E>
                             (
                            <E T="03">1</E>
                            ) If a shoreside processor or SFP, enter type of processing operation and port code from Table 14a or 14b to this part.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) If a catcher/processor, enter operation type from Table 14c to this part.
                        </P>
                        <P>
                            (C) 
                            <E T="03">Delivery information.</E>
                             As reported by IFQ permit holder.
                        </P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) ADF&amp;G vessel registration number of the delivering vessel.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Date (mm/dd) fishing began.
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) Date (mm/dd) of the IFQ crab landing.
                        </P>
                        <P>
                            (
                            <E T="03">4</E>
                            ) ADF&amp;G fish ticket number (automatically supplied).
                        </P>
                        <P>
                            (
                            <E T="03">5</E>
                            ) ADF&amp;G statistical area of harvest.
                        </P>
                        <P>
                            (
                            <E T="03">6</E>
                            ) Species code of catch from Table 2 to part 680.
                        </P>
                        <P>
                            (
                            <E T="03">7</E>
                            ) Delivery-condition codes of catch from Table 3a to this part.
                        </P>
                        <P>
                            (
                            <E T="03">8</E>
                            ) Number of crab retained and sold condition code, product type, size/grade, and sold pounds; and optionally, price per pound.
                        </P>
                        <P>
                            (
                            <E T="03">9</E>
                            ) Scale weight of deadloss (in pounds) and scale weight of crab retained for personal use (in pounds). Deadloss and personal use crab that an IPQ holder did not purchase will not be debited from the IPQ holder's account.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Signatures.</E>
                             For an IFQ crab delivery, the User of the RCR must sign the landing report (ADF&amp;G fish ticket) and the IFQ receipt; when appropriate, the IFQ permit holder or hired master, must also sign the landing report and the IFQ receipt within 6 hours after all crab is offloaded from the vessel.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">Submittal time limits.</E>
                             (A) Except as indicated in paragraph (e)(8)(iii)(B) of this section, the User of the RCR is required to submit a landing report described at paragraph (e)(8)(i) of this section within 6 hours after all crab is offloaded from the vessel.
                        </P>
                        <P>(B) For IFQ crab harvested on a catcher/processor, the User of the RCR is required to sign and submit an IFQ crab landing report to NMFS by Tuesday noon after the end of each weekly reporting period in which IFQ crab was harvested.</P>
                        <P>
                            (9) 
                            <E T="03">Information entered for IFQ crab custom processing landings.</E>
                             In addition to the information required in paragraph (e)(8) of this section, if custom processing IFQ crab, the User of the RCR must enter the ADF&amp;G processor code of the person for which the IFQ crab was custom processed.
                        </P>
                        <P>
                            (10) 
                            <E T="03">Shoreside processor or SFP information entered for eLandings production report</E>
                            —(i) 
                            <E T="03">Contents.</E>
                             eLandings autofills the following fields when creating an eLandings production report: FPP number, company name, ADF&amp;G processor code, User name, email address, and telephone number. In addition, the User of the shoreside processor or SFP must enter the following information:
                        </P>
                        <P>
                            (A) 
                            <E T="03">Date.</E>
                             Reporting date (mm/dd).
                        </P>
                        <P>
                            (B) 
                            <E T="03">Manager name and signature.</E>
                             Printed name and signature of the manager; and
                        </P>
                        <P>
                            (C) 
                            <E T="03">No production.</E>
                             Indicate if no production occurred.
                        </P>
                        <P>
                            (D) 
                            <E T="03">Product information.</E>
                             The User must enter the following information if production occurred:
                        </P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) Whether harvested in GOA or BSAI.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Product by species code, product type, and product code; and
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) Product weight in pounds.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Submittal time limits.</E>
                             The User of a shoreside processor or SFP must daily submit an eLandings production report when checked-in pursuant to paragraph (h)(2) of this section by noon each day to record the previous day's production information.
                        </P>
                        <P>
                            (11) 
                            <E T="03">Catcher/processor or mothership information entered for eLandings production report</E>
                            —(i) 
                            <E T="03">Contents.</E>
                             eLandings autofills the following fields when creating an eLandings production report: FFP number, company name, ADF&amp;G processor code, User name, email address, telephone number, and week-ending date. In addition, the User of the catcher/processor or mothership must enter the following information:
                        </P>
                        <P>
                            (A) 
                            <E T="03">Date.</E>
                             Reporting date (mm/dd).
                        </P>
                        <P>
                            (B) 
                            <E T="03">Crew size</E>
                             (including operator).
                        </P>
                        <P>
                            (C) 
                            <E T="03">Operator name and signature.</E>
                             Operator printed name and signature.
                            <PRTPAGE P="35798"/>
                        </P>
                        <P>
                            (D) 
                            <E T="03">No production.</E>
                             Indicate if no production occurred.
                        </P>
                        <P>
                            (E) 
                            <E T="03">Area.</E>
                             Federal reporting area where harvest occurred.
                        </P>
                        <P>
                            (F) 
                            <E T="03">Product information.</E>
                             The User must enter the following information if production occurred:
                        </P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) Product by species code, product type, and product code; and
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Product weight in metric tons.
                        </P>
                        <P>(G) Gear type of harvester.</P>
                        <P>
                            (H) 
                            <E T="03">ADF&amp;G fish ticket number.</E>
                             If a mothership, ADF&amp;G fish ticket number issued to catcher vessel at delivery.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Submittal time limits (This paragraph (e)(11)(ii) is effective until January 1, 2008).</E>
                             (A) The User of a mothership must submit daily an eLandings production report when checked-in pursuant to paragraph (h)(2) of this section by noon each day to record the previous day's production information.
                        </P>
                        <P>(B) The User of a catcher/processor must submit weekly an eLandings production report when checked-in pursuant to paragraph (h)(2) of this section by 1200 hours, A.l.t. on Tuesday following the end of the applicable weekly reporting period and for the last week of each calendar year (if still checked-in), when it ends at 2400 hours, A.l.t. December 31).</P>
                        <P>
                            (12) 
                            <E T="03">eLandings printed reports.</E>
                             The User daily must print onsite through eLandings each landing report (ADF&amp;G fish ticket), eLandings production report, and if an IFQ delivery, each IFQ receipt or IFQ manual landing report.
                        </P>
                        <P>(i) The User of the shoreside processor or SFP and the catcher vessel operator or buying station operator or manager must acknowledge the accuracy of the printed groundfish landing report by signing and dating it as indicated in paragraphs (e)(5)(ii) and (iii) of this section. The User of the shoreside processor or SFP must print each eLandings production report as indicated in paragraph (e)(10) of this section.</P>
                        <P>(ii) The User of the mothership and the catcher vessel operator or buying station operator must acknowledge the accuracy of the printed groundfish landing report by signing and dating it as indicated in paragraphs (e)(6)(ii) and (iii) of this section. The User of the mothership must print each eLandings production report as indicated in paragraph (e)(11) of this section.</P>
                        <P>(iii) The User of the catcher/processor must acknowledge the accuracy of the printed groundfish landing report by signing and dating it as indicated in paragraphs (e)(6)(ii) and (iii) of this section. The User of the catcher/processor must print each eLandings production as indicated in paragraph (e)(11) of this section.</P>
                        <P>(iv) The User of the Registered Buyer and the IFQ cardholder or CDQ cardholder must acknowledge the accuracy of the printed IFQ halibut, CDQ halibut, or IFQ sablefish landing report (ADF&amp;G fish ticket), IFQ receipt, and if necessary, IFQ manual landing report, by signing and dating it as indicated in paragraphs (e)(7)(ii) and (iii) of this section.</P>
                        <P>(v) The User of the Registered Crab Receiver and the IFQ permit holder or hired master must acknowledge the accuracy of the printed IFQ crab landing report, IFQ receipt, and, if necessary, IFQ manual landing report, by signing and dating it as indicated in paragraphs (e)(8)(ii) and (iii) of this section.</P>
                        <P>
                            (13) 
                            <E T="03">Retention of eLandings printed reports.</E>
                             The User must retain the printed copies as indicated at paragraph (a)(5) of this section. The User must make available the printed copies upon request of NMFS observers and authorized officers.
                        </P>
                        <P>
                            (f) 
                            <E T="03">Electronic logbooks (ELBs).</E>
                             An ELB may be used in place of a DFL or DCPL, described in paragraph (c) of this section. To satisfy ELB use requirements, the operator after data entry must routinely create three products: an ELB logsheet, an ELB discard report, and an ELB data export.
                        </P>
                        <P>
                            (1) 
                            <E T="03">Responsibility.</E>
                             The operator must notify the Regional Administrator by fax at 907-586-7465 to ensure that NMFS knows that the operator is using a NMFS-approved ELB instead of a DFL or DCPL, prior to participating in any Federal fishery.
                        </P>
                        <P>
                            (i) 
                            <E T="03">Catcher vessel longline and pot gear ELB.</E>
                             The operator of a catcher vessel using longline and pot gear may use a NMFS-approved catcher vessel longline or pot gear ELB in lieu of using the NMFS-prescribed catcher vessel longline or pot gear DFL required at paragraph (c)(3) of this section.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Catcher/processor longline and pot gear ELB.</E>
                             The operator of a catcher/processor using longline and pot gear may use a NMFS-approved catcher/processor longline or pot gear ELB in lieu of using the NMFS-prescribed catcher/processor longline or pot gear DCPL required at paragraph (c)(3) of this section.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">Catcher vessel trawl gear ELB.</E>
                             The operator of a catcher vessel using trawl gear may use a NMFS-approved catcher vessel trawl gear ELB in lieu of using the NMFS-prescribed catcher vessel trawl gear DFL required at paragraph (c)(4) of this section.
                        </P>
                        <P>
                            (iv) 
                            <E T="03">Catcher/processor trawl gear ELB.</E>
                             The operator of a catcher/processor using trawl gear may use a NMFS-approved catcher/processor trawl gear ELB in lieu of using the NMFS-prescribed catcher/processor trawl gear DCPL required at paragraph (c)(4) of this section.
                        </P>
                        <P>
                            (v) 
                            <E T="03">Mothership ELB.</E>
                             The operator of a mothership may use a NMFS-approved mothership ELB in lieu of using the NMFS-prescribed mothership DCPL required at paragraph (c)(6) of this section.
                        </P>
                        <P>(vi) If using a NMFS-approved ELB, the operator is not required to quarterly submit logsheets to OLE.</P>
                        <P>
                            (2) 
                            <E T="03">Requirements for using an ELB</E>
                            —(i) 
                            <E T="03">Use a NMFS-approved ELB.</E>
                             The operator must use only a NMFS-approved ELB. The Regional Administrator maintains a list of approved ELBs on the NMFS home page at 
                            <E T="03">http://www.fakr.noaa.gov</E>
                             (see also § 679.28(h) for approval of vendor software).
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Keep a current copy of DFL or DCPL onboard.</E>
                             To ensure proper recording of the vessel's fishing activity in the event of problems with the ELB, the operator must keep a current copy of the appropriate DFL or DCPL onboard. In the event that electronic transmission isn't made or confirmed for the ELB, the operator must enter information into the paper DFL or DCPL in accordance with the regulations at paragraphs (c)(1) through (c)(4) of this section. The operator must transfer any information recorded in a DFL or DCPL to the ELB when transmission resumes function.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">Enter all required information into the ELB</E>
                            —(A) 
                            <E T="03">Inactive.</E>
                             The operator must enter all required information, if inactive (see paragraph (c)(2) of this section).
                        </P>
                        <P>
                            (B) 
                            <E T="03">Active.</E>
                             The operator must enter all required information, if active (see paragraphs (c)(3) (c)(4), or (c)(6) of this section, as appropriate).
                        </P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) Record the haul number or set number, time and date gear set, time and date gear hauled, begin and end position, CDQ group number (if applicable), and hail weight for each haul or set within 2 hours after completion of gear retrieval.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Daily complete ELB data entry and printing of copies as indicated in paragraph (f)(3)(i) of this section.
                        </P>
                        <P>
                            (iv) 
                            <E T="03">Regularly backup ELB data.</E>
                             The operator must regularly backup ELB data to ensure that data are not lost in the event of hardware or software problems.
                        </P>
                        <P>
                            (v) 
                            <E T="03">Correct errors in ELB data.</E>
                             If after an ELB discard report and ELB logsheet are printed, an error is found in the data, the operator must make any necessary changes to the data, print a new copy of the ELB discard report and 
                            <PRTPAGE P="35799"/>
                            ELB logsheet, and export the revised file to NMFS. The operator must retain both the original and revised ELB reports.
                        </P>
                        <P>
                            (3) 
                            <E T="03">Printed copies.</E>
                             Upon completion of ELB data entry each day, the operator must print in the NMFS-specified format:
                        </P>
                        <P>
                            (i) 
                            <E T="03">ELB logsheet.</E>
                             (A) Print a copy of an ELB logsheet when a vessel is active, by noon each day to record the previous day's ELB information.
                        </P>
                        <P>(B) Print one ELB logsheet to describe a continuous period of inactivity, when a vessel is inactive.</P>
                        <P>(C) Print a copy of the ELB logsheet for the observer's use if an observer is present, by noon each day to record the previous day's ELB information.</P>
                        <P>
                            (ii) 
                            <E T="03">ELB discard report.</E>
                             (A) Print a copy of an ELB discard report upon completion of each fishing trip or each offload of fish.
                        </P>
                        <P>(B) If an observer is present, print a copy of the ELB discard report for the observer's use upon completion of each fishing trip or each offload of fish.</P>
                        <P>
                            (4) 
                            <E T="03">Signatures</E>
                            —(i) 
                            <E T="03">ELB logsheet.</E>
                             The operator daily must sign and date each printed ELB logsheet by noon each day to record the previous day's ELB information. The signature of the operator is verification of acceptance of the responsibility required in paragraph (a)(2) of this section.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">ELB discard report.</E>
                             The operator daily must sign and date each printed ELB discard report upon completion of each fishing trip or each offload of fish. The signature of the operator is verification of acceptance of the responsibility required in paragraph (a)(2) of this section.
                        </P>
                        <P>
                            (5) 
                            <E T="03">Submittal time limits.</E>
                             (i) The operator of a catcher vessel using an ELB must upon delivery of catch submit the ELB discard report to the mothership, shoreside processor, or SFP.
                        </P>
                        <P>(ii) The operator or manager of a buying station that receives groundfish catch from a catcher vessel using an ELB must upon delivery of catch submit the ELB discard report to the mothership, shoreside processor, or SFP and the ELB data export directly to the Regional Administrator or through the mothership, shoreside processor, or SFP.</P>
                        <P>
                            (6) 
                            <E T="03">Retention.</E>
                             The operator must keep a signed copy of each ELB logsheet and each ELB discard report, filed in sequence for immediate access by authorized personnel as described at paragraph (a)(5) of this section.
                        </P>
                        <P>
                            (7) 
                            <E T="03">ELB data export.</E>
                             The operator must transmit an ELB data export to NMFS at the specified e-mail address within 24 hours of completing each fishing trip or offload, either by submitting the data export:
                        </P>
                        <P>(i) Directly to NMFS as an email attachment; or</P>
                        <P>(ii) If a catcher vessel, directly to NMFS as an email attachment or to NMFS through a shoreside processor, SFP, or mothership who received his/her groundfish catch. Through a prior agreement with the catcher vessel, the operator of a mothership or the manager of a shoreside processor or SFP will forward the ELB data export to NMFS as an email attachment within 24 hours of completing receipt of the catcher vessel's catch.</P>
                        <P>
                            (iii) 
                            <E T="03">Return receipt.</E>
                             (A) Upon receiving an ELB data export, NMFS will generate a dated return-receipt to confirm receipt of the ELB data. If errors exist in the data transmitted to NMFS, the receipt will identify the errors. If errors are identified, the operator must correct the errors and send a revised transmission to NMFS who will then confirm acceptance of the ELB data.
                        </P>
                        <P>(B) The operator must retain the NMFS return receipt as described in paragraph (a)(5) of this section.</P>
                        <P>(C) If a return receipt from NMFS is not received within 24 hours, the operator of the catcher vessel, the operator of a catcher/processor, the operator of the mothership, or the manager of the shoreside processor or SFP forwarding the ELB data export for the operator of the catcher vessel, must contact NMFS by telephone at 907-586-7228 or fax at 907-586-7131 for instructions.</P>
                        <P>
                            (g) 
                            <E T="03">Product transfer report (PTR)</E>
                            —(1) 
                            <E T="03">General requirements.</E>
                             Except as provided in paragraphs (g)(2)(i) through (v) of this section, the operator or manager must record on a PTR those species that are listed in Tables 2a and 2c to this part when those species are transferred out of the facility or off the vessel and may record species listed in Table 2d to this part.
                        </P>
                        <STARS/>
                        <P>
                            (h) 
                            <E T="03">Check-in/check-out report</E>
                            —(1) 
                            <E T="03">Requirement.</E>
                             Except as described in paragraph (h)(2) of this section, the operator of a catcher/processor or mothership and manager of a shoreside processor or SFP must submit to NMFS a check-in report (BEGIN message) prior to becoming active and a check-out report (CEASE message) for every check-in report submitted. The check-in report and check-out report may be submitted by fax to 907-586-7131, or by e-mail to 
                            <E T="03">erreports.fakr@noaa.gov</E>
                            .
                        </P>
                        <P>
                            (2) 
                            <E T="03">Exception, two adjacent reporting areas.</E>
                             If on the same day a catcher/processor intends to fish in two adjacent reporting areas (an action which would require submittal of check-out reports and check-in reports multiple times a day when crossing back and forth across a reporting area boundary), and the two reporting areas have on that day and time an identical fishing status for every species, the operator must:
                        </P>
                        <P>(i) Submit to NMFS a check-in report to the first area prior to entering the first reporting area, and</P>
                        <P>(ii) Submit to NMFS a check-in report to the second area prior to entering the second reporting area.</P>
                        <P>(iii) Remain within 10 nautical miles (18.5 km) of the boundary described in paragraph (h)(2)(i) of this section.</P>
                        <P>(iv) If the catcher/processor proceeds in the second reporting area beyond 10 nautical miles (18.5 km) of the boundary between the two areas, the operator must submit a check-out report from the first reporting area. The operator must submit a check-out report from the second area upon exiting that reporting area.</P>
                        <P>
                            (3) 
                            <E T="03">Transit through reporting areas.</E>
                             The operator of a catcher/processor or mothership is not required to submit a check-in or check-out report if the vessel is transiting through a reporting area and is not fishing or receiving fish.
                        </P>
                        <P>
                            (4) 
                            <E T="03">Time limits and submittal.</E>
                             Except as indicated in paragraph (h)(2) of this section, the operator or manager must submit a check-in report and a check-out report according to the following table:
                        </P>
                        <GPOTABLE COLS="4" OPTS="L4,i1" CDEF="10L,xl10L,xl40L,xl40L">
                            <BOXHD>
                                <CHED H="1">For...</CHED>
                                <CHED H="1">If you are a...</CHED>
                                <CHED H="1">Submit a BEGIN message within this time limit</CHED>
                                <CHED H="1">Submit a CEASE message within this time limit</CHED>
                            </BOXHD>
                            <ROW RUL="n,s,s,s">
                                <ENT I="22">(i) Each reporting area, except 300, 400, 550, or 690</ENT>
                                <ENT>(A) C/P using trawl gear</ENT>
                                <ENT>Before gear deployment.</ENT>
                                <ENT>Within 24 hours after departing a reporting area but prior to checking-in another reporting area.</ENT>
                            </ROW>
                            <ROW RUL="n,s,s,s">
                                <PRTPAGE P="35800"/>
                                <ENT I="22"> </ENT>
                                <ENT>(B) C/P using longline or pot gear</ENT>
                                <ENT>Before gear deployment. May be checked in to more than one area simultaneously.</ENT>
                                <ENT>Upon completion of gear retrieval and within 24 hours after departing each reporting area.</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22"> </ENT>
                                <ENT>(C) MS</ENT>
                                <ENT>Before receiving groundfish, must check-in to reporting area(s) where groundfish were harvested. May be checked in to more than one area simultaneously.</ENT>
                                <ENT>
                                    Within 24 hours after receipt of fish is complete from that reporting area.
                                    <LI>If receipt of groundfish from a reporting area is expected to stop for at least one month during the fishing year and then start up again, may submit check-out report for that reporting area.</LI>
                                </ENT>
                            </ROW>
                            <ROW RUL="n,s,s,s">
                                <ENT I="22">(ii) COBLZ or RKCSA</ENT>
                                <ENT>(A) C/P using trawl gear</ENT>
                                <ENT>Prior to fishing. Submit one check-in for the COBLZ or RKCSA and another check-in for the area outside the COBLZ or RKCSA.</ENT>
                                <ENT>Upon completion of gear retrieval for groundfish, submit a separate check-out for the COBLZ or RKCSA and another check-out for the area outside the COBLZ or RKCSA.</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22"> </ENT>
                                <ENT>(B) MS</ENT>
                                <ENT>Before receiving groundfish harvested with trawl gear that were harvested in the COBLZ or RKCSA, submit one check-in for the COBLZ or RKCSA and another check-in for the area outside the COBLZ or RKCSA.</ENT>
                                <ENT>Upon completion of groundfish receipt, submit a separate check-out for the COBLZ or RKCSA and another check-out for the area outside the COBLZ or RKCSA.</ENT>
                            </ROW>
                            <ROW RUL="n,s,s,s">
                                <ENT I="22">(iii) Gear Type</ENT>
                                <ENT>(A) C/P</ENT>
                                <ENT>If in the same reporting area but using more than one gear type, prior to fishing submit a separate check-in for each gear type.</ENT>
                                <ENT>Upon completion of gear retrieval for groundfish, submit a separate check-out for each gear type for which a check-in was submitted.</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22"> </ENT>
                                <ENT>(B) MS</ENT>
                                <ENT>If harvested in the same reporting area but using more than one gear type, prior to receiving groundfish submit a separate check-in for each gear type.</ENT>
                                <ENT>Upon completion of receipt of groundfish, submit a separate check-out for each gear type for which a check-in was submitted.</ENT>
                            </ROW>
                            <ROW RUL="n,s,s,s">
                                <ENT I="22">(iv) CDQ</ENT>
                                <ENT>(A) MS</ENT>
                                <ENT>Prior to receiving groundfish CDQ, if receiving groundfish under more than one CDQ number, use a separate check-in for each CDQ number.</ENT>
                                <ENT>Within 24 hours after receipt of groundfish CDQ has ceased for each CDQ number.</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22"> </ENT>
                                <ENT>(B) C/P</ENT>
                                <ENT>Prior to fishing, submit a separate check-in for each CDQ number.</ENT>
                                <ENT>Within 24 hours after groundfish CDQ fishing for each CDQ number has ceased.</ENT>
                            </ROW>
                            <ROW RUL="n,s,s,s">
                                <ENT I="22">(v) Exempted or Research Fishery</ENT>
                                <ENT>(A) C/P</ENT>
                                <ENT>Prior to fishing, submit a separate check-in for each type.</ENT>
                                <ENT>Upon completion of receipt of groundfish submit a separate check-out for each type for which a check-in was submitted.</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22"> </ENT>
                                <ENT>(B) MS</ENT>
                                <ENT>Prior to receiving groundfish, submit a separate check-in for each type.</ENT>
                                <ENT>Upon completion of receipt of groundfish submit a separate check-out for each type for which a check-in was submitted.</ENT>
                            </ROW>
                            <ROW RUL="n,s,s,s">
                                <ENT I="22">(vi) AIP</ENT>
                                <ENT>(A) C/P</ENT>
                                <ENT>Prior to AI pollock fishing.</ENT>
                                <ENT>Within 24 hours after completion of gear retrieval for AI pollock.</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22"> </ENT>
                                <ENT>(B) MS</ENT>
                                <ENT>Before receiving AI pollock.</ENT>
                                <ENT>Within 24 hours after receipt of AIP pollock has ceased.</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22">(vii) Processor Type</ENT>
                                <ENT>C/P, MS</ENT>
                                <ENT>If a catcher/processor and functioning simultaneously as a mothership in the same reporting area, before functioning as either processor type.</ENT>
                                <ENT>Upon completion of simultaneous activity as both catcher/processor and mothership, a separate check-out, one for catcher/processor and one for mothership.</ENT>
                            </ROW>
                            <ROW RUL="n,s,s,s">
                                <ENT I="22">(viii) Change of fishing year</ENT>
                                <ENT>(A) C/P, MS</ENT>
                                <ENT>If continually active through the end of one fishing year and at the beginning of a second fishing year, submit a check-in for each reporting area to start the year on January 1.</ENT>
                                <ENT>If a check-out report was not previously submitted during a fishing year for a reporting area, submit a check-out report for each reporting area on December 31.</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22"> </ENT>
                                <ENT>(B) SS, SFP</ENT>
                                <ENT>If continually active through the end of one fishing year and at the beginning of a second fishing year, submit a check-in to start the year on January 1.</ENT>
                                <ENT>If a check-out report was not previously submitted during a fishing year, submit a check-out report on December 31.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22">(ix) Interruption of production</ENT>
                                <ENT>SS, SFP, MS</ENT>
                                <ENT>n/a</ENT>
                                <ENT>If receipt of groundfish is expected to stop for at least one month during the fishing year and then start up again, the manager or operator may choose to submit a check-out report.</ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>
                            (5) 
                            <E T="03">Required information.</E>
                             The operator of a catcher/processor or mothership and the manager of a shoreside processor or SFP must record the following information on a check-in 
                            <PRTPAGE P="35801"/>
                            report and a check-out report, as appropriate.
                        </P>
                        <GPOTABLE COLS="7" OPTS="L4,i1" CDEF="70L,xl1C,xl1C,xl1C,xl1C,xl1C,xl1C">
                            <BOXHD>
                                <CHED H="1">Required information</CHED>
                                <CHED H="1">Check-in Report</CHED>
                                <CHED H="2">MS</CHED>
                                <CHED H="2">C/P</CHED>
                                <CHED H="2">SS, SFP</CHED>
                                <CHED H="1">Check-out Report</CHED>
                                <CHED H="2">MS</CHED>
                                <CHED H="2">C/P</CHED>
                                <CHED H="2">SS, SFP</CHED>
                            </BOXHD>
                            <ROW RUL="s">
                                <ENT I="22">(i) Whether an original or revised report</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(ii) Vessel name, ADF&amp;G processor code, FFP number</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(iii) Processor name, ADF&amp;G processor code, FPP number</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(iv) Representative name, business telephone number, business fax number</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(v) COMSAT number (if applicable)</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(vi) Management program name (see paragraph (a)(1)(iii) of this section) and identifying number (if any). If harvest is not under one of these management programs, leave blank.</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(vii) Processor type, gear type</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(viii) Date (mm/dd/yy) and time (A.l.t., military format)</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(A) When receipt of groundfish will begin</ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(B) When gear deployment will begin</ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(C) Date will begin to receive groundfish</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(D) When the last receipt of groundfish was completed</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(E) When the vessel departed the reporting area</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(F) Date ceased to receive or process groundfish</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(ix) Position coordinates</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(A) Where groundfish receipt begins</ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(B) Where receiving groundfish (if SFP):</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(C) Where gear is deployed</ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(D) Where the last receipt of groundfish was completed</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(E) Where the vessel departed the reporting area</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(x) Reporting area code</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(A) Where gear deployment begins</ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(B) Where groundfish harvest occurred</ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(C) Where the last receipt of groundfish was completed</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(D) Where the vessel departed the reporting area</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">
                                    (xi) Primary and secondary target species
                                    <LI>A change in intended target species within the same reporting area does not require a new BEGIN message.</LI>
                                </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(A) Expected to be received the following week</ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(B) Expected to be harvested the following week</ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(xii) Indicate (YES or NO) whether this is a check-in report.</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(xiii) If YES, indicate</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(A) Checking in for the first time this fishing year</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <ENT I="22">(B) Checking in to restart receipt and processing of groundfish after filing a check-out report</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s">
                                <PRTPAGE P="35802"/>
                                <ENT I="22">(xiv) Indicate (YES or NO) whether this is a check-out report.</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22">(xv) If YES, indicate, indicate product weight of all fish or fish products (including non-groundfish) remaining at the facility (other than public cold storage) by species code and product code. Indicate if recorded in pounds or to the nearest 0.001 mt.</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>
                            (i) 
                            <E T="03">Weekly production report (WPR)</E>
                            —(1) 
                            <E T="03">Responsibility</E>
                            —(i) 
                            <E T="03">Requirement.</E>
                             Except as indicated in paragraph (i)(1)(ii) of this section, the operator or manager must submit a WPR for any week the mothership, catcher/processor, shoreside processor, or SFP is checked-in pursuant to paragraph (h)(1) of this section.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Exemption.</E>
                             If using eLandings or other NMFS-approved software (see paragraph (e) of this section), the operator or manager is exempt from the requirements to submit a WPR.
                        </P>
                        <P>
                            (2) 
                            <E T="03">Time limit and submittal.</E>
                             The operator or manager must submit a separate WPR to the Regional Administrator by fax at 907-586-7131 or by email at 
                            <E T="03">erreports.fakr@noaa.gov</E>
                             by 1200 hours, A.l.t. on Tuesday following the end of the applicable weekly reporting period.
                        </P>
                        <P>
                            (3) 
                            <E T="03">Submit separate WPR.</E>
                             The operator or manager must submit a separate WPR containing the following information:
                        </P>
                        <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="20L,xl10L,xl40L">
                            <BOXHD>
                                <CHED H="1">For...</CHED>
                                <CHED H="1">If you are a...</CHED>
                                <CHED H="1">Submit a separate WPR for...</CHED>
                            </BOXHD>
                            <ROW RUL="s,s,s">
                                <ENT I="22">(i) Federal reporting area</ENT>
                                <ENT>C/P, MS, SS, SFP</ENT>
                                <ENT>Each reporting area, except 300, 400, 550, and 690.</ENT>
                            </ROW>
                            <ROW RUL="s,s,s">
                                <ENT I="22">(ii) COBLZ or RKCSA</ENT>
                                <ENT>C/P, MS, SS, SFP</ENT>
                                <ENT>If groundfish are caught with trawl gear in the COBLZ or RKCSA, submit one WPR for fish harvested in the COBLZ or RKCSA and another WPR for fish harvested outside the COBLZ or RKCSA.</ENT>
                            </ROW>
                            <ROW RUL="s,s,s">
                                <ENT I="22">(iii) Gear Type</ENT>
                                <ENT>C/P, MS, SS, SFP</ENT>
                                <ENT>Each gear type of harvester if groundfish are caught in the same reporting area using more than one gear type.</ENT>
                            </ROW>
                            <ROW RUL="s,s,s">
                                <ENT I="22">(iv) Management program</ENT>
                                <ENT>C/P, MS, SS, SFP</ENT>
                                <ENT>If groundfish are caught under a special management program (see paragraph (a)(1)(iii) of this section), submit a separate WPR for each program and for each program number. If harvest is not under one of these management programs, leave blank.</ENT>
                            </ROW>
                            <ROW RUL="s,s,s">
                                <ENT I="22">(v) Processor Type</ENT>
                                <ENT>C/P, MS</ENT>
                                <ENT>If a vessel is operating simultaneously during a weekly reporting period as both a catcher/ processor and a mothership, the operator must submit two separate WPRs for that week, one for catcher/processor fishing activity and one for mothership fishing activity.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22">(vi) Change of fishing year</ENT>
                                <ENT>C/P, MS, SS, SFP</ENT>
                                <ENT>
                                    If continually active through the end of one fishing year and at the beginning of a second fishing year, the operator or manager must submit a WPR for each reporting area:
                                    <LI> </LI>
                                    <LI>(A) To complete the year at 2400 hours A.l.t., December 31, if still active regardless of where this date falls within the weekly reporting period.</LI>
                                    <LI> </LI>
                                    <LI>(B) To start the year on January 1, if still active regardless of where this date falls within the weekly reporting period.</LI>
                                </ENT>
                            </ROW>
                        </GPOTABLE>
                        <P>
                            (4) 
                            <E T="03">Required information.</E>
                             The operator of a catcher/processor or mothership and the manager of a shoreside processor or SFP must record the following information on a WPR:
                        </P>
                        <GPOTABLE COLS="4" OPTS="L4,i1" CDEF="90L,xl1C,xl1C,xl1C">
                            <BOXHD>
                                <CHED H="1">Requirement</CHED>
                                <CHED H="1">If you are a...</CHED>
                                <CHED H="2">C/P</CHED>
                                <CHED H="2">MS</CHED>
                                <CHED H="2">SS, SFP</CHED>
                            </BOXHD>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22">(i) Whether original or revised WPR</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22">(ii) Week-ending date</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22">(iii) Processor name, ADF&amp;G processor code, FPP number</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22">(iv) Processor name, ADF&amp;G processor code, FFP number</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22">(v) Representative name, email address, telephone number, fax number, date (mm/dd/yy) WPR completed</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22">(vi) Management program name (see paragraph (a)(1)(iii) of this section) and identifying number (if any). If harvest is not under one of these management programs, leave blank.</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <PRTPAGE P="35803"/>
                                <ENT I="22">(vii) Reporting area of harvest</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22">(viii) If groundfish are caught with trawl gear in the COBLZ or RKCSA, submit one report for fish harvested in the COBLZ or RKCSA and another report for fish harvested outside the COBLZ or RKCSA.</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22">(ix) Gear type of harvester</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22">(x) Processor type and crew size</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22">(xi) Groundfish landings weekly cumulative scale weights (to the nearest 0.001 mt) recorded by species codes, product codes, and product designations. If no landings occurred for a weekly reporting period, write “No landings” across the appropriate columns.</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22">(xii) Discard or disposition weights (to the nearest 0.001 mt) or PSC numbers by species codes and product codes. If no discard or disposition occurred for a weekly reporting period, write “No discard or disposition” across the appropriate columns.</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22">(xiii) Groundfish product weekly cumulative product weights by scale weight or fish product weight (to the nearest 0.001 mt) recorded by species codes, product codes, and product designations. If no production occurred for a weekly reporting period, write “No production” across the appropriate columns.</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW RUL="s,s,s,s">
                                <ENT I="22">(xiv) BSAI or GOA management area</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22">(xv) ADF&amp;G fish ticket numbers issued to catcher vessels</ENT>
                                <ENT> </ENT>
                                <ENT>X</ENT>
                                <ENT>X</ENT>
                            </ROW>
                        </GPOTABLE>
                        <STARS/>
                        <P>(l) * * *</P>
                        <P>(1) * * *</P>
                        <P>
                            (iv) 
                            <E T="03">Exemption</E>
                            —(A) 
                            <E T="03">Halibut.</E>
                             An IFQ landing of halibut of 500 lb or less of IFQ weight determined pursuant to § 679.42(c)(2) and concurrent with a legal landing of salmon harvested using hand troll gear or power troll gear is exempt from the PNOL required by this section.
                        </P>
                        <P>
                            (B) 
                            <E T="03">Lingcod.</E>
                             An IFQ landing of halibut of 500 lb or less of IFQ weight determined pursuant to § 679.42(c)(2) and concurrent with a legal landing of lingcod harvested using dinglebar gear is exempt from the PNOL required by this section.
                        </P>
                        <P>
                            (2) 
                            <E T="03">IFQ landing</E>
                            —(i) 
                            <E T="03">Remain at landing site.</E>
                             Once the landing has commenced, the IFQ cardholder or CDQ cardholder and the harvesting vessel may not leave the landing site until the IFQ halibut, IFQ sablefish, or CDQ halibut account is properly debited (see § 679.40(h)).
                        </P>
                        <P>
                            (ii) 
                            <E T="03">No movement.</E>
                             The offloaded IFQ halibut, CDQ halibut, or IFQ sablefish may not be moved from the landing site until the IFQ Landing Report is completed through eLandings or other NMFS-approved software and the IFQ cardholder's or CDQ cardholder's account is properly debited (see § 679.40(h)).
                        </P>
                        <P>
                            (iii) 
                            <E T="03">Single offload site</E>
                            —(A) 
                            <E T="03">IFQ halibut and CDQ halibut.</E>
                             The vessel operator who lands IFQ halibut or CDQ halibut must continuously and completely offload at a single offload site all halibut onboard the vessel.
                        </P>
                        <P>
                            (B) 
                            <E T="03">IFQ sablefish.</E>
                             The vessel operator who lands IFQ sablefish must continuously and completely offload at a single offload site all sablefish onboard the vessel.
                        </P>
                        <STARS/>
                    </SECTION>
                    <P>5. In § 679.5, revised paragraphs (c)(1)(ii)(C), (c)(1)(iii)(C), and (e)(11)(ii) are further revised on January 1, 2008, to read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 679.5</SECTNO>
                        <SUBJECT>Recordkeeping and reporting (R&amp;R).</SUBJECT>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>(1) * * *</P>
                        <P>(ii) * * *</P>
                        <P>
                            (C) 
                            <E T="03">eLandings (see paragraph (e) of this section).</E>
                             (
                            <E T="03">1</E>
                            ) The operator of a mothership that receives groundfish and that is issued an FFP under § 679.4 is required daily to use eLandings during the fishing year to report processor identification information, groundfish production data, and groundfish and prohibited species discard or disposition data in lieu of the mothership DCPL (see paragraph (c)(6) of this section) and WPR (see paragraph (i) of this section) during the time the mothership is checked-in (see paragraph (h) of this section). The operator is not required to complete the “Production” nor “Discard or Disposition” sections of the DCPL (see paragraph (c) of this section); enter “eLandings” in those sections of the DCPL. The operator must record the processor identification information and catcher vessel and buying station groundfish delivery information in the DCPL.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) The operator of a mothership must create, print, and sign a paper copy of each ADF&amp;G fish ticket and retain that document per paragraph (a)(5) of this section. In addition, the operator must print and sign an additional copy of each ADF&amp;G fish ticket and provide it to the operator of the catcher vessel delivering groundfish to the mothership by 1200 hours, A.l.t., on Tuesday following the end of applicable weekly reporting period.
                        </P>
                        <P>(iii) * * *</P>
                        <P>
                            (C) 
                            <E T="03">eLandings (see paragraph (e) of this section).</E>
                             The operator of a catcher/processor that harvests groundfish and that is issued an FFP under § 679.4 is required to use eLandings during the fishing year to report daily processor identification information, groundfish production data, and groundfish and prohibited species discard or disposition data in lieu of the catcher/processor WPR (see paragraph (i) of this section) during the time the catcher/processor is checked-in (see paragraph (h) of this section). The operator is not required to complete the “Production” nor “Discard or Disposition” sections of the DCPL (see paragraph (c) of this section); enter “eLandings” in those sections of the DCPL. The operator must record the processor identification information and catch-by-haul or catch-by-set information in the DCPL.
                        </P>
                        <STARS/>
                        <P>(e) * * *</P>
                        <P>(11) * * *</P>
                        <P>
                            (ii) 
                            <E T="03">Submittal time limits.</E>
                             The User of a mothership or catcher/processor must submit daily an eLandings production 
                            <PRTPAGE P="35804"/>
                            report when checked-in pursuant to paragraph (h)(2) of this section by noon each day to record the previous day's production information.
                        </P>
                        <STARS/>
                    </SECTION>
                    <P>6. In § 679.7, paragraph (a)(1)(iii) is added to read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 679.7</SECTNO>
                        <SUBJECT>Prohibitions.</SUBJECT>
                        <STARS/>
                        <P>(a) * * *</P>
                        <P>(1) * * *</P>
                        <P>(iii) Conduct fishing operations from a vessel using other than the operation type(s) specified on the FFP (see § 679.4(b)) issued for that vessel.</P>
                        <STARS/>
                    </SECTION>
                    <P>7. In § 679.22, paragraph (b)(6) is removed and reserved, and paragraphs (b)(5)(i) and (b)(5)(ii) are revised to read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 679.22</SECTNO>
                        <SUBJECT>Closures.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(5) * * *</P>
                        <P>(i) No FFP holder may fish for groundfish in the Sitka Pinnacles Marine Reserve, and no vessel named on an FFP may be anchored in the Sitka Pinnacles Marine Reserve, as described in Figure 18 to this part.</P>
                        <P>(ii) No person fishing under an IFQ halibut permit may fish for halibut and no person fishing under an IFQ sablefish permit may fish for sablefish in the Sitka Pinnacles Marine Reserve; and no vessel with an IFQ permit holder or IFQ card holder onboard may be anchored in the Sitka Pinnacles Marine Reserve, as described in Figure 18 to this part.</P>
                        <STARS/>
                    </SECTION>
                    <P>8. In § 679.28:</P>
                    <P>A. Paragraphs (b)(2)(iii)(A) and (B) are removed.</P>
                    <P>B. Paragraph (b)(2)(v) is removed and reserved.</P>
                    <P>C. Paragraphs (f)(4)(iii) and (h) are added.</P>
                    <P>D. Paragraphs (a), (b)(2)(iii), (b)(2)(iv), (b)(2)(vi)(A), (f)(4)(i), (f)(4)(ii), and (f)(5) are revised.</P>
                    <P>The revisions and additions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 679.28</SECTNO>
                        <SUBJECT>Equipment and operational requirements.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Applicability.</E>
                             This section contains the operational requirements for scales, observer sampling stations, bins for volumetric estimates, vessel monitoring system hardware, catch monitoring and control plan, and catcher vessel electronic logbook software.
                        </P>
                        <P>(b) * * *</P>
                        <P>(2) * * *</P>
                        <P>
                            (iii) 
                            <E T="03">Who may perform scale inspections and approvals?</E>
                             Scales must be inspected and approved by a NMFS-staff scale inspector or an inspector designated by NMFS and trained by a NMFS-staff scale inspector.
                        </P>
                        <P>
                            (iv) 
                            <E T="03">How does a vessel owner arrange for a scale inspection?</E>
                             The operator must submit a request for a scale inspection at least 10 working days in advance of the requested inspection by filing a request online or by printing and faxing the scale inspection request at 
                            <E T="03">http://www.fakr.noaa.gov/scales/default.htm</E>
                            .
                        </P>
                        <STARS/>
                        <P>(vi) * * *</P>
                        <P>(A) Make the vessel and scale available for inspection by the scale inspector.</P>
                        <STARS/>
                        <P>(f) * * *</P>
                        <P>(4) * * *</P>
                        <P>(i) Register your VMS unit with an appropriate service provider;</P>
                        <P>(ii) Use VMS check-in report to contact OLE by fax at 907-586-7703 and provide the date (mm/dd/yy), vessel name, USCG documentation number, FFP number or Federal crab vessel permit number, name and telephone number of contact person, and VMS transmitter ID or serial number; and</P>
                        <P>(iii) Call OLE at 907-586-7225, Monday through Friday, between the hours of 0800 hours, A.l.t., and 1630 hours, A.l.t., at least 72 hours before leaving port and receive confirmation that the transmissions are being received.</P>
                        <P>
                            (5) 
                            <E T="03">What must the vessel owner do when the vessel replaces a VMS transmitter?</E>
                             If you are a vessel owner who must use a VMS and you wish to replace a transmitter, you must follow the reporting and confirmation procedure for the replacement transmitter, as described in paragraph (f)(4) of this section.
                        </P>
                        <STARS/>
                        <P>
                            (h) 
                            <E T="03">ELB software</E>
                            —(1) 
                            <E T="03">How do I get my ELB software approved by NMFS?</E>
                            —(i) 
                            <E T="03">Specifications.</E>
                             NMFS will provide specifications for ELB software upon request. Interested parties may contact NMFS by mail at NMFS Alaska Region, Sustainable Fisheries Division, Catch Accounting/Data Quality, P.O. Box 21668, Juneau, Alaska 99802-1668; by telephone at 907-586-7228, or by email at 
                            <E T="03">erreports.fakr@noaa.gov</E>
                            . The four types of ELB software are:
                        </P>
                        <P>(A) Catcher vessel longline or pot gear (see § 679.5(c)(3));</P>
                        <P>(B) Catcher/processor longline or pot gear (see § 679.5(c)(3));</P>
                        <P>(C) Catcher vessel trawl gear (see § 679.5(c)(4)); and</P>
                        <P>(D) Catcher/processor trawl gear (see § 679.5(c)(4)).</P>
                        <P>
                            (ii) 
                            <E T="03">ELB submittal package.</E>
                             A vendor or developer wishing to have an ELB approved by NMFS must submit:
                        </P>
                        <P>(A) A fully operational test copy of the software; and</P>
                        <P>(B) An application for ELB-approval giving the following information:</P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) Company, contact person, address, telephone number, and fax number for the company developing the software;
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Name and type of software; and
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) Printed name and signature of individual submitting the software for approval.
                        </P>
                        <P>(C) Copies of all manuals and documentation for the software.</P>
                        <P>
                            (iii) 
                            <E T="03">ELB approval.</E>
                             NMFS will approve ELB software within 15 working days of receipt of all required information if the software meets the following standards:
                        </P>
                        <P>(A) Has fields for the entry of all information required for a paper DFL or DCPL as described in § 679.5(c)(3) and (c)(4), as appropriate.</P>
                        <P>(B) The software must automatically time and date stamp each printed copy of the ELB logsheet and ELB discard report and clearly identify the first printed copy as an original. If any changes are made to the data in the ELB, subsequent printed copies must clearly be identified as revised. The software must be designed to prevent the operator from overriding this feature.</P>
                        <P>(C) The software must export data as an ASCII comma delimited text file or other format approved by NMFS.</P>
                        <P>(D) The software must integrate with the vessel's global positioning system (GPS) to allow vessel location fields to be completed automatically.</P>
                        <P>(E) When the software is started, it must clearly show the software version number.</P>
                        <P>(F) The software must be designed to facilitate the transfer of an export file to NMFS as an email attachment.</P>
                        <P>(G) The software must be designed to ensure that an operator can comply with the requirements for ELB use as described in § 679.5(f).</P>
                        <P>(H) The software must include sufficient data validation capability to prevent a submitter from accidentally transmitting a data file or printing an ELB logsheet that is incomplete or contains clearly erroneous data.</P>
                        <P>
                            (2) 
                            <E T="03">What if I need to make changes to NMFS-approved ELB software?</E>
                            —(i) 
                            <E T="03">NMFS-instigated changes.</E>
                             NMFS will provide the developer with information that affects the ELB software as soon as it is available for distribution, e.g., changes in species codes or product codes.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Developer-instigated changes.</E>
                             The developer must submit a copy of the changed software along with 
                            <PRTPAGE P="35805"/>
                            documentation describing the need for the change to NMFS for review and approval as described in paragraph (h)(1)(i) of this section. NMFS will review and approve the new version according to the guidelines set forth in paragraph (h)(1)(ii) of this section.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">NMFS-approved ELB changes.</E>
                             If changes to ELB software are approved by NMFS, the developer must:
                        </P>
                        <P>(A) Give the revised software a new version number;</P>
                        <P>(B) Notify all known ELB users of the software that a new version is available; and</P>
                        <P>(C) Ensure that the ELB users are provided with a revised copy within 15 days of notification.</P>
                    </SECTION>
                    <P>9. In § 679.40, paragraph (c)(3) is revised and paragraph (h) is added to read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 679.40</SECTNO>
                        <SUBJECT>Sablefish and halibut QS.</SUBJECT>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>
                            (3) 
                            <E T="03">IFQ permit.</E>
                             The Regional Administrator shall issue to each QS holder, pursuant to § 679.4, an IFQ permit specifying the maximum amount of halibut and sablefish that may be harvested with fixed gear in a specified IFQ regulatory area and vessel category. Such IFQ permits will be mailed to each QS holder at the address on record for that person prior to the start of the IFQ fishing season.
                        </P>
                        <STARS/>
                        <P>
                            (h) 
                            <E T="03">Properly debited landing</E>
                            —(1) 
                            <E T="03">Source of debit.</E>
                             NMFS shall use the following sources of information to debit a CDQ halibut, IFQ halibut, or IFQ sablefish account:
                        </P>
                        <P>
                            (i) 
                            <E T="03">Unprocessed landing.</E>
                             Except as provided in paragraph (h)(1)(ii) of this section, if offload of unprocessed IFQ halibut, CDQ halibut, or IFQ sablefish from a vessel, the scale weight (in pounds) of the halibut or sablefish product actually measured at the time of offload, as required by § 679.5(e)(8)(i)(K) to be included in the IFQ Landing Report.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Processed landing.</E>
                             If offload of processed IFQ halibut, CDQ halibut, or IFQ sablefish from a vessel, the scale weight (in pounds) of the halibut or sablefish processed product actually measured at or before the time of offload.
                        </P>
                        <P>
                            (2) 
                            <E T="03">Box or container markings.</E>
                             If the product scale weights are taken before the time of offload, then the species and actual product weight of each box or container must be visibly marked on the outside of each container to facilitate inspection by OLE or designees.
                        </P>
                        <P>
                            (3) 
                            <E T="03">Permit holder's account.</E>
                             Except as provided in paragraph (g) of this section, all IFQ halibut, CDQ halibut, and IFQ sablefish catch onboard a vessel must be weighed and debited from the IFQ permit holder's account or CDQ halibut permit holder's account under which the catch was harvested (see § 679.5(e)).
                        </P>
                    </SECTION>
                    <P>10. In § 679.42:</P>
                    <P>A. Paragraphs (c)(1)(iii), (c)(1)(iv), (c)(3), and (j)(6) are removed.</P>
                    <P>B. Paragraph (h)(4) is added.</P>
                    <P>C. Paragraphs (c)(2) and (h)(3) are revised.</P>
                    <P>D. Paragraph (j)(7) is redesignated as paragraph (j)(6).</P>
                    <P>The revisions and additions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 679.42</SECTNO>
                        <SUBJECT>Limitations on use of QS and IFQ.</SUBJECT>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>(2) A corporation, partnership, or other non-individual entity, except for a publicly held corporation, that receives an allocation of QS must provide annual updates to the Regional Administrator identifying all current shareholders, partners, or members to the individual person level and affirming the entity's continuing existence as a corporation or partnership, or other non-individual entity.</P>
                        <STARS/>
                        <P>(h) * * *</P>
                        <P>
                            (3) 
                            <E T="03">Excess.</E>
                             An IFQ permit holder who receives an approved IFQ allocation of halibut or sablefish in excess of these limitations may nevertheless catch and retain all of that IFQ with a single vessel. However, two or more IFQ permit holders may not catch and retain their IFQs with one vessel in excess of these limitations.
                        </P>
                        <P>
                            (4) 
                            <E T="03">Liability.</E>
                             Owners of vessels exceeding these limitations are jointly and severally liable with IFQ permit holders and IFQ cardholders whose harvesting causes the vessel to exceed these limitations.
                        </P>
                        <STARS/>
                    </SECTION>
                    <P>11. In 679.50, paragraph (g)(1)(ix)(A) is revised to read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 679.50</SECTNO>
                        <SUBJECT>Groundfish Observer Program (applicable through December 31, 2007).</SUBJECT>
                        <STARS/>
                        <P>(g) * * *</P>
                        <P>(1) * * *</P>
                        <P>(ix) * * *</P>
                        <P>(A) Ensure that transfers of observers at sea are carried out during daylight hours, under safe conditions, and with the agreement of observers involved.</P>
                        <STARS/>
                    </SECTION>
                    <SECTION>
                        <SECTNO>§§ 679.1, 679.2, 679.4, 679.5, 679.20, 679.21, 679.22, 679.28, 679.42, and 679.61</SECTNO>
                        <SUBJECT>[Amended]</SUBJECT>
                    </SECTION>
                    <P>12. At each of the locations shown in the Location column, remove the phrase indicated in the “Remove” column and replace it with the phrase indicated in the “Add” column for the number of times indicated in the “Frequency” column.</P>
                    <GPOTABLE COLS="4" OPTS="L4,i1" CDEF="30L,xl40L,xl40L,xl5C">
                        <BOXHD>
                            <CHED H="1">Location</CHED>
                            <CHED H="1">Remove</CHED>
                            <CHED H="1">Add</CHED>
                            <CHED H="1">Frequency</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.1 introductory text</ENT>
                            <ENT>under the Magnuson- Stevens Fishery Conservation and Management Act and the Northern Pacific Halibut Act</ENT>
                            <ENT>
                                under the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 
                                <E T="03">et seq.</E>
                                 (Magnuson-Stevens Act) and the Northern Pacific Halibut Act of 1982 (Halibut Act)
                            </ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.1(a)(2)</ENT>
                            <ENT>5 AAC 28.110</ENT>
                            <ENT>5 AAC 28.111</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.2 definition of “Authorized distributor”</ENT>
                            <ENT>food bank distributors</ENT>
                            <ENT>food bank distributors (see § 679.26, Prohibited Species Donation Program)</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.2 definition of “Authorized fishing gear” paragraph (14)(iii)</ENT>
                            <ENT>paragraph (10)(ix)</ENT>
                            <ENT>paragraph (14)(ix)</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.2 definition of “Authorized fishing gear” paragraphs (14)(iv) and (14)(v)</ENT>
                            <ENT>paragraph (10)(iii)</ENT>
                            <ENT>paragraph (14)(iii)</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <PRTPAGE P="35806"/>
                            <ENT I="22">§ 679.2 definition of “Basis species”</ENT>
                            <ENT>authorized to harvest</ENT>
                            <ENT>authorized to harvest (see Tables 10 and 11 to this part)</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.2 definition of “Catcher/processor”</ENT>
                            <ENT>
                                <E T="03">Catcher/processor</E>
                                 means
                            </ENT>
                            <ENT>
                                <E T="03">Catcher/processor (C/P)</E>
                                 means
                            </ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.2 definition of “Catcher vessel”</ENT>
                            <ENT>
                                <E T="03">Catcher vessel</E>
                                 means
                            </ENT>
                            <ENT>
                                <E T="03">Catcher vessel (CV) means</E>
                            </ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.2 definition of “Endorsement” paragraphs (1) and (2)</ENT>
                            <ENT>LLP permits</ENT>
                            <ENT>LLP licenses</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.2 definition of “Prohibited species”</ENT>
                            <ENT>regulated under this part</ENT>
                            <ENT>issued an FFP under § 679.4(b)</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.2 definition of “Stationary floating processor”</ENT>
                            <ENT>
                                <E T="03">Stationary floating processor</E>
                            </ENT>
                            <ENT>
                                <E T="03">Stationary floating processor (SFP)</E>
                            </ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.2 definition of “Vessel operations category”</ENT>
                            <ENT>§ 679.5(b)(3)</ENT>
                            <ENT>§ 679.4(b)(3)</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.4(b)(5)(ii) and (f)(2)(ii)</ENT>
                            <ENT>owner; and the name</ENT>
                            <ENT>owner; and if applicable, the name</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.4(b)(5)(iii)</ENT>
                            <ENT>horsepower; whether this is a vessel of the United States; and whether this vessel will be used as a stationary floating processor</ENT>
                            <ENT>horsepower; and whether this is a vessel of the United States</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.4(d)(1)(i), (d)(2)(i), (d)(3)(i), (d)(3)(iv), and (e)(2)</ENT>
                            <ENT>suspended, or modified</ENT>
                            <ENT>suspended, surrendered under paragraph (a)(9) of this section, or modified</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.4(k) heading</ENT>
                            <ENT>
                                <E T="03">Licenses for license limitation groundfish or crab species</E>
                            </ENT>
                            <ENT>
                                <E T="03">Licenses for license limitation program (LLP) groundfish or crab species</E>
                            </ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.4(k)(5)(iv)</ENT>
                            <ENT>Pacific time</ENT>
                            <ENT>Alaska local time</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.5(g)(1)(i) heading</ENT>
                            <ENT>
                                <E T="03">Groundfish.</E>
                            </ENT>
                            <ENT>
                                <E T="03">Groundfish and donated prohibited species.</E>
                            </ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.5(n)(1)(i)</ENT>
                            <ENT>SPELR</ENT>
                            <ENT>eLandings</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.5(p)(2)</ENT>
                            <ENT>Alaska Department of Fish &amp; Game, Division of Commercial Fisheries</ENT>
                            <ENT>ADF&amp;G Division of Commercial Fisheries</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.5(r)(3) heading</ENT>
                            <ENT>SPELR</ENT>
                            <ENT>eLandings</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.5(r)(3)</ENT>
                            <ENT>SPELR</ENT>
                            <ENT>eLandings</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.20(e) heading</ENT>
                            <ENT>
                                <E T="03">Maximum retainable amounts—</E>
                            </ENT>
                            <ENT>
                                <E T="03">Maximum retainable amounts (MRA)—</E>
                            </ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.20(g)(2)(iii)</ENT>
                            <ENT>§ 679.5(a)(9)</ENT>
                            <ENT>§ 679.5(a)(8)(v)(C)</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.21(a)(2)</ENT>
                            <ENT>motherships and shoreside processors</ENT>
                            <ENT>motherships, shoreside processors, and SFPs</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.21(e)(1)(ii)</ENT>
                            <ENT>(e)(1)(iii)(A) through (C)</ENT>
                            <ENT>(e)(1)(ii)(A) through (C)</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.21(e)(7)(vii)</ENT>
                            <ENT>during August</ENT>
                            <ENT>during the period August</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.22(b)(1)(iii)</ENT>
                            <ENT>open to any trawl other than a pelagic trawl gear year round</ENT>
                            <ENT>open unless otherwise closed to trawling</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.28(c)(3)(i)</ENT>
                            <ENT>§ 679.5(a)(13)</ENT>
                            <ENT>§ 679.5(c)(1)(iv)</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 679.42(j) introductory text</ENT>
                            <ENT>corporation or partnership</ENT>
                            <ENT>corporation, partnership, or other non-individual entity</ENT>
                            <ENT>4</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">§ 679.61(d)(1) and (e)(1)</ENT>
                            <ENT>paragraph (c)</ENT>
                            <ENT>paragraph (d)</ENT>
                            <ENT>1</ENT>
                        </ROW>
                    </GPOTABLE>
                    <P>13. Figure 3a to part 679 is revised to read as follows:</P>
                    <BILCOD>BILLING CODE 3510-22-S</BILCOD>
                    <GPH SPAN="3" DEEP="478">
                        <PRTPAGE P="35807"/>
                        <GID>EP29JN07.000</GID>
                    </GPH>
                    <P>14. Figure 5a to part 679 is revised to read as follows:</P>
                    <GPH SPAN="3" DEEP="554">
                        <PRTPAGE P="35808"/>
                        <GID>EP29JN07.001</GID>
                    </GPH>
                    <P>15. Figure 7 to part 679 is revised to read as follows:</P>
                    <GPH SPAN="3" DEEP="510">
                        <PRTPAGE P="35809"/>
                        <GID>EP29JN07.002</GID>
                    </GPH>
                    <P>16. Figure 12 to part 679 is revised to read as follows:</P>
                    <GPH SPAN="3" DEEP="441">
                        <PRTPAGE P="35810"/>
                        <GID>EP29JN07.003</GID>
                    </GPH>
                    <BILCOD>BILLING CODE 3510-22-C BILLING CODE 3510-22-C</BILCOD>
                    <PRTPAGE P="35811"/>
                    <P>17. Table 1 to part 679 is removed; Tables 1a, 1b, and 1c to part 679 are added; and Tables 2a and 2b to part 679 are revised to read as follows:</P>
                    <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="s125L,xl20C">
                        <TTITLE>Table 1a to Part 679—Delivery Condition and Product Codes</TTITLE>
                        <BOXHD>
                            <CHED H="1">Description</CHED>
                            <CHED H="1">Code</CHED>
                        </BOXHD>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">GENERAL USE CODES</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s,s">
                            <ENT I="22">Belly flaps. Flesh in region of pelvic and pectoral fins and behind head (ancillary only).</ENT>
                            <ENT>19</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Bled only. Throat, or isthmus, slit to allow blood to drain.</ENT>
                            <ENT>03</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Bled fish destined for fish meal (includes offsite production). DO NOT RECORD ON PTR.</ENT>
                            <ENT>42</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Bones (if meal, report as 32) (ancillary only).</ENT>
                            <ENT>39</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Butterfly, no backbone. Head removed, belly slit, viscera and most of backbone removed; fillets attached.</ENT>
                            <ENT>37</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Cheeks. Muscles on sides of head (ancillary only).</ENT>
                            <ENT>17</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Chins. Lower jaw (mandible), muscles, and flesh (ancillary only).</ENT>
                            <ENT>18</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Fillets, deep-skin. Meat with skin, adjacent meat with silver lining, and ribs removed from sides of body behind head and in front of tail, resulting in thin fillets.</ENT>
                            <ENT>24</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Fillets, skinless/boneless. Meat with both skin and ribs removed, from sides of body behind head and in front of tail.</ENT>
                            <ENT>23</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Fillets with ribs, no skin. Meat with ribs with skin removed, from sides of body behind head and in front of tail.</ENT>
                            <ENT>22</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Fillets with skin and ribs. Meat and skin with ribs attached, from sides of body behind head and in front of tail.</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Fillets with skin, no ribs. Meat and skin with ribs removed, from sides of body behind head and in front of tail.</ENT>
                            <ENT>21</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Fish meal. Meal from whole fish or fish parts; includes bone meal.</ENT>
                            <ENT>32</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Fish oil. Rendered oil from whole fish or fish parts. Record only oil destined for sale and not oil stored or burned for fuel onboard.</ENT>
                            <ENT>33</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Gutted, head on. Belly slit and viscera removed.</ENT>
                            <ENT>04</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Gutted, head off. Belly slit and viscera removed.</ENT>
                            <ENT>05</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Head and gutted, with roe.</ENT>
                            <ENT>06</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Headed and gutted, Western cut. Head removed just in front of the collar bone, and viscera removed.</ENT>
                            <ENT>07</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Headed and gutted, Eastern cut. Head removed just behind the collar bone, and viscera removed.</ENT>
                            <ENT>08</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Headed and gutted, tail removed. Head removed usually in front of collar bone, and viscera and tail removed.</ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Heads. Heads only, regardless where severed from body (ancillary only).</ENT>
                            <ENT>16</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Kirimi (Steak) Head removed either in front or behind the collar bone, viscera removed, and tail removed by cuts perpendicular to the spine, resulting in a steak.</ENT>
                            <ENT>11</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Mantles, octopus or squid. Flesh after removal of viscera and arms.</ENT>
                            <ENT>36</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Milt. (in sacs, or testes) (ancillary only).</ENT>
                            <ENT>34</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Minced. Ground flesh.</ENT>
                            <ENT>31</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Other retained product. If product is not listed on this table, enter code 97 and write a description and product recovery rate next to it in parentheses.</ENT>
                            <ENT>97</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Pectoral girdle. Collar bone and associated bones, cartilage and flesh.</ENT>
                            <ENT>15</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Roe. Eggs, either loose or in sacs, or skeins (ancillary only).</ENT>
                            <ENT>14</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Salted and split. Head removed, belly slit, viscera removed, fillets cut from head to tail but remaining attached near tail. Product salted.</ENT>
                            <ENT>12</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Stomachs. Includes all internal organs (ancillary only).</ENT>
                            <ENT>35</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Surimi. Paste from fish flesh and additives.</ENT>
                            <ENT>30</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Whole fish or shellfish/food fish.</ENT>
                            <ENT>
                                01
                                <SU>1</SU>
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Wings. On skates, side fins are cut off next to body.</ENT>
                            <ENT>13</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">SHELLFISH ONLY</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s,s">
                            <ENT I="22">Soft shell crab</ENT>
                            <ENT>75</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Bitter crab</ENT>
                            <ENT>76</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Sections</ENT>
                            <ENT>80</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">Meat</ENT>
                            <ENT>81</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                            When using whole fish codes, record round weights not product weights, even if the whole fish is not used.
                        </TNOTE>
                    </GPOTABLE>
                    <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="s125L,xl20C">
                        <TTITLE>Table 1b to Part 679—Discard and Disposition Codes</TTITLE>
                        <BOXHD>
                            <CHED H="1">Description</CHED>
                            <CHED H="1">Code</CHED>
                        </BOXHD>
                        <ROW RUL="s,s">
                            <ENT I="22">Confiscation.</ENT>
                            <ENT>63</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Deadloss (crab only).</ENT>
                            <ENT>79</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Halibut retained for future sale (Halibut only).</ENT>
                            <ENT>87</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Overage (Specify overage type in comment).</ENT>
                            <ENT>62</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Tagged Fish (Exempt from IFQ).</ENT>
                            <ENT>64</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Whole fish/bait, not sold. Used as bait on board vessel.</ENT>
                            <ENT>
                                92
                                <SU>1</SU>
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Whole fish/bait, sold.</ENT>
                            <ENT>61</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Whole fish/discard at sea. Whole groundfish and prohibited species discarded by catcher vessels, catcher/processors, motherships, or tenders. DO NOT RECORD ON PTR.</ENT>
                            <ENT>98</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Whole fish/discard, damaged. Whole fish damaged by observer's sampling procedures.</ENT>
                            <ENT>
                                93
                                <SU>1</SU>
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Whole fish/discard, decomposed. Decomposed or previously discarded fish.</ENT>
                            <ENT>89</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Whole fish/discard, infested. Flea-infested fish, parasite-infested fish.</ENT>
                            <ENT>88</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Whole fish/discard, onshore. Discard after delivery and before processing by shoreside processors, stationary floating processors, and buying stations and in-plant discard of whole groundfish and prohibited species during processing. DO NOT RECORD ON PTR.</ENT>
                            <ENT>99</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Whole fish/donated prohibited species. Number of Pacific salmon or Pacific halibut, otherwise required to be discarded that is donated to charity under a NMFS-authorized program.</ENT>
                            <ENT>86</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Whole fish/fish meal. Whole fish destined for meal (includes offsite production.) DO NOT RECORD ON PTR.</ENT>
                            <ENT>
                                41
                                <SU>1</SU>
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <PRTPAGE P="35812"/>
                            <ENT I="22">Whole fish/personal use, consumption. Fish or fish products eaten on board or taken off the vessel for personal use. Not sold or utilized as bait.</ENT>
                            <ENT>
                                95
                                <SU>1</SU>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">Whole fish/sold, for human consumption.</ENT>
                            <ENT>60</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                            When using whole fish codes, record round weights not product weights, even if the whole fish is not used.
                        </TNOTE>
                    </GPOTABLE>
                    <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="s125L,xl20C">
                        <TTITLE>Table 1c to Part 679—Product Type Codes</TTITLE>
                        <BOXHD>
                            <CHED H="1">Description</CHED>
                            <CHED H="1">Code</CHED>
                        </BOXHD>
                        <ROW RUL="s,s">
                            <ENT I="22">Ancillary product. A product, such as meal, heads, internal organs, pectoral girdles, or any other product that may be made from the same fish as the primary product.</ENT>
                            <ENT>A</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Primary product. A product, such as fillets, made from each fish, with the highest recovery rate.</ENT>
                            <ENT>P</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">Reprocessed or rehandled product. A product, such as meal, that results from processing a previously reported product or from rehandling a previously reported product.</ENT>
                            <ENT>R</ENT>
                        </ROW>
                    </GPOTABLE>
                    <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="s125L,xl20C">
                        <TTITLE>Table 2a to Part 679—Species Codes: FMP Groundfish</TTITLE>
                        <BOXHD>
                            <CHED H="1">Species Description</CHED>
                            <CHED H="1">Code</CHED>
                        </BOXHD>
                        <ROW RUL="s,s">
                            <ENT I="22">Atka mackerel (greenling)</ENT>
                            <ENT>193</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Flatfish, miscellaneous (flatfish species without separate codes)</ENT>
                            <ENT>120</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">FLOUNDER</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s,s">
                            <ENT I="22">  Alaska plaice</ENT>
                            <ENT>133</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Arrowtooth and/or Kamchatka</ENT>
                            <ENT>121</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Starry</ENT>
                            <ENT>129</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Octopus, North Pacific</ENT>
                            <ENT>870</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Pacific cod</ENT>
                            <ENT>110</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Pollock</ENT>
                            <ENT>270</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">ROCKFISH</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s,s">
                            <ENT I="22">
                                  Aurora (
                                <E T="03">S. aurora</E>
                                )
                            </ENT>
                            <ENT>185</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Black (BSAI) (
                                <E T="03">S. melanops</E>
                                )
                            </ENT>
                            <ENT>142</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Blackgill (
                                <E T="03">S. melanostomus</E>
                                )
                            </ENT>
                            <ENT>177</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Blue (BSAI) (
                                <E T="03">S. mystinus</E>
                                )
                            </ENT>
                            <ENT>167</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Bocaccio (
                                <E T="03">S. paucispinis</E>
                                )
                            </ENT>
                            <ENT>137</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Canary (
                                <E T="03">S. pinniger</E>
                                )
                            </ENT>
                            <ENT>146</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Chilipepper (
                                <E T="03">S. goodei</E>
                                )
                            </ENT>
                            <ENT>178</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  China (
                                <E T="03">S. nebulosus</E>
                                )
                            </ENT>
                            <ENT>149</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Copper (
                                <E T="03">S. caurinus</E>
                                )
                            </ENT>
                            <ENT>138</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Darkblotched (
                                <E T="03">S. crameri</E>
                                )
                            </ENT>
                            <ENT>159</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Dusky (
                                <E T="03">S. ciliatus</E>
                                )
                            </ENT>
                            <ENT>154</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Greenstriped (
                                <E T="03">S. elongatus</E>
                                )
                            </ENT>
                            <ENT>135</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Harlequin (
                                <E T="03">S. variegatus</E>
                                )
                            </ENT>
                            <ENT>176</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Northern (
                                <E T="03">S. polyspinis</E>
                                )
                            </ENT>
                            <ENT>136</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Pacific ocean perch (
                                <E T="03">S. alutus</E>
                                )
                            </ENT>
                            <ENT>141</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Pygmy (
                                <E T="03">S. wilsoni</E>
                                )
                            </ENT>
                            <ENT>179</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Quillback (
                                <E T="03">S. maliger</E>
                                )
                            </ENT>
                            <ENT>147</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Redbanded (
                                <E T="03">S. babcocki</E>
                                )
                            </ENT>
                            <ENT>153</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Redstripe (
                                <E T="03">S. proriger</E>
                                )
                            </ENT>
                            <ENT>158</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Rosethorn (
                                <E T="03">S. helvomaculatus</E>
                                )
                            </ENT>
                            <ENT>150</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Rougheye (
                                <E T="03">S. aleutianus</E>
                                )
                            </ENT>
                            <ENT>151</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Sharpchin (
                                <E T="03">S. zacentrus</E>
                                )
                            </ENT>
                            <ENT>166</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Shortbelly (
                                <E T="03">S. jordani</E>
                                )
                            </ENT>
                            <ENT>181</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Shortraker (
                                <E T="03">S. borealis</E>
                                )
                            </ENT>
                            <ENT>152</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Silvergray (
                                <E T="03">S. brevispinis</E>
                                )
                            </ENT>
                            <ENT>157</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Splitnose (
                                <E T="03">S. diploproa</E>
                                )
                            </ENT>
                            <ENT>182</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Stripetail (
                                <E T="03">S. saxicola</E>
                                )
                            </ENT>
                            <ENT>183</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Thornyhead (all 
                                <E T="03">Sebastolobus</E>
                                 species)
                            </ENT>
                            <ENT>143</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Tiger (
                                <E T="03">S. nigrocinctus</E>
                                )
                            </ENT>
                            <ENT>148</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Vermilion (
                                <E T="03">S. miniatus</E>
                                )
                            </ENT>
                            <ENT>184</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Widow (
                                <E T="03">S. entomelas</E>
                                )
                            </ENT>
                            <ENT>156</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Yelloweye (
                                <E T="03">S. ruberrimus</E>
                                )
                            </ENT>
                            <ENT>145</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Yellowmouth (
                                <E T="03">S. reedi</E>
                                )
                            </ENT>
                            <ENT>175</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                  Yellowtail (
                                <E T="03">S. flavidus</E>
                                )
                            </ENT>
                            <ENT>155</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Sablefish (blackcod)</ENT>
                            <ENT>710</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Sculpins</ENT>
                            <ENT>160</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">SHARKS</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s,s">
                            <ENT I="22">  Other (if salmon, spiny dogfish or Pacific sleeper shark — use specific species code)</ENT>
                            <ENT>689</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Pacific sleeper</ENT>
                            <ENT>692</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Salmon</ENT>
                            <ENT>690</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Spiny dogfish</ENT>
                            <ENT>691</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">SKATES</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s,s">
                            <ENT I="22">  Big</ENT>
                            <ENT>702</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Longnose</ENT>
                            <ENT>701</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Other (If longnose or big skate — use specific species code)</ENT>
                            <ENT>700</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">SOLE</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s,s">
                            <ENT I="22">  Butter</ENT>
                            <ENT>126</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Dover</ENT>
                            <ENT>124</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  English</ENT>
                            <ENT>128</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Flathead</ENT>
                            <ENT>122</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Petrale</ENT>
                            <ENT>131</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Rex</ENT>
                            <ENT>125</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Rock</ENT>
                            <ENT>123</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Sand</ENT>
                            <ENT>132</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Yellowfin</ENT>
                            <ENT>127</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Squid, majestic</ENT>
                            <ENT>875</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">Turbot, Greenland</ENT>
                            <ENT>134</ENT>
                        </ROW>
                    </GPOTABLE>
                    <GPOTABLE COLS="5" OPTS="L4,i1" CDEF="s40L,xl40L,xl15C,xl15C,xl15C">
                        <TTITLE>Table 2b to Part 679—Species Codes: FMP Prohibited Species and CR Crab</TTITLE>
                        <BOXHD>
                            <CHED H="1"> </CHED>
                            <CHED H="1"> </CHED>
                            <CHED H="1"> </CHED>
                            <CHED H="1"> </CHED>
                            <CHED H="1"> </CHED>
                        </BOXHD>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">
                                <E T="02">Species Description</E>
                            </ENT>
                            <ENT>
                                <E T="02">Code</E>
                            </ENT>
                            <ENT>
                                <E T="02">CR Crab</E>
                            </ENT>
                            <ENT>
                                <E T="02">Groundfish PSC</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="04" RUL="s">
                            <ENT I="22">CRAB</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s">
                            <PRTPAGE P="35813"/>
                            <ENT I="22">  Box</ENT>
                            <ENT>
                                <E T="03">Lopholithodes mandtii</E>
                            </ENT>
                            <ENT>900</ENT>
                            <ENT>✓</ENT>
                            <ENT> </ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">  Dungeness</ENT>
                            <ENT>
                                <E T="03">Cancer magister</E>
                            </ENT>
                            <ENT>910</ENT>
                            <ENT>✓</ENT>
                            <ENT> </ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">  King, blue</ENT>
                            <ENT>
                                <E T="03">Paralithodes platypus</E>
                            </ENT>
                            <ENT>922</ENT>
                            <ENT>✓</ENT>
                            <ENT>✓</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">  King, golden (brown)</ENT>
                            <ENT>
                                <E T="03">Lithodes aequispinus</E>
                            </ENT>
                            <ENT>923</ENT>
                            <ENT>✓</ENT>
                            <ENT>✓</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">  King, red</ENT>
                            <ENT>
                                <E T="03">Paralithodes amtshaticus</E>
                            </ENT>
                            <ENT>921</ENT>
                            <ENT>✓</ENT>
                            <ENT>✓</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">  King, scarlet (deepsea)</ENT>
                            <ENT>
                                <E T="03">Lithodes couesi</E>
                            </ENT>
                            <ENT>924</ENT>
                            <ENT>✓</ENT>
                            <ENT>✓</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">  Korean horsehair crab</ENT>
                            <ENT>
                                <E T="03">Erimacrus isenbeckii</E>
                            </ENT>
                            <ENT>940</ENT>
                            <ENT>✓</ENT>
                            <ENT> </ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">  Multispinus crab</ENT>
                            <ENT>
                                <E T="03">Paralomis multispinus</E>
                            </ENT>
                            <ENT>951</ENT>
                            <ENT>✓</ENT>
                            <ENT> </ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">  Tanner, Bairdi</ENT>
                            <ENT>
                                <E T="03">Chionoecetes bairdi</E>
                            </ENT>
                            <ENT>931</ENT>
                            <ENT>✓</ENT>
                            <ENT>✓</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">  Tanner, grooved</ENT>
                            <ENT>
                                <E T="03">Chionoecetes tanneri</E>
                            </ENT>
                            <ENT>933</ENT>
                            <ENT>✓</ENT>
                            <ENT>✓</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">  Tanner, snow</ENT>
                            <ENT>
                                <E T="03">Chionoecetes opilio</E>
                            </ENT>
                            <ENT>932</ENT>
                            <ENT>✓</ENT>
                            <ENT>✓</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">  Tanner, triangle</ENT>
                            <ENT>
                                <E T="03">Chionoecetes angulatus</E>
                            </ENT>
                            <ENT>934</ENT>
                            <ENT>✓</ENT>
                            <ENT>✓</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">  Verrilli crab</ENT>
                            <ENT>
                                <E T="03">Paralomis verrilli</E>
                            </ENT>
                            <ENT>953</ENT>
                            <ENT>✓</ENT>
                            <ENT> </ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">PACIFIC HALIBUT</ENT>
                            <ENT>
                                <E T="03">Hippoglossus stenolepis</E>
                            </ENT>
                            <ENT>200</ENT>
                            <ENT> </ENT>
                            <ENT>✓</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">PACIFIC HERRING</ENT>
                            <ENT>
                                family 
                                <E T="03">Clupeidae</E>
                            </ENT>
                            <ENT>235</ENT>
                            <ENT> </ENT>
                            <ENT>✓</ENT>
                        </ROW>
                        <ROW EXPSTB="04" RUL="s">
                            <ENT I="22">SALMON</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s">
                            <ENT I="22">  Chinook (king)</ENT>
                            <ENT>
                                <E T="03">Oncorhynchus tshawytscha</E>
                            </ENT>
                            <ENT>410</ENT>
                            <ENT> </ENT>
                            <ENT>✓</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">  Chum (dog)</ENT>
                            <ENT>
                                <E T="03">Oncorhynchus keta</E>
                            </ENT>
                            <ENT>450</ENT>
                            <ENT> </ENT>
                            <ENT>✓</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">  Coho (silver)</ENT>
                            <ENT>
                                <E T="03">Oncorhynchus kisutch</E>
                            </ENT>
                            <ENT>430</ENT>
                            <ENT> </ENT>
                            <ENT>✓</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">  Pink (humpback)</ENT>
                            <ENT>Oncorhynchus gorbuscha</ENT>
                            <ENT>440</ENT>
                            <ENT> </ENT>
                            <ENT>✓</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">  Sockeye (red)</ENT>
                            <ENT>
                                <E T="03">Oncorhynchus nerka</E>
                            </ENT>
                            <ENT>420</ENT>
                            <ENT> </ENT>
                            <ENT>✓</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">STEELHEAD TROUT</ENT>
                            <ENT>
                                <E T="03">Oncorhynchus mykiss</E>
                            </ENT>
                            <ENT>540</ENT>
                            <ENT> </ENT>
                            <ENT>✓</ENT>
                        </ROW>
                    </GPOTABLE>
                    <P>18. Table 2d to part 679 is revised to read as follows:</P>
                    <GPOTABLE COLS="2" OPTS="L4,i1" CDEF="s125L,xl20C">
                        <TTITLE>Table 2d to Part 679—Species Codes: Non-FMP Species</TTITLE>
                        <BOXHD>
                            <CHED H="1">Species Description</CHED>
                            <CHED H="1">Code</CHED>
                        </BOXHD>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">GENERAL USE</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s,s">
                            <ENT I="22">Arctic char (anadromous)</ENT>
                            <ENT>521</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                Bering flounder (
                                <E T="03">Hippoglossoides robustus</E>
                                )
                            </ENT>
                            <ENT>116</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Dolly varden (anadromous)</ENT>
                            <ENT>531</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Eels or eel-like fish</ENT>
                            <ENT>210</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Eel, wolf</ENT>
                            <ENT>217</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">GREENLING</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s,s">
                            <ENT I="22">  Kelp</ENT>
                            <ENT>194</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Rock</ENT>
                            <ENT>191</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Whitespot</ENT>
                            <ENT>192</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Grenadier, giant</ENT>
                            <ENT>214</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Grenadier (rattail)</ENT>
                            <ENT>213</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Jellyfish (unspecified)</ENT>
                            <ENT>625</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Lamprey, Pacific</ENT>
                            <ENT>600</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Lingcod</ENT>
                            <ENT>130</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Lumpsucker</ENT>
                            <ENT>216</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Pacific flatnose</ENT>
                            <ENT>260</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Pacific hagfish</ENT>
                            <ENT>212</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Pacific hake</ENT>
                            <ENT>112</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Pacific lamprey</ENT>
                            <ENT>600</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Pacific saury</ENT>
                            <ENT>220</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Pacific tomcod</ENT>
                            <ENT>250</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                Poacher (family 
                                <E T="03">Agonidae</E>
                                )
                            </ENT>
                            <ENT>219</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Prowfish</ENT>
                            <ENT>215</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Ratfish</ENT>
                            <ENT>714</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Rockfish, black (GOA)</ENT>
                            <ENT>142</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Rockfish, blue (GOA)</ENT>
                            <ENT>167</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Sardine, Pacific (pilchard)</ENT>
                            <ENT>170</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Sea cucumber, red</ENT>
                            <ENT>895</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <PRTPAGE P="35814"/>
                            <ENT I="22">Shad</ENT>
                            <ENT>180</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Skilfish</ENT>
                            <ENT>715</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">
                                Snailfish, general (genus 
                                <E T="03">liparis careproctus</E>
                                )
                            </ENT>
                            <ENT>218</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Sturgeon, general</ENT>
                            <ENT>680</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Wrymouths</ENT>
                            <ENT>211</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">SHELLFISH</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s,s">
                            <ENT I="22">Abalone, northern (pinto)</ENT>
                            <ENT>860</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">CLAMS</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s,s">
                            <ENT I="22">  Arctic surf</ENT>
                            <ENT>812</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Cockle</ENT>
                            <ENT>820</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Eastern softshell</ENT>
                            <ENT>842</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Pacific geoduck</ENT>
                            <ENT>815</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Pacific littleneck</ENT>
                            <ENT>840</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Pacific razor</ENT>
                            <ENT>830</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Washington butter</ENT>
                            <ENT>810</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Coral</ENT>
                            <ENT>899</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Mussel, blue</ENT>
                            <ENT>855</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Oyster, Pacific</ENT>
                            <ENT>880</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Scallop, weathervane</ENT>
                            <ENT>850</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Scallop, pink (or calico)</ENT>
                            <ENT>851</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">SHRIMP</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s,s">
                            <ENT I="22">  Coonstripe</ENT>
                            <ENT>964</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Humpy</ENT>
                            <ENT>963</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Northern (pink)</ENT>
                            <ENT>961</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Sidestripe</ENT>
                            <ENT>962</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">  Spot</ENT>
                            <ENT>965</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Snails</ENT>
                            <ENT>890</ENT>
                        </ROW>
                        <ROW RUL="s,s">
                            <ENT I="22">Urchin, green sea</ENT>
                            <ENT>893</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">Urchin, red sea</ENT>
                            <ENT>892</ENT>
                        </ROW>
                    </GPOTABLE>
                    <P>19. Table 4 to part 679 is revised to read as follows:</P>
                    <HD SOURCE="HD1">Table 4 to Part 679—Steller Sea Lion Protection Areas Pollock Fisheries Restrictions</HD>
                    <GPOTABLE COLS="7" OPTS="L4,i1" CDEF="s50L,xl20L,xl20L,xl20L,xl20L,xl20L,xl20C">
                        <TTITLE>Table 4 to Part 679—Steller Sea Lion Protection Areas Pollock Fisheries Restrictions</TTITLE>
                        <BOXHD>
                            <CHED H="1">Column Number 1</CHED>
                            <CHED H="2">Site Name</CHED>
                            <CHED H="1">2</CHED>
                            <CHED H="2"> </CHED>
                            <CHED H="1">3</CHED>
                            <CHED H="2">Boundaries from</CHED>
                            <CHED H="3">Latitude</CHED>
                            <CHED H="1">4</CHED>
                            <CHED H="2">Boundaries from</CHED>
                            <CHED H="3">Longitude</CHED>
                            <CHED H="1">5</CHED>
                            <CHED H="2">
                                Boundaries to
                                <SU>1</SU>
                            </CHED>
                            <CHED H="3">Latitude</CHED>
                            <CHED H="1">6</CHED>
                            <CHED H="2">
                                Boundaries to
                                <SU>1</SU>
                            </CHED>
                            <CHED H="3">Longitude</CHED>
                            <CHED H="1">7</CHED>
                            <CHED H="2">
                                Pollock No-fishing Zones for Trawl Gear
                                <SU>2,8</SU>
                                 (nm)
                            </CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">St. Lawrence I./S Punuk I.</ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>63°04.00 N</ENT>
                            <ENT>168°51.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">St. Lawrence I./SW Cape</ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>63°18.00 N</ENT>
                            <ENT>171°26.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Hall I.</ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>60°37.00 N</ENT>
                            <ENT>173°00.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">St. Paul I./Sea Lion Rock</ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>57°06.00 N</ENT>
                            <ENT>170°17.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">St. Paul I./NE Pt.</ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>57°15.00 N</ENT>
                            <ENT>170°06.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Walrus I. (Pribilofs)</ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>57°11.00 N</ENT>
                            <ENT>169°56.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">St. George I./Dalnoi Pt.</ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>56°36.00 N</ENT>
                            <ENT>169°46.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">St. George I./S Rookery</ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>56°33.50 N</ENT>
                            <ENT>169°40.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Cape Newenham</ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>58°39.00 N</ENT>
                            <ENT>162°10.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Round (Walrus Islands)</ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>58°36.00 N</ENT>
                            <ENT>159°58.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Attu I./Cape Wrangell</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°54.60 N</ENT>
                            <ENT>172°27.90 E</ENT>
                            <ENT>52°55.40 N</ENT>
                            <ENT>172°27.20 E</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Agattu I./Gillon Pt.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°24.13 N</ENT>
                            <ENT>173°21.31 E</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Attu I./Chirikof Pt.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°49.75 N</ENT>
                            <ENT>173°26.00 E</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Agattu I./Cape Sabak</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°22.50 N</ENT>
                            <ENT>173°43.30 E</ENT>
                            <ENT>52°21.80 N</ENT>
                            <ENT>173°41.40 E</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Alaid I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°46.50 N</ENT>
                            <ENT>173°51.50 E</ENT>
                            <ENT>52°45.00 N</ENT>
                            <ENT>173°56.50 E</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Shemya I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°44.00 N</ENT>
                            <ENT>174°08.70 E</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Buldir I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°20.25 N</ENT>
                            <ENT>175°54.03 E</ENT>
                            <ENT>52°20.38 N</ENT>
                            <ENT>175°53.85 E</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Kiska I./Cape St. Stephen</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°52.50 N</ENT>
                            <ENT>177°12.70 E</ENT>
                            <ENT>51°53.50 N</ENT>
                            <ENT>177°12.00 E</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Kiska I./Sobaka &amp; Vega</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°49.50 N</ENT>
                            <ENT>177°19.00 E</ENT>
                            <ENT>51°48.50 N</ENT>
                            <ENT>177°20.50 E</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <PRTPAGE P="35815"/>
                            <ENT I="22">Kiska I./Lief Cove</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°57.16 N</ENT>
                            <ENT>177°20.41 E</ENT>
                            <ENT>51°57.24 N</ENT>
                            <ENT>177°20.53 E</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Kiska I./Sirius Pt.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°08.50 N</ENT>
                            <ENT>177°36.50 E</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Tanadak I. (Kiska)</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°56.80 N</ENT>
                            <ENT>177°46.80 E</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Segula I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°59.90 N</ENT>
                            <ENT>178°05.80 E</ENT>
                            <ENT>52°03.06 N</ENT>
                            <ENT>178°08.80 E</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Ayugadak Point</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°45.36 N</ENT>
                            <ENT>178°24.30 E</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Rat I./Krysi Pt.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°49.98 N</ENT>
                            <ENT>178°12.35 E</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Little Sitkin I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°59.30 N</ENT>
                            <ENT>178°29.80 E</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Amchitka I./Column Rocks</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°32.32 N</ENT>
                            <ENT>178°49.28 E</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Amchitka I./East Cape</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°22.26 N</ENT>
                            <ENT>179°27.93 E</ENT>
                            <ENT>51°22.00 N</ENT>
                            <ENT>179°27.00 E</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Amchitka I./Cape Ivakin</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°24.46 N</ENT>
                            <ENT>179°24.21 E</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Semisopochnoi/Petrel Pt.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°01.40 N</ENT>
                            <ENT>179°36.90 E</ENT>
                            <ENT>52°01.50 N</ENT>
                            <ENT>179°39.00 E</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Semisopochnoi I./Pochnoi Pt.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°57.30 N</ENT>
                            <ENT>179°46.00 E</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Amatignak I. Nitrof Pt.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°13.00 N</ENT>
                            <ENT>179°07.80 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Unalga &amp; Dinkum Rocks</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°33.67 N</ENT>
                            <ENT>179°04.25 W</ENT>
                            <ENT>51°35.09 N</ENT>
                            <ENT>179°03.66 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Ulak I./Hasgox Pt.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°18.90 N</ENT>
                            <ENT>178°58.90 W</ENT>
                            <ENT>51°18.70 N</ENT>
                            <ENT>178°59.60 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Kavalga I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°34.50 N</ENT>
                            <ENT>178°51.73 W</ENT>
                            <ENT>51°34.50 N</ENT>
                            <ENT>178°49.50 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Tag I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°33.50 N</ENT>
                            <ENT>178°34.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Ugidak I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°34.95 N</ENT>
                            <ENT>178°30.45 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Gramp Rock</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°28.87 N</ENT>
                            <ENT>178°20.58 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Tanaga I./Bumpy Pt.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°55.00 N</ENT>
                            <ENT>177°58.50 W</ENT>
                            <ENT>51°55.00 N</ENT>
                            <ENT>177°57.10 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Bobrof I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°54.00 N</ENT>
                            <ENT>177°27.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Kanaga I./Ship Rock</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°46.70 N</ENT>
                            <ENT>177°20.72 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Kanaga I./North Cape</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°56.50 N</ENT>
                            <ENT>177°09.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Adak I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°35.50 N</ENT>
                            <ENT>176°57.10 W</ENT>
                            <ENT>51°37.40 N</ENT>
                            <ENT>176°59.60 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Little Tanaga Strait</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°49.09 N</ENT>
                            <ENT>176°13.90 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Great Sitkin I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°06.00 N</ENT>
                            <ENT>176°10.50 W</ENT>
                            <ENT>52°06.60 N</ENT>
                            <ENT>176°07.00 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Anagaksik I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°50.86 N</ENT>
                            <ENT>175°53.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Kasatochi I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°11.11 N</ENT>
                            <ENT>175°31.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Atka I./North Cape</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°24.20 N</ENT>
                            <ENT>174°17.80 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Amlia I./Sviech. Harbor
                                <SU>11</SU>
                            </ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°01.80 N</ENT>
                            <ENT>173°23.90 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Sagigik I.
                                <SU>11</SU>
                            </ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°00.50 N</ENT>
                            <ENT>173°09.30 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Amlia I./East
                                <SU>11</SU>
                            </ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°05.70 N</ENT>
                            <ENT>172°59.00 W</ENT>
                            <ENT>52°05.75 N</ENT>
                            <ENT>172°57.50 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Tanadak I. (Amlia
                                <SU>11</SU>
                                )
                            </ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°04.20 N</ENT>
                            <ENT>172°57.60 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Agligadak I.
                                <SU>11</SU>
                            </ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°06.09 N</ENT>
                            <ENT>172°54.23 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Seguam I./Saddleridge Pt.
                                <SU>11</SU>
                            </ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°21.05 N</ENT>
                            <ENT>172°34.40 W</ENT>
                            <ENT>52°21.02 N</ENT>
                            <ENT>172°33.60 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <PRTPAGE P="35816"/>
                            <ENT I="22">Seguam I./Finch Pt.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°23.40 N</ENT>
                            <ENT>172°27.70 W</ENT>
                            <ENT>52°23.25 N</ENT>
                            <ENT>172°24.30 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Seguam I./South Side</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°21.60 N</ENT>
                            <ENT>172°19.30 W</ENT>
                            <ENT>52°15.55 N</ENT>
                            <ENT>172°31.22 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Amukta I. &amp; Rocks</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°27.25 N</ENT>
                            <ENT>171°17.90 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Chagulak I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°34.00 N</ENT>
                            <ENT>171°10.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Yunaska I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°41.40 N</ENT>
                            <ENT>170°36.35 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Uliaga
                                <SU>3</SU>
                            </ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>53°04.00 N</ENT>
                            <ENT>169°47.00 W</ENT>
                            <ENT>53°05.00 N</ENT>
                            <ENT>169°46.00 W</ENT>
                            <ENT>20,10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Chuginadak</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>52°46.70 N</ENT>
                            <ENT>169°41.90 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Kagamil
                                <SU>3</SU>
                            </ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>53°02.10 N</ENT>
                            <ENT>169°41.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20,10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Samalga</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>52°46.00 N</ENT>
                            <ENT>169°15.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Adugak I.
                                <SU>3</SU>
                            </ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>52°54.70 N</ENT>
                            <ENT>169°10.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Umnak I./Cape Aslik
                                <SU>3</SU>
                            </ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>53°25.00 N</ENT>
                            <ENT>168°24.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>BA</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Ogchul I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>52°59.71 N</ENT>
                            <ENT>168°24.24 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Bogoslof I./Fire I.
                                <SU>3</SU>
                            </ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>53°55.69 N</ENT>
                            <ENT>168°02.05 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>BA</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Polivnoi Rock</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>53°15.96 N</ENT>
                            <ENT>167°57.99 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Emerald I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>53°17.50 N</ENT>
                            <ENT>167°51.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Unalaska/Cape Izigan</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>53°13.64 N</ENT>
                            <ENT>167°39.37 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Unalaska/Bishop Pt.
                                <SU>9</SU>
                            </ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>53°58.40 N</ENT>
                            <ENT>166°57.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Akutan I./Reef-lava
                                <SU>9</SU>
                            </ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>54°08.10 N</ENT>
                            <ENT>166°06.19 W</ENT>
                            <ENT>54°09.10 N</ENT>
                            <ENT>166°05.50 W</ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Unalaska I./Cape Sedanka
                                <SU>6</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>53°50.50 N</ENT>
                            <ENT>166°05.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Old Man Rocks
                                <SU>6</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>53°52.20 N</ENT>
                            <ENT>166°04.90 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Akutan I./Cape Morgan
                                <SU>6</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°03.39 N</ENT>
                            <ENT>165°59.65 W</ENT>
                            <ENT>54°03.70 N</ENT>
                            <ENT>166°03.68 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Akun I./Billings Head
                                <SU>9</SU>
                            </ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>54°17.62 N</ENT>
                            <ENT>165°32.06 W</ENT>
                            <ENT>54°17.57 N</ENT>
                            <ENT>165°31.71 W</ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Rootok
                                <SU>6</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°03.90 N</ENT>
                            <ENT>165°31.90 W</ENT>
                            <ENT>54°02.90 N</ENT>
                            <ENT>165°29.50 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Tanginak I.
                                <SU>6</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°12.00 N</ENT>
                            <ENT>165°19.40 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Tigalda/Rocks NE
                                <SU>6</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°09.60 N</ENT>
                            <ENT>164°59.00 W</ENT>
                            <ENT>54°09.12 N</ENT>
                            <ENT>164°57.18 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Unimak/Cape Sarichef
                                <SU>9</SU>
                            </ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>54°34.30 N</ENT>
                            <ENT>164°56.80 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Aiktak
                                <SU>6</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°10.99 N</ENT>
                            <ENT>164°51.15 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Ugamak I.
                                <SU>6</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°13.50 N</ENT>
                            <ENT>164°47.50 W</ENT>
                            <ENT>54°12.80 N</ENT>
                            <ENT>164°47.50 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Round (GOA)
                                <SU>6</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°12.05 N</ENT>
                            <ENT>164°46.60 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Sea Lion Rock (Amak)
                                <SU>9</SU>
                            </ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>55°27.82 N</ENT>
                            <ENT>163°12.10 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Amak I. And rocks
                                <SU>9</SU>
                            </ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>55°24.20 N</ENT>
                            <ENT>163°09.60 W</ENT>
                            <ENT>55°26.15 N</ENT>
                            <ENT>163°08.50 W</ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Bird I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°40.00 N</ENT>
                            <ENT>163°17.2 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Caton I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°22.70 N</ENT>
                            <ENT>162°21.30 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">South Rocks</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°18.14 N</ENT>
                            <ENT>162°41.3 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Clubbing Rocks (S)</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°41.98 N</ENT>
                            <ENT>162°26.7 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <PRTPAGE P="35817"/>
                            <ENT I="22">Clubbing Rocks (N)</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°42.75 N</ENT>
                            <ENT>162°26.7 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Pinnacle Rock</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°46.06 N</ENT>
                            <ENT>161°45.85 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Sushilnoi Rocks</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°49.30 N</ENT>
                            <ENT>161°42.73 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Olga Rocks</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>55°00.45 N</ENT>
                            <ENT>161°29.81 W</ENT>
                            <ENT>54°59.09 N</ENT>
                            <ENT>161°30.89 W</ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Jude I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>55°15.75 N</ENT>
                            <ENT>161°06.27 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Sea Lion Rocks (Shumagins)</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>55°04.70 N</ENT>
                            <ENT>160°31.04 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Nagai I./Mountain Pt.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°54.20 N</ENT>
                            <ENT>160°15.40 W</ENT>
                            <ENT>54°56.00 N</ENT>
                            <ENT>160°15.00 W</ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">The Whaleback</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>55°16.82 N</ENT>
                            <ENT>160°05.04 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Chernabura I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°45.18 N</ENT>
                            <ENT>159°32.99 W</ENT>
                            <ENT>54°45.87 N</ENT>
                            <ENT>159°35.74 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Castle Rock</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>55°16.47 N</ENT>
                            <ENT>159°29.77 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Atkins I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>55°03.20 N</ENT>
                            <ENT>159°17.40 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Spitz I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>55°46.60 N</ENT>
                            <ENT>158°53.90 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Mitrofania</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>55°50.20 N</ENT>
                            <ENT>158°41.90 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Kak</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>56°17.30 N</ENT>
                            <ENT>157°50.10 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Lighthouse Rocks</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>55°46.79 N</ENT>
                            <ENT>157°24.89 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Sutwik I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>56°31.05 N</ENT>
                            <ENT>157°20.47 W</ENT>
                            <ENT>56°32.00 N</ENT>
                            <ENT>157°21.00 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Chowiet I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>56°00.54 N</ENT>
                            <ENT>156°41.42 W</ENT>
                            <ENT>56°00.30 N</ENT>
                            <ENT>156°41.60 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Nagai Rocks</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>55°49.80 N</ENT>
                            <ENT>155°47.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Chirikof I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>55°46.50 N</ENT>
                            <ENT>155°39.50 W</ENT>
                            <ENT>55°46.44 N</ENT>
                            <ENT>155°43.46 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Puale Bay
                                <SU>12</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>57°40.60 N</ENT>
                            <ENT>155°23.10 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>3,10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Kodiak/Cape Ikolik</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>57°17.20 N</ENT>
                            <ENT>154°47.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Takli I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>58°01.75 N</ENT>
                            <ENT>154°31.25 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Cape Kuliak</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>58°08.00 N</ENT>
                            <ENT>154°12.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Cape Gull</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>58°11.50 N</ENT>
                            <ENT>154°09.60 W</ENT>
                            <ENT>58°12.50 N</ENT>
                            <ENT>154°10.50 W</ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Kodiak/Cape Ugat</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>57°52.41 N</ENT>
                            <ENT>153°50.97 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Sitkinak/Cape Sitkinak</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>56°34.30 N</ENT>
                            <ENT>153°50.96 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Shakun Rock</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>58°32.80 N</ENT>
                            <ENT>153°41.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Twoheaded I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>56°54.50 N</ENT>
                            <ENT>153°32.75 W</ENT>
                            <ENT>56°53.90 N</ENT>
                            <ENT>153°33.74 W</ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Cape Douglas (Shaw I.)
                                <SU>12</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>59°00.00 N</ENT>
                            <ENT>153°22.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20,10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Kodiak/Cape Barnabas</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>57°10.20 N</ENT>
                            <ENT>152°53.05 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Kodiak/Gull Point
                                <SU>4</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>57°21.45 N</ENT>
                            <ENT>152°36.30 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10,3</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Latax Rocks</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>58°40.10 N</ENT>
                            <ENT>152°31.30 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Ushagat I./SW</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>58°54.75 N</ENT>
                            <ENT>152°22.20 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Ugak I.
                                <SU>4</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>57°23.60 N</ENT>
                            <ENT>152°17.50 W</ENT>
                            <ENT>57°21.90 N</ENT>
                            <ENT>152°17.40 W</ENT>
                            <ENT>10,3</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Sea Otter I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>58°31.15 N</ENT>
                            <ENT>152°13.30 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <PRTPAGE P="35818"/>
                            <ENT I="22">Long I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>57°46.82 N</ENT>
                            <ENT>152°12.90 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Sud I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>58°54.00 N</ENT>
                            <ENT>152°12.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Kodiak/Cape Chiniak</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>57°37.90 N</ENT>
                            <ENT>152°08.25 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Sugarloaf I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>58°53.25 N</ENT>
                            <ENT>152°02.40 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Sea Lion Rocks (Marmot)</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>58°20.53 N</ENT>
                            <ENT>151°48.83 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Marmot I.
                                <SU>5</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>58°13.65 N</ENT>
                            <ENT>151°47.75 W</ENT>
                            <ENT>58°09.90 N</ENT>
                            <ENT>151°52.06 W</ENT>
                            <ENT>15,20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Nagahut Rocks</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>59°06.00 N</ENT>
                            <ENT>151°46.30 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Perl</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>59°05.75 N</ENT>
                            <ENT>151°39.75 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Gore Point</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>59°12.00 N</ENT>
                            <ENT>150°58.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Outer (Pye) I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>59°20.50 N</ENT>
                            <ENT>150°23.00 W</ENT>
                            <ENT>59°21.00 N</ENT>
                            <ENT>150°24.50 W</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Steep Point</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>59°29.05 N</ENT>
                            <ENT>150°15.40 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Seal Rocks (Kenai)</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>59°31.20 N</ENT>
                            <ENT>149°37.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Chiswell Islands</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>59°36.00 N</ENT>
                            <ENT>149°34.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Rugged Island</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>59°50.00 N</ENT>
                            <ENT>149°23.10 W</ENT>
                            <ENT>59°51.00 N</ENT>
                            <ENT>149°24.70 W</ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Point Elrington
                                <SU>7, 10</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>59°56.00 N</ENT>
                            <ENT>148°15.20 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Perry I.
                                <SU>7</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>60°44.00 N</ENT>
                            <ENT>147°54.60 W</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                The Needle
                                <SU>7</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>60°06.64 N</ENT>
                            <ENT>147°36.17 W</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Point Eleanor
                                <SU>7</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>60°35.00 N</ENT>
                            <ENT>147°34.00 W</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Wooded I. (Fish I.)</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>59°52.90 N</ENT>
                            <ENT>147°20.65 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Glacier Island
                                <SU>7</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>60°51.30 N</ENT>
                            <ENT>147°14.50 W</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Seal Rocks (Cordova)
                                <SU>10</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>60°09.78 N</ENT>
                            <ENT>146°50.30 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Cape Hinchinbrook
                                <SU>10</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>60°14.00 N</ENT>
                            <ENT>146°38.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Middleton I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>59°28.30 N</ENT>
                            <ENT>146°18.80 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">
                                Hook Point
                                <SU>10</SU>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>60°20.00 N</ENT>
                            <ENT>146°15.60 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">Cape St. Elias</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>59°47.50 N</ENT>
                            <ENT>144°36.20 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                            Where two sets of coordinates are given, the baseline extends in a clock-wise direction from the first set of geographic coordinates along the shoreline at mean lower-low water to the second set of coordinates. Where only one set of coordinates is listed, that location is the base point.
                        </TNOTE>
                        <TNOTE>
                            <SU>2</SU>
                            Closures as stated in § 679.22(a)(7)(iv), (a)(8)(ii) and (b)(2)(ii).
                        </TNOTE>
                        <TNOTE>
                            <SU>3</SU>
                            This site lies within the Bogoslof area (BA). The BA consists of all waters of area 518 as described in Figure 1 of this part south of a straight line connecting 55°00′ N / 170°00′ W, and 55°00′ N / 168°11′4.75″ W. Closure to directed fishing for pollock around Uliaga and Kagamil is 20 nm for waters west of 170° W long. and 10 nm for waters east of 170° W long.
                        </TNOTE>
                        <TNOTE>
                            <SU>4</SU>
                            The trawl closure between 0 nm to 10 nm is effective from January 20 through May 31. Trawl closure between 0 nm to 3 nm is effective from August 25 through November 1.
                        </TNOTE>
                        <TNOTE>
                            <SU>5</SU>
                            Trawl closure between 0 nm to 15 nm is effective from January 20 through May 31. Trawl closure between 0 nm to 20 nm is effective from August 25 to November 1.
                        </TNOTE>
                        <TNOTE>
                            <SU>6</SU>
                            Restriction area includes only waters of the Gulf of Alaska Area.
                        </TNOTE>
                        <TNOTE>
                            <SU>7</SU>
                            Contact the Alaska Department of Fish and Game for fishery restrictions at these sites.
                        </TNOTE>
                        <TNOTE>
                            <SU>8</SU>
                            No-fishing zones are the waters between 0 nm and the nm specified in column 7 of this table around each site and within the BA.
                        </TNOTE>
                        <TNOTE>
                            <SU>9</SU>
                            This site is located in the Bering Sea Pollock Restriction Area, closed to pollock trawling during the A season. This area consists of all waters of the Bering Sea subarea south of a line connecting the points
                        </TNOTE>
                        <TNOTE> 163°00′00″ W long. / 55°46′30″ N lat.,</TNOTE>
                        <TNOTE> 165°08′00″ W long. / 54°42′9″ N lat.,</TNOTE>
                        <TNOTE> 165°40′00″ W long. / 54°26′30″ N lat.,</TNOTE>
                        <TNOTE> 166°12′00″ W long. / 54°18′40″ N lat., and</TNOTE>
                        <TNOTE> 167°00′00″ W long. / 54°8′50″ N lat.</TNOTE>
                        <TNOTE>
                            <SU>10</SU>
                            The 20 nm closure around this site is effective in federal waters outside of State of Alaska waters of Prince William Sound.
                        </TNOTE>
                        <PRTPAGE P="35819"/>
                        <TNOTE>
                            <SU>11</SU>
                            Some or all of the restricted area is located in the Seguam Foraging area (SFA) which is closed to all gears types. The SFA is established as all waters within the area between 52° N lat. and 53° N lat. and between 173°30′ W long. and 172°30′ W long.
                        </TNOTE>
                        <TNOTE>
                            <SU>12</SU>
                            The 3 nm trawl closure around Puale Bay and the 20 nm trawl closure around Cape Douglas/Shaw I. are effective January 20 through May 31. The 10 nm trawl closure around Puale Bay and the 10 nm trawl closure around Cape Douglas/Shaw I. are effective August 25 through November 1.
                        </TNOTE>
                    </GPOTABLE>
                    <P>20. Tables 9, 10, 11, and 12 to part 679 are revised to read as follows:</P>
                    <GPOTABLE COLS="6" OPTS="L4,i1" CDEF="s75L,xl25C,xl25C,xl25C,xl25C,xl25C">
                        <TTITLE>Table 9 to Part 679—Required Documentation and Monitoring Systems from Participants in the Federal Groundfish Fisheries</TTITLE>
                        <BOXHD>
                            <CHED H="1">Requirement Name</CHED>
                            <CHED H="1">
                                Catcher
                                <LI>
                                    Vessel
                                    <SU>1</SU>
                                </LI>
                            </CHED>
                            <CHED H="1">
                                Catcher/
                                <LI>
                                    Processor
                                    <SU>1</SU>
                                </LI>
                            </CHED>
                            <CHED H="1">Mothership</CHED>
                            <CHED H="1">Shoreside Processor &amp; SFP</CHED>
                            <CHED H="1">Buying Station</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s,s,s,s">
                            <ENT I="22">Buying Station Report (BSR)</ENT>
                            <ENT>NO</ENT>
                            <ENT>NO</ENT>
                            <ENT>NO</ENT>
                            <ENT>NO</ENT>
                            <ENT>YES</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s">
                            <ENT I="22">
                                Catch monitoring and weighing documentation
                                <SU>2</SU>
                            </ENT>
                            <ENT>NO</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>NO</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s">
                            <ENT I="22">Check-in/Check-out Report</ENT>
                            <ENT>NO</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>NO</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s">
                            <ENT I="22">Optional: Electronic Check-in/out report</ENT>
                            <ENT>NO</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>NO</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s">
                            <ENT I="22">Daily Fishing Logbook (DFL)</ENT>
                            <ENT>YES</ENT>
                            <ENT>NO</ENT>
                            <ENT>NO</ENT>
                            <ENT>NO</ENT>
                            <ENT>NO</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s">
                            <ENT I="22">Daily Cumulative Production Logbook (DCPL)</ENT>
                            <ENT>NO</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>NO</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s">
                            <ENT I="22">
                                eLandings instead of DCPL and WPR
                                <SU>3</SU>
                            </ENT>
                            <ENT>NO</ENT>
                            <ENT>NO</ENT>
                            <ENT>NO</ENT>
                            <ENT>YES</ENT>
                            <ENT>NO</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s">
                            <ENT I="22">Optional: eLandings instead of DCPL and WPR</ENT>
                            <ENT>NO</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>NO</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s">
                            <ENT I="22">Optional: Electronic logbook instead of DFL or DCPL</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>NO</ENT>
                            <ENT>NO</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s">
                            <ENT I="22">Product Transfer Report (PTR)</ENT>
                            <ENT>NO</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>NO</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s">
                            <ENT I="22">Vessel Activity Report (VAR)</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>NO</ENT>
                            <ENT>NO</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s">
                            <ENT I="22">
                                Vessel Monitoring System (VMS)
                                <SU>4</SU>
                            </ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>NO</ENT>
                            <ENT>NO</ENT>
                            <ENT>NO</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s">
                            <ENT I="22">Video Monitoring System (Rockfish Program only)</ENT>
                            <ENT>NO</ENT>
                            <ENT>YES</ENT>
                            <ENT>NO</ENT>
                            <ENT>NO</ENT>
                            <ENT>NO</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s">
                            <ENT I="22">Weekly Production Report (WPR)</ENT>
                            <ENT>NO</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>NO</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">Optional: Electronic WPR</ENT>
                            <ENT>NO</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>YES</ENT>
                            <ENT>NO</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                            Two formats each of the catcher vessel DFL and catcher/processor DCPL exist: one for trawl gear at § 679.5(c)(2) and one for longline and pot gear at § 679.5(c)(3).
                        </TNOTE>
                        <TNOTE>
                            <SU>2</SU>
                            At-sea scales required for AFA, CDQ, and Rockfish Program including daily scale test, printed scale output, request for inspection of scales and observer station, scale approval sticker at § 679.28.
                        </TNOTE>
                        <TNOTE>
                            <SU>3</SU>
                            Required for AFA and Rockfish Program, see § 679.5(e).
                        </TNOTE>
                        <TNOTE>
                            <SU>4</SU>
                            Use of VMS is required for:
                        </TNOTE>
                        <TNOTE>All federally permitted vessels operating in the Aleutian Islands subarea, see § 679.7(a)(21) and § 679.28(f)(6)(i).</TNOTE>
                        <TNOTE>All federally permitted vessels operating in the GOA with bottom contact gear on board, see §§679.7(a)(22) and 679.28(f)(6)(iii).</TNOTE>
                        <TNOTE>Any vessel in any reporting area (see definitions at § 679.2) off Alaska while any fishery requiring VMS, for which the vessel has a species and gear endorsement on its Federal fisheries permit under § 679.4(b)(5)(vi), is open [Atka mackerel, pollock, Pacific cod], see §679.4(b)(5)(vi) and §679.28(f)(6)(i).</TNOTE>
                    </GPOTABLE>
                    <PRTPAGE P="35820"/>
                    <GPOTABLE COLS="17" OPTS="L4,i1" CDEF="5L,xl9L,6C,6C,6C,6C,6C,6C,6C,6C,6C,6C,6C,6C,6C,8C,8C">
                        <TTITLE>Table 10 to Part 679—Gulf of Alaska Retainable Percentages</TTITLE>
                        <ROW EXPSTB="16" RUL="s">
                            <ENT I="22"> </ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">BASIS SPECIES</ENT>
                            <ENT A="14">
                                INCIDENTAL CATCH SPECIES (for DSR caught on catcher vessels in the SEO, see § 679.20(j)
                                <SU>6</SU>
                                )
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="b">
                            <ENT I="11">Code</ENT>
                            <ENT>Species</ENT>
                            <ENT>Pollock</ENT>
                            <ENT>
                                <E T="04">Pacific cod</E>
                            </ENT>
                            <ENT>
                                DW flat
                                <SU>(2)</SU>
                            </ENT>
                            <ENT>Rex sole</ENT>
                            <ENT>
                                Flat-
                                <LI>head</LI>
                                <LI>sole</LI>
                            </ENT>
                            <ENT>
                                SW Flat
                                <SU>(3)</SU>
                            </ENT>
                            <ENT>
                                Arrow-
                                <LI>tooth</LI>
                            </ENT>
                            <ENT>
                                Sable-
                                <LI>fish</LI>
                            </ENT>
                            <ENT>
                                Aggre-
                                <LI>gated</LI>
                                <LI>rock-</LI>
                                <LI>
                                    fish
                                    <SU>(8)</SU>
                                </LI>
                            </ENT>
                            <ENT>
                                SR/RE ERA
                                <SU>(1)</SU>
                            </ENT>
                            <ENT>
                                DSR SEO (C/Ps only)
                                <SU>(6)</SU>
                            </ENT>
                            <ENT>
                                Atka
                                <LI>mack-</LI>
                                <LI>erel</LI>
                            </ENT>
                            <ENT>
                                Aggre-
                                <LI>gated</LI>
                                <LI>forage</LI>
                                <LI>
                                    fish
                                    <SU>(10)</SU>
                                </LI>
                            </ENT>
                            <ENT>
                                Skates
                                <SU>(11)</SU>
                            </ENT>
                            <ENT>
                                Other species
                                <SU>(7)</SU>
                            </ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">110</ENT>
                            <ENT>Pacific cod</ENT>
                            <ENT>20</ENT>
                            <ENT>
                                na
                                <SU>(9)</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>1</ENT>
                            <ENT>5</ENT>
                            <ENT>
                                <SU>(1)</SU>
                            </ENT>
                            <ENT>10</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">121</ENT>
                            <ENT>Arrowtooth</ENT>
                            <ENT>5</ENT>
                            <ENT>5</ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>
                                na
                                <SU>(9)</SU>
                            </ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>2</ENT>
                            <ENT>0</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">122</ENT>
                            <ENT>Flathead sole</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>
                                na
                                <SU>(9)</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>7</ENT>
                            <ENT>15</ENT>
                            <ENT>7</ENT>
                            <ENT>1</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">125</ENT>
                            <ENT>Rex sole</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>
                                na
                                <SU>(9)</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>7</ENT>
                            <ENT>15</ENT>
                            <ENT>7</ENT>
                            <ENT>1</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">136</ENT>
                            <ENT>Northern rockfish</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>7</ENT>
                            <ENT>15</ENT>
                            <ENT>7</ENT>
                            <ENT>1</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">141</ENT>
                            <ENT>Pacific ocean perch</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>7</ENT>
                            <ENT>15</ENT>
                            <ENT>7</ENT>
                            <ENT>1</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">143</ENT>
                            <ENT>Thornyhead</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>7</ENT>
                            <ENT>15</ENT>
                            <ENT>7</ENT>
                            <ENT>1</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">152/ 151</ENT>
                            <ENT>
                                Shortraker/ rougheye
                                <SU>(1)</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>7</ENT>
                            <ENT>15</ENT>
                            <ENT>
                                na
                                <SU>(9)</SU>
                            </ENT>
                            <ENT>1</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">193</ENT>
                            <ENT>Atka mackerel</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>1</ENT>
                            <ENT>5</ENT>
                            <ENT>
                                <SU>(1)</SU>
                            </ENT>
                            <ENT>10</ENT>
                            <ENT>
                                na
                                <SU>(9)</SU>
                            </ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">270</ENT>
                            <ENT>Pollock</ENT>
                            <ENT>
                                na
                                <SU>(9)</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>1</ENT>
                            <ENT>5</ENT>
                            <ENT>
                                <SU>(1)</SU>
                            </ENT>
                            <ENT>10</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">710</ENT>
                            <ENT>Sablefish</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>
                                na
                                <SU>(9)</SU>
                            </ENT>
                            <ENT>15</ENT>
                            <ENT>7</ENT>
                            <ENT>1</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">
                                Flatfish, deep water
                                <SU>(2)</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>
                                na
                                <SU>(9)</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>7</ENT>
                            <ENT>15</ENT>
                            <ENT>7</ENT>
                            <ENT>1</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">
                                Flatfish, shallow water
                                <SU>(3)</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>
                                na
                                <SU>(9)</SU>
                            </ENT>
                            <ENT>35</ENT>
                            <ENT>1</ENT>
                            <ENT>5</ENT>
                            <ENT>
                                <SU>(1)</SU>
                            </ENT>
                            <ENT>10</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">
                                Rockfish, other
                                <SU>(4)</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>7</ENT>
                            <ENT>15</ENT>
                            <ENT>7</ENT>
                            <ENT>1</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">
                                Rockfish, pelagic
                                <SU>(5)</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>7</ENT>
                            <ENT>15</ENT>
                            <ENT>7</ENT>
                            <ENT>1</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">
                                Rockfish, DSR-SEO
                                <SU>(6)</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>7</ENT>
                            <ENT>15</ENT>
                            <ENT>7</ENT>
                            <ENT>
                                na
                                <SU>(9)</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">
                                Skates
                                <SU>(11)</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>1</ENT>
                            <ENT>5</ENT>
                            <ENT>
                                <SU>(1)</SU>
                            </ENT>
                            <ENT>10</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>
                                na
                                <SU>(9)</SU>
                            </ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">
                                Other species
                                <SU>(7)</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>1</ENT>
                            <ENT>5</ENT>
                            <ENT>
                                <SU>(1)</SU>
                            </ENT>
                            <ENT>10</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>
                                na
                                <SU>(9)</SU>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">
                                Aggregated amount of non-groundfish species
                                <SU>(12)</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>1</ENT>
                            <ENT>5</ENT>
                            <ENT>
                                <SU>(1)</SU>
                            </ENT>
                            <ENT>10</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW EXPSTB="16" RUL="s">
                            <ENT I="25">Footnotes</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="n,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="11">1</ENT>
                            <ENT A="L15">Shortraker/rougheye rockfish</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT> </ENT>
                            <ENT A="L01">SR/RE</ENT>
                            <ENT A="L12">Shortraker/rougheye rockfish (171)</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT> </ENT>
                            <ENT A="01"> </ENT>
                            <ENT A="L12">Shortraker rockfish (152)</ENT>
                        </ROW>
                        <ROW RUL="n,n,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s">
                            <PRTPAGE P="35821"/>
                            <ENT I="22"> </ENT>
                            <ENT> </ENT>
                            <ENT A="01"> </ENT>
                            <ENT A="L12">Rougheye rockfish (151)</ENT>
                        </ROW>
                        <ROW RUL="n,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT> </ENT>
                            <ENT A="L01">SR/RE ERA</ENT>
                            <ENT A="L12">Shortraker/rougheye rockfish in the Eastern Regulatory Area.</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="L15">Where numerical percentage is not indicated, the retainable percentage of SR/RE is included under Aggregated Rockfish</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22">2</ENT>
                            <ENT A="L03">Deep-water flatfish</ENT>
                            <ENT A="L11">Dover sole, Greenland turbot, and deep-sea sole</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22">3</ENT>
                            <ENT A="L03">Shallow water flatfish</ENT>
                            <ENT A="L11">Flatfish not including deep water flatfish, flathead sole, rex sole, or arrowtooth flounder</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,n,n,n,n,n,n,n,n">
                            <ENT I="22">4</ENT>
                            <ENT A="L03">Other rockfish</ENT>
                            <ENT A="L03">Western Regulatory Area</ENT>
                            <ENT A="L07">means slope rockfish and demersal shelf rockfish</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,n,n,n,n,n,n,n,n">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L03">Central Regulatory Area</ENT>
                            <ENT A="L07"> </ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="L03"> </ENT>
                            <ENT A="L03">West Yakutat District</ENT>
                            <ENT A="L07"> </ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L03">Southeast Outside District</ENT>
                            <ENT A="L07">means slope rockfish</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="11">Slope rockfish</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L03">
                                <E T="03">S. aurora</E>
                                 (aurora)
                            </ENT>
                            <ENT A="L03">
                                <E T="03">S. variegatus</E>
                                 (harlequin)
                            </ENT>
                            <ENT A="L03">
                                <E T="03">S. brevispinis</E>
                                 (silvergrey)
                            </ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="L03"> </ENT>
                            <ENT A="L03">
                                <E T="03">S. melanostomus</E>
                                 (blackgill)
                            </ENT>
                            <ENT A="L03">
                                <E T="03">S. wilsoni</E>
                                 (pygmy)
                            </ENT>
                            <ENT A="L03">
                                <E T="03">S. diploproa</E>
                                 (splitnose)
                            </ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L03">
                                <E T="03">S. paucispinis</E>
                                 (bocaccio)
                            </ENT>
                            <ENT A="L03">
                                <E T="03">S. babcocki</E>
                                 (redbanded)
                            </ENT>
                            <ENT A="L03">
                                <E T="03">S. saxicola</E>
                                 (stripetail)
                            </ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L03">
                                <E T="03">S. goodei</E>
                                 (chilipepper)
                            </ENT>
                            <ENT A="L03">
                                <E T="03">S. proriger</E>
                                 (redstripe)
                            </ENT>
                            <ENT A="L03">
                                <E T="03">S. miniatus</E>
                                 (vermilion)
                            </ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,n,n,n,n">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L03">
                                <E T="03">S. crameri</E>
                                 (darkblotch)
                            </ENT>
                            <ENT A="L03">
                                <E T="03">S. zacentrus</E>
                                 (sharpchin)
                            </ENT>
                            <ENT A="L03">
                                <E T="03">S. reedi</E>
                                 (yellowmouth)
                            </ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="L03"> </ENT>
                            <ENT A="L03">
                                <E T="03">S. elongatus</E>
                                 (greenstriped)
                            </ENT>
                            <ENT A="L03">
                                <E T="03">S. jordani</E>
                                 (shortbelly)
                            </ENT>
                            <ENT A="03"> </ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="11">
                                In the Eastern GOA only, Slope rockfish also includes 
                                <E T="03">S. polyspinous</E>
                                . (Northern)
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22">5</ENT>
                            <ENT A="L03">Pelagic shelf rockfish</ENT>
                            <ENT A="L03">
                                <E T="03">S. ciliatus</E>
                                 (dusky)
                            </ENT>
                            <ENT A="L03">
                                <E T="03">S. entomelas</E>
                                 (widow)
                            </ENT>
                            <ENT A="L03">
                                <E T="03">S. flavidus</E>
                                 (yellowtail)
                            </ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,n,n,n,n">
                            <ENT I="22">6</ENT>
                            <ENT A="L03">Demersal shelf rockfish (DSR)</ENT>
                            <ENT A="L03">
                                <E T="03">S. pinniger</E>
                                 (canary)
                            </ENT>
                            <ENT A="L03">
                                <E T="03">S. maliger</E>
                                 (quillback)
                            </ENT>
                            <ENT A="L03">
                                <E T="03">S. ruberrimus</E>
                                 (yelloweye)
                            </ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L03">S. nebulosus (china)</ENT>
                            <ENT A="L03">S. helvomaculatus (rosethorn</ENT>
                            <ENT A="L03"> </ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L03">
                                <E T="03">S. caurinus</E>
                                 (copper)
                            </ENT>
                            <ENT A="L03">
                                <E T="03">S. nigrocinctus</E>
                                 (tiger)
                            </ENT>
                            <ENT A="03"> </ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L11">
                                DSR-SEO = Demersal shelf rockfish in the Southeast Outside District
                                <LI>The operator of a catcher vessel that is required to have a Federal fisheries permit, or that harvests IFQ halibut with hook and line or jig gear, must retain and land all DSR that is caught while fishing for groundfish or IFQ halibut in the SEO.  Limits on sale and requirements for disposal of DSR are set out at § 679.20(j).</LI>
                            </ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22">7</ENT>
                            <ENT A="L03">Other species</ENT>
                            <ENT A="L02">sculpins</ENT>
                            <ENT A="L02">octopus</ENT>
                            <ENT A="L02">Sharks</ENT>
                            <ENT A="L02">Squid</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22">8</ENT>
                            <ENT A="L03">Aggregated rockfish</ENT>
                            <ENT A="L11">
                                Means rockfish of the genera 
                                <E T="03">Sebastes</E>
                                 and 
                                <E T="03">Sebastolobus</E>
                                 defined at § 679.2 except in:
                            </ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L03">Southeast Outside District (SEO)</ENT>
                            <ENT A="L07">where DSR is a separate category  for those species marked with a numerical percentage</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L03">Eastern Regulatory Area (ERA)</ENT>
                            <ENT A="L07">where SR/RE is a separate category for those species marked with a numerical percentage</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22">9</ENT>
                            <ENT A="L03">N/A</ENT>
                            <ENT A="L11">not applicable</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <PRTPAGE P="35822"/>
                            <ENT I="22">10</ENT>
                            <ENT A="L15">Aggregated forage fish (all species of the following families)</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L09">
                                Bristlemouths, lightfishes, and anglemouths (family 
                                <E T="03">Gonostomatidae</E>
                                )
                            </ENT>
                            <ENT A="L01">209</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L09">
                                Capelin smelt (family 
                                <E T="03">Osmeridae</E>
                                )
                            </ENT>
                            <ENT A="L01">516</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L09">
                                Deep-sea smelts (family 
                                <E T="03">Bathylagidae</E>
                                )
                            </ENT>
                            <ENT A="L01">773</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L09">
                                Eulachon smelt (family 
                                <E T="03">Osmeridae</E>
                                )
                            </ENT>
                            <ENT A="L01">511</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L09">
                                Gunnels (family 
                                <E T="03">Pholidae</E>
                                )
                            </ENT>
                            <ENT A="L01">207</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L09">
                                Krill (order 
                                <E T="03">Euphausiacea</E>
                                )
                            </ENT>
                            <ENT A="L01">800</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L09">
                                Laternfishes (family 
                                <E T="03">Myctophidae</E>
                                )
                            </ENT>
                            <ENT A="L01">772</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L09">
                                Pacific herring (family 
                                <E T="03">Clupeidae</E>
                                )
                            </ENT>
                            <ENT A="L01">235</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L09">
                                Pacific Sand fish (family 
                                <E T="03">Trichodontidae</E>
                                )
                            </ENT>
                            <ENT A="L01">206</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L09">
                                Pacific Sand lance (family 
                                <E T="03">Ammodytidae</E>
                                )
                            </ENT>
                            <ENT A="L01">774</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L09">
                                Pricklebacks, war-bonnets, eelblennys, cockscombs and Shannys (family 
                                <E T="03">Stichaeidae</E>
                                )
                            </ENT>
                            <ENT A="L01">208</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L09">
                                Surf smelt (family 
                                <E T="03">Osmeridae</E>
                                )
                            </ENT>
                            <ENT A="L01">515</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22">11</ENT>
                            <ENT A="L15">Skates Species and Groups</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="L03"> </ENT>
                            <ENT A="L09">Big Skates</ENT>
                            <ENT A="L01">702</ENT>
                        </ROW>
                        <ROW RUL="n,n,n,n,n,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L09">Longnose Skates</ENT>
                            <ENT A="L01">701</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT A="03"> </ENT>
                            <ENT A="L09">Other Skates</ENT>
                            <ENT A="L01">700</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">12</ENT>
                            <ENT A="L03">Aggregated non-groundfish</ENT>
                            <ENT A="L11">All legally retained species of fish and shellfish, including IFQ halibut, that are not listed as FMP groundfish in Tables 2a and 2c to this part.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <GPOTABLE COLS="18" OPTS="L4,i1" CDEF="3L,10L,3,3,3,3,3,3,3,3,3,3,3,3,3,3,3,3">
                        <TTITLE>Table 11 to Part 679—BSAI Retainable Percentages</TTITLE>
                        <BOXHD>
                            <CHED H="1">BASIS SPECIES</CHED>
                            <CHED H="2">Codes</CHED>
                            <CHED H="2">Species</CHED>
                            <CHED H="1">
                                INCIDENTAL CATCH SPECIES
                                <SU>5</SU>
                            </CHED>
                            <CHED H="2">Pollock</CHED>
                            <CHED H="2">Pacific cod</CHED>
                            <CHED H="2">Atka mackerel</CHED>
                            <CHED H="2">Alaska plaice</CHED>
                            <CHED H="2">Arrow- tooth</CHED>
                            <CHED H="2">Yellowfin sole</CHED>
                            <CHED H="2">
                                Other flatfish
                                <SU>2</SU>
                            </CHED>
                            <CHED H="2">Rock sole</CHED>
                            <CHED H="2">Flathead sole</CHED>
                            <CHED H="2">Green- land turbot</CHED>
                            <CHED H="2">
                                Sable- fish
                                <SU>1</SU>
                            </CHED>
                            <CHED H="2">Short- raker/ rough- eye</CHED>
                            <CHED H="2">
                                Aggregated rockfish
                                <SU>6</SU>
                            </CHED>
                            <CHED H="2">Squid</CHED>
                            <CHED H="2">
                                Aggregated forage fish
                                <SU>7</SU>
                            </CHED>
                            <CHED H="2">
                                Other species
                                <SU>4</SU>
                            </CHED>
                        </BOXHD>
                        <ROW RUL="s">
                            <ENT I="22">110</ENT>
                            <ENT>Pacific cod</ENT>
                            <ENT>20</ENT>
                            <ENT>
                                na
                                <SU>5</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>1</ENT>
                            <ENT>1</ENT>
                            <ENT>2</ENT>
                            <ENT>5</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">121</ENT>
                            <ENT>Arrow- tooth</ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>
                                na
                                <SU>5</SU>
                            </ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>0</ENT>
                            <ENT>2</ENT>
                            <ENT>0</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">122</ENT>
                            <ENT>Flathead sole</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>
                                na
                                <SU>5</SU>
                            </ENT>
                            <ENT>35</ENT>
                            <ENT>15</ENT>
                            <ENT>7</ENT>
                            <ENT>15</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <PRTPAGE P="35823"/>
                            <ENT I="22">123</ENT>
                            <ENT>Rock sole</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>
                                na
                                <SU>5</SU>
                            </ENT>
                            <ENT>35</ENT>
                            <ENT>1</ENT>
                            <ENT>1</ENT>
                            <ENT>2</ENT>
                            <ENT>15</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">127</ENT>
                            <ENT>Yellowfin sole</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>
                                na
                                <SU>5</SU>
                            </ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>1</ENT>
                            <ENT>1</ENT>
                            <ENT>2</ENT>
                            <ENT>5</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">133</ENT>
                            <ENT>Alaska Plaice</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>
                                na
                                <SU>5</SU>
                            </ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>1</ENT>
                            <ENT>1</ENT>
                            <ENT>2</ENT>
                            <ENT>5</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">134</ENT>
                            <ENT>Greenland turbot</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>
                                na
                                <SU>5</SU>
                            </ENT>
                            <ENT>15</ENT>
                            <ENT>7</ENT>
                            <ENT>15</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">136</ENT>
                            <ENT>Northern</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>15</ENT>
                            <ENT>7</ENT>
                            <ENT>15</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">141</ENT>
                            <ENT>Pacific Ocean perch</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>15</ENT>
                            <ENT>7</ENT>
                            <ENT>15</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">152/ 151</ENT>
                            <ENT>Short raker/ Rough eye</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>15</ENT>
                            <ENT>
                                na
                                <SU>5</SU>
                            </ENT>
                            <ENT>5</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">193</ENT>
                            <ENT>Atka  mackerel</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>
                                na
                                <SU>5</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>1</ENT>
                            <ENT>1</ENT>
                            <ENT>2</ENT>
                            <ENT>5</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">270</ENT>
                            <ENT>Pollock</ENT>
                            <ENT>
                                na
                                <SU>5</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>1</ENT>
                            <ENT>1</ENT>
                            <ENT>2</ENT>
                            <ENT>5</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">710</ENT>
                            <ENT>
                                Sablefish
                                <SU>1</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>
                                na
                                <SU>5</SU>
                            </ENT>
                            <ENT>7</ENT>
                            <ENT>15</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">875</ENT>
                            <ENT>Squid</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>1</ENT>
                            <ENT>1</ENT>
                            <ENT>2</ENT>
                            <ENT>5</ENT>
                            <ENT>
                                na
                                <SU>5</SU>
                            </ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">
                                Other flatfish
                                <SU>2</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>
                                na
                                <SU>5</SU>
                            </ENT>
                            <ENT>35</ENT>
                            <ENT>35</ENT>
                            <ENT>1</ENT>
                            <ENT>1</ENT>
                            <ENT>2</ENT>
                            <ENT>5</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">
                                Other rockfish
                                <SU>3</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>15</ENT>
                            <ENT>7</ENT>
                            <ENT>15</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <ROW EXPSTB="01" RUL="s">
                            <ENT I="22">
                                Other species
                                <SU>4</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>1</ENT>
                            <ENT>1</ENT>
                            <ENT>2</ENT>
                            <ENT>5</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>
                                na
                                <SU>5</SU>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="01">
                            <ENT I="22">
                                Aggregated amount non-groundfish species
                                <SU>8</SU>
                            </ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>35</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>20</ENT>
                            <ENT>1</ENT>
                            <ENT>1</ENT>
                            <ENT>2</ENT>
                            <ENT>5</ENT>
                            <ENT>20</ENT>
                            <ENT>2</ENT>
                            <ENT>20</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                            Sablefish: for fixed gear restrictions, see § 679.7(f)(3)(ii) and (f)(11).
                        </TNOTE>
                        <TNOTE>
                            <SU>2</SU>
                            Other flatfish includes all flatfish species, except for Pacific halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, Alaska plaice, and arrowtooth flounder.
                        </TNOTE>
                        <TNOTE>
                            <SU>3</SU>
                            Other rockfish includes all Sebastes and Sebastolobus species except for Pacific ocean perch; and northern, shortraker, and rougheye rockfish.  The CDQ reserves for shortraker, rougheye, and northern rockfish will continue to be managed as the “other red rockfish” complex for the BS.
                        </TNOTE>
                        <TNOTE>
                            <SU>4</SU>
                            Other species includes sculpins, sharks, skates and octopus. Forage fish, as defined at Table 2c to this part are not included in the “other species” category.
                        </TNOTE>
                        <TNOTE>
                            <SU>5</SU>
                            na = not applicable
                        </TNOTE>
                        <TNOTE>
                            <SU>6</SU>
                            Aggregated rockfish includes all of the genera Sebastes and Sebastolobus, except shortraker and rougheye rockfish.
                        </TNOTE>
                        <TNOTE>
                            <SU>7</SU>
                            Forage fish are defined at Table 2c to this part.
                        </TNOTE>
                        <TNOTE>
                            <SU>8</SU>
                            All legally retained species of fish and shellfish, including CDQ halibut and IFQ halibut that are not listed as FMP groundfish in Tables 2a and 2c to this part.
                        </TNOTE>
                    </GPOTABLE>
                    <PRTPAGE P="35824"/>
                    <GPOTABLE COLS="7" OPTS="L4,i1" CDEF="s50L,xl20L,xl20L,xl20L,xl20L,xl20L,xl20C">
                        <TTITLE>Table 12 to Part 679—Steller Sea Lion Protection Areas, 3nm No Groundfish Fishing Sites</TTITLE>
                        <BOXHD>
                            <CHED H="1">Column Number 1</CHED>
                            <CHED H="2">Site Name</CHED>
                            <CHED H="1">2</CHED>
                            <CHED H="2">Area or Subarea</CHED>
                            <CHED H="1">3</CHED>
                            <CHED H="2">Boundaries from</CHED>
                            <CHED H="3">Latitude</CHED>
                            <CHED H="1">4</CHED>
                            <CHED H="2">Boundaries from</CHED>
                            <CHED H="3">Longitude</CHED>
                            <CHED H="1">5</CHED>
                            <CHED H="2">
                                Boundaries to
                                <SU>1</SU>
                            </CHED>
                            <CHED H="3">Latitude</CHED>
                            <CHED H="1">6</CHED>
                            <CHED H="2">
                                Boundaries to
                                <SU>1</SU>
                            </CHED>
                            <CHED H="3">Longitude</CHED>
                            <CHED H="1">7</CHED>
                            <CHED H="2">
                                No transit
                                <SU>2</SU>
                                 3 nm
                            </CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Walrus I. (Pribilofs)</ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>57°11.00 N</ENT>
                            <ENT>169°56.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Attu I./Cape Wrangell</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°54.60 N</ENT>
                            <ENT>172°27.90 E</ENT>
                            <ENT>52°55.40 N</ENT>
                            <ENT>172°27.20 E</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Agattu I./Gillon Pt.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°24.13 N</ENT>
                            <ENT>173°21.31 E</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Agattu I./Cape Sabak</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°22.50 N</ENT>
                            <ENT>173°43.30 E</ENT>
                            <ENT>52°21.80 N</ENT>
                            <ENT>173°41.40 E</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Buldir I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°20.25 N</ENT>
                            <ENT>175°54.03 E</ENT>
                            <ENT>52°20.38 N</ENT>
                            <ENT>175°53.85 E</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Kiska I./Cape St. Stephen</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°52.50 N</ENT>
                            <ENT>177°12.70 E</ENT>
                            <ENT>51°53.50 N</ENT>
                            <ENT>177°12.00 E</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Kiska I./Lief Cove</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°57.16 N</ENT>
                            <ENT>177°20.41 E</ENT>
                            <ENT>51°57.24 N</ENT>
                            <ENT>177°20.53 E</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Ayugadak Point</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°45.36 N</ENT>
                            <ENT>178°24.30 E</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Amchitka I./Column Rocks</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°32.32 N</ENT>
                            <ENT>178°49.28 E</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Amchitka I./East Cape</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°22.26 N</ENT>
                            <ENT>179°27.93 E</ENT>
                            <ENT>51°22.00 N</ENT>
                            <ENT>179°27.00 E</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Semisopochnoi/Petrel Pt.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°01.40 N</ENT>
                            <ENT>179°36.90 E</ENT>
                            <ENT>52°01.50 N</ENT>
                            <ENT>179°39.00 E</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Semisopochnoi I./Pochnoi Pt.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°57.30 N</ENT>
                            <ENT>179°46.00 E</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Ulak I./Hasgox Pt.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°18.90 N</ENT>
                            <ENT>178°58.90 W</ENT>
                            <ENT>51°18.70 N</ENT>
                            <ENT>178°59.60 W</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Tag I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°33.50 N</ENT>
                            <ENT>178°34.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Gramp Rock</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°28.87 N</ENT>
                            <ENT>178°20.58 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Adak I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>51°35.50 N</ENT>
                            <ENT>176°57.10 W</ENT>
                            <ENT>51°37.40 N</ENT>
                            <ENT>176°59.60 W</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Kasatochi I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°11.11 N</ENT>
                            <ENT>175°31.00 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Agligadak I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°06.09 N</ENT>
                            <ENT>172°54.23 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Seguam I./Saddleridge Pt.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°21.05 N</ENT>
                            <ENT>172°34.40 W</ENT>
                            <ENT>52°21.02 N</ENT>
                            <ENT>172°33.60 W</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Yunaska I.</ENT>
                            <ENT>Aleutian I.</ENT>
                            <ENT>52°41.40 N</ENT>
                            <ENT>170°36.35 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Adugak I.</ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>52°54.70 N</ENT>
                            <ENT>169°10.50 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Ogchul I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>52°59.71 N</ENT>
                            <ENT>168°24.24 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Bogoslof I./Fire I.</ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>53°55.69 N</ENT>
                            <ENT>168°02.05 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Akutan I./Cape Morgan</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°03.39 N</ENT>
                            <ENT>165°59.65 W</ENT>
                            <ENT>54°03.70 N</ENT>
                            <ENT>166°03.68 W</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Akun I./Billings Head</ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>54°17.62 N</ENT>
                            <ENT>165°32.06 W</ENT>
                            <ENT>54°17.57 N</ENT>
                            <ENT>165°31.71 W</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Ugamak I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°13.50 N</ENT>
                            <ENT>164°47.50 W</ENT>
                            <ENT>54°12.80 N</ENT>
                            <ENT>164°47.50 W</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Sea Lion Rock (Amak)</ENT>
                            <ENT>Bering Sea</ENT>
                            <ENT>55°27.82 N</ENT>
                            <ENT>163°12.10 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Clubbing Rocks (S)</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°41.98 N</ENT>
                            <ENT>162°26.7 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Clubbing Rocks (N)</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°42.75 N</ENT>
                            <ENT>162°26.7 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Pinnacle Rock</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°46.06 N</ENT>
                            <ENT>161°45.85 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Chernabura I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>54°45.18 N</ENT>
                            <ENT>159°32.99 W</ENT>
                            <ENT>54°45.87 N</ENT>
                            <ENT>159°35.74 W</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Atkins I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>55°03.20 N</ENT>
                            <ENT>159°17.40 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Chowiet I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>56°00.54 N</ENT>
                            <ENT>156°41.42 W</ENT>
                            <ENT>56°00.30 N</ENT>
                            <ENT>156°41.60 W</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Chirikof I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>55°46.50 N</ENT>
                            <ENT>155°39.50 W</ENT>
                            <ENT>55°46.44 N</ENT>
                            <ENT>155°43.46 W</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Sugarloaf I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>58°53.25 N</ENT>
                            <ENT>152°02.40 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <PRTPAGE P="35825"/>
                            <ENT I="22">Marmot I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>58°13.65 N</ENT>
                            <ENT>151°47.75 W</ENT>
                            <ENT>58°09.90 N</ENT>
                            <ENT>151°52.06 W</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Outer (Pye) I.</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>59°20.50 N</ENT>
                            <ENT>150°23.00 W</ENT>
                            <ENT>59°21.00 N</ENT>
                            <ENT>150°24.50 W</ENT>
                            <ENT>Y</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s,s,s,s">
                            <ENT I="22">Wooded I. (Fish I.)</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>59°52.90 N</ENT>
                            <ENT>147°20.65 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">Seal Rocks (Cordova)</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>60°09.78 N</ENT>
                            <ENT>146°50.30 W</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                            Where two sets of coordinates are given, the baseline extends in a clock-wise direction from the first set of geographic coordinates along the shoreline at mean lower-low water to the second set of coordinates. Where only one set of coordinates is listed, that location is the base point.
                        </TNOTE>
                        <TNOTE>
                            <SU>2</SU>
                            See 50 CFR 223.202(a)(2)(i) for regulations regarding 3 nm no transit zones.
                        </TNOTE>
                        <TNOTE>Note: No groundfish fishing zones are the waters between 0 nm to 3 nm surrounding each site.</TNOTE>
                    </GPOTABLE>
                    <P>21. Tables 14a and 14b to part 679 are revised to read as follows:</P>
                    <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="s40,6,6">
                        <TTITLE>Table 14a to Part 679--Port of Landing Codes, Alaska</TTITLE>
                        <BOXHD>
                            <CHED H="1">Port Name</CHED>
                            <CHED H="1">NMFS Code</CHED>
                            <CHED H="1">ADF&amp;G Code</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Adak</ENT>
                            <ENT>186</ENT>
                            <ENT>ADA</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Akutan, Akutan Bay</ENT>
                            <ENT>101</ENT>
                            <ENT>AKU</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Alitak</ENT>
                            <ENT>103</ENT>
                            <ENT>ALI</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Anchorage</ENT>
                            <ENT>105</ENT>
                            <ENT>ANC</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Angoon</ENT>
                            <ENT>106</ENT>
                            <ENT>ANG</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Aniak</ENT>
                            <ENT>300</ENT>
                            <ENT>ANI</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Anvik</ENT>
                            <ENT>301</ENT>
                            <ENT>ANV</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Atka</ENT>
                            <ENT>107</ENT>
                            <ENT>ATK</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Auke Bay</ENT>
                            <ENT>136</ENT>
                            <ENT>JNU</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Beaver Inlet</ENT>
                            <ENT>119</ENT>
                            <ENT>DUT</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Bethel</ENT>
                            <ENT>302</ENT>
                            <ENT>BET</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Captains Bay</ENT>
                            <ENT>119</ENT>
                            <ENT>DUT</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Chefornak</ENT>
                            <ENT>189</ENT>
                            <ENT>CHF</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Chignik</ENT>
                            <ENT>113</ENT>
                            <ENT>CHG</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Cordova</ENT>
                            <ENT>115</ENT>
                            <ENT>COR</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Craig</ENT>
                            <ENT>116</ENT>
                            <ENT>CRG</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Dillingham</ENT>
                            <ENT>117</ENT>
                            <ENT>DIL</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Douglas</ENT>
                            <ENT>136</ENT>
                            <ENT>JNU</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Dutch Harbor/Unalaska</ENT>
                            <ENT>119</ENT>
                            <ENT>DUT</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Egegik</ENT>
                            <ENT>122</ENT>
                            <ENT>EGE</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Ekuk</ENT>
                            <ENT>303</ENT>
                            <ENT>EKU</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Elfin Cove</ENT>
                            <ENT>123</ENT>
                            <ENT>ELF</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Emmonak</ENT>
                            <ENT>304</ENT>
                            <ENT>EMM</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Excursion Inlet</ENT>
                            <ENT>124</ENT>
                            <ENT>XIP</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">False Pass</ENT>
                            <ENT>125</ENT>
                            <ENT>FSP</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Fairbanks</ENT>
                            <ENT>305</ENT>
                            <ENT>FBK</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Galena</ENT>
                            <ENT>306</ENT>
                            <ENT>GAL</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Glacier Bay</ENT>
                            <ENT>307</ENT>
                            <ENT>GLB</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Glennallen</ENT>
                            <ENT>308</ENT>
                            <ENT>GLN</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Gustavus</ENT>
                            <ENT>127</ENT>
                            <ENT>GUS</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Haines</ENT>
                            <ENT>128</ENT>
                            <ENT>HNS</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Homer</ENT>
                            <ENT>132</ENT>
                            <ENT>HOM</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Hoonah</ENT>
                            <ENT>133</ENT>
                            <ENT>HNH</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Hydaburg</ENT>
                            <ENT>309</ENT>
                            <ENT>HYD</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Hyder</ENT>
                            <ENT>134</ENT>
                            <ENT>HDR</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Juneau</ENT>
                            <ENT>136</ENT>
                            <ENT>JNU</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Kake</ENT>
                            <ENT>137</ENT>
                            <ENT>KAK</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Kaltag</ENT>
                            <ENT>310</ENT>
                            <ENT>KAL</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Kasilof</ENT>
                            <ENT>138</ENT>
                            <ENT>KAS</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Kenai</ENT>
                            <ENT>139</ENT>
                            <ENT>KEN</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Kenai River</ENT>
                            <ENT>139</ENT>
                            <ENT>KEN</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Ketchikan</ENT>
                            <ENT>141</ENT>
                            <ENT>KTN</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">King Cove</ENT>
                            <ENT>142</ENT>
                            <ENT>KCO</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">King Salmon</ENT>
                            <ENT>143</ENT>
                            <ENT>KNG</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Kipnuk</ENT>
                            <ENT>144</ENT>
                            <ENT>KIP</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Klawock</ENT>
                            <ENT>145</ENT>
                            <ENT>KLA</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Kodiak</ENT>
                            <ENT>146</ENT>
                            <ENT>KOD</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Kotzebue</ENT>
                            <ENT>311</ENT>
                            <ENT>KOT</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Larsen Bay</ENT>
                            <ENT>327</ENT>
                            <ENT>LRB</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Mekoryuk</ENT>
                            <ENT>147</ENT>
                            <ENT>MEK</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Metlakatla</ENT>
                            <ENT>148</ENT>
                            <ENT>MET</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Moser Bay</ENT>
                            <ENT>312</ENT>
                            <ENT>MOS</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Naknek</ENT>
                            <ENT>149</ENT>
                            <ENT>NAK</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Nenana</ENT>
                            <ENT>313</ENT>
                            <ENT>NEN</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Nikiski (or Nikishka)</ENT>
                            <ENT>150</ENT>
                            <ENT>NIK</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Ninilchik</ENT>
                            <ENT>151</ENT>
                            <ENT>NIN</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Nome</ENT>
                            <ENT>152</ENT>
                            <ENT>NOM</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Nunivak Island</ENT>
                            <ENT>314</ENT>
                            <ENT>NUN</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Old Harbor</ENT>
                            <ENT>153</ENT>
                            <ENT>OLD</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">
                                Other Alaska
                                <SU>1</SU>
                            </ENT>
                            <ENT>499</ENT>
                            <ENT>OAK</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Pelican</ENT>
                            <ENT>155</ENT>
                            <ENT>PEL</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Petersburg</ENT>
                            <ENT>156</ENT>
                            <ENT>PBG</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Port Alexander</ENT>
                            <ENT>158</ENT>
                            <ENT>PAL</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Port Armstrong</ENT>
                            <ENT>315</ENT>
                            <ENT>PTA</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Port Bailey</ENT>
                            <ENT>159</ENT>
                            <ENT>PTB</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Port Graham</ENT>
                            <ENT>160</ENT>
                            <ENT>GRM</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Port Lions</ENT>
                            <ENT>316</ENT>
                            <ENT>LIO</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Port Moller</ENT>
                            <ENT>317</ENT>
                            <ENT>MOL</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Port Protection</ENT>
                            <ENT>161</ENT>
                            <ENT>PRO</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Quinhagak</ENT>
                            <ENT>187</ENT>
                            <ENT>QUK</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Sand Point</ENT>
                            <ENT>164</ENT>
                            <ENT>SPT</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <PRTPAGE P="35826"/>
                            <ENT I="22">Savoonga</ENT>
                            <ENT>165</ENT>
                            <ENT>SAV</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Selawik</ENT>
                            <ENT>326</ENT>
                            <ENT>SWK</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Seldovia</ENT>
                            <ENT>166</ENT>
                            <ENT>SEL</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Seward</ENT>
                            <ENT>167</ENT>
                            <ENT>SEW</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Sitka</ENT>
                            <ENT>168</ENT>
                            <ENT>SIT</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Skagway</ENT>
                            <ENT>169</ENT>
                            <ENT>SKG</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Soldotna</ENT>
                            <ENT>318</ENT>
                            <ENT>SOL</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">St. George</ENT>
                            <ENT>170</ENT>
                            <ENT>STG</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">St. Mary</ENT>
                            <ENT>319</ENT>
                            <ENT>STM</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">St. Paul</ENT>
                            <ENT>172</ENT>
                            <ENT>STP</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Tee Harbor</ENT>
                            <ENT>136</ENT>
                            <ENT>JNU</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Tenakee Springs</ENT>
                            <ENT>174</ENT>
                            <ENT>TEN</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Togiak</ENT>
                            <ENT>176</ENT>
                            <ENT>TOG</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Toksook Bay</ENT>
                            <ENT>177</ENT>
                            <ENT>TOB</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Tununak</ENT>
                            <ENT>178</ENT>
                            <ENT>TUN</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Ugashik</ENT>
                            <ENT>320</ENT>
                            <ENT>UGA</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Unalakleet</ENT>
                            <ENT>321</ENT>
                            <ENT>UNA</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Valdez</ENT>
                            <ENT>181</ENT>
                            <ENT>VAL</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Wasilla</ENT>
                            <ENT>322</ENT>
                            <ENT>WAS</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Whittier</ENT>
                            <ENT>183</ENT>
                            <ENT>WHT</ENT>
                        </ROW>
                        <ROW RUL="s,s,s">
                            <ENT I="22">Wrangell</ENT>
                            <ENT>184</ENT>
                            <ENT>WRN</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">Yakutat</ENT>
                            <ENT>185</ENT>
                            <ENT>YAK</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                            To report a landing at a location not currently assigned a location code number: use the code for “Other Alaska”, code “499” or “OAK.”
                        </TNOTE>
                    </GPOTABLE>
                    <GPOTABLE COLS="4" OPTS="L4" CDEF="s17L,xl8L,1C,1C">
                        <TTITLE>Table 14b to Part 679—Port of Landing Codes: Non-Alaska (California, Canada, Oregon, and Washington)</TTITLE>
                        <BOXHD>
                            <CHED H="1">Port State or Country</CHED>
                            <CHED H="1">Port Name</CHED>
                            <CHED H="1">NMFS Code</CHED>
                            <CHED H="1">ADF&amp;G Code</CHED>
                        </BOXHD>
                        <ROW RUL="n,s,s,s">
                            <ENT I="22">CALIFORNIA</ENT>
                            <ENT>Eureka</ENT>
                            <ENT>500</ENT>
                            <ENT>EUR</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT>
                                Other California
                                <SU>1</SU>
                            </ENT>
                            <ENT>599</ENT>
                            <ENT>OCA</ENT>
                        </ROW>
                        <ROW RUL="n,s,s,s">
                            <ENT I="22">CANADA</ENT>
                            <ENT>
                                Other Canada
                                <SU>1</SU>
                            </ENT>
                            <ENT>899</ENT>
                            <ENT>OCN</ENT>
                        </ROW>
                        <ROW RUL="n,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT>Port Edward, B.C.</ENT>
                            <ENT>802</ENT>
                            <ENT>PRU</ENT>
                        </ROW>
                        <ROW RUL="n,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT>Prince Rupert, B.C.</ENT>
                            <ENT>802</ENT>
                            <ENT>PRU</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT>Vancouver, B.C.</ENT>
                            <ENT>803</ENT>
                            <ENT>VAN</ENT>
                        </ROW>
                        <ROW RUL="n,s,s,s">
                            <ENT I="22">OREGON</ENT>
                            <ENT>Astoria</ENT>
                            <ENT>600</ENT>
                            <ENT>AST</ENT>
                        </ROW>
                        <ROW RUL="n,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT>Newport</ENT>
                            <ENT>603</ENT>
                            <ENT>NPT</ENT>
                        </ROW>
                        <ROW RUL="n,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT>
                                Other Oregon
                                <SU>1</SU>
                            </ENT>
                            <ENT>699</ENT>
                            <ENT>OOR</ENT>
                        </ROW>
                        <ROW RUL="n,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT>Portland</ENT>
                            <ENT>323</ENT>
                            <ENT>POR</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT>Warrenton</ENT>
                            <ENT>604</ENT>
                            <ENT>WAR</ENT>
                        </ROW>
                        <ROW RUL="n,s,s,s">
                            <ENT I="22">WASHINGTON</ENT>
                            <ENT>Anacortes</ENT>
                            <ENT>700</ENT>
                            <ENT>ANA</ENT>
                        </ROW>
                        <ROW RUL="n,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT>Bellingham</ENT>
                            <ENT>702</ENT>
                            <ENT>BEL</ENT>
                        </ROW>
                        <ROW RUL="n,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT>Blaine</ENT>
                            <ENT>717</ENT>
                            <ENT>BLA</ENT>
                        </ROW>
                        <ROW RUL="n,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT>Everett</ENT>
                            <ENT>704</ENT>
                            <ENT>EVT</ENT>
                        </ROW>
                        <ROW RUL="n,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT>La Conner</ENT>
                            <ENT>708</ENT>
                            <ENT>LAC</ENT>
                        </ROW>
                        <ROW RUL="n,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT>Olympia</ENT>
                            <ENT>324</ENT>
                            <ENT>OLY</ENT>
                        </ROW>
                        <ROW RUL="n,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT>
                                Other Washington
                                <SU>1</SU>
                            </ENT>
                            <ENT>799</ENT>
                            <ENT>OWA</ENT>
                        </ROW>
                        <ROW RUL="n,s,s,s">
                            <ENT I="22"> </ENT>
                            <ENT>Seattle</ENT>
                            <ENT>715</ENT>
                            <ENT>SEA</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                            <ENT>Tacoma</ENT>
                            <ENT>325</ENT>
                            <ENT>TAC</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                            To report a landing at a location not currently assigned a location code number, use the code for “Other California”, “Other Oregon”, “Other Washington”, or “Other Canada” at which the landing occurs.
                        </TNOTE>
                    </GPOTABLE>
                    <P>22. Table 15 to part 679 is revised to read as follows:</P>
                    <GPOTABLE COLS="7" OPTS="L4,i1" CDEF="25L,xl1C,xl1C,xl1C,xl1C,xl1C,xl1C">
                        <TTITLE>Table 15 to Part 679—Gear Codes, Descriptions, and Use</TTITLE>
                        <TDESC>(X indicates where this code is used)</TDESC>
                        <BOXHD>
                            <CHED H="1">Name of gear</CHED>
                            <CHED H="1">Use alphabetic code to complete the following:</CHED>
                            <CHED H="2">Alpha gear code</CHED>
                            <CHED H="2">NMFS logbooks &amp; paper forms</CHED>
                            <CHED H="2">Electronic WPR &amp; check-in/ check-out</CHED>
                            <CHED H="1">Use numeric code to complete the following:</CHED>
                            <CHED H="2">Numeric gear code</CHED>
                            <CHED H="2">IERS eLandings</CHED>
                            <CHED H="2">ADF&amp;G COAR</CHED>
                        </BOXHD>
                        <ROW EXPSTB="06" RUL="s">
                            <ENT I="22">NMFS &amp; ADF&amp;G GEAR CODES</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s">
                            <ENT I="22">Hook-and-line</ENT>
                            <ENT>HAL</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                            <ENT>61</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Jig, mechanical</ENT>
                            <ENT>JIG</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                            <ENT>26</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Pot</ENT>
                            <ENT>POT</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                            <ENT>91</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Trawl, nonpelagic/bottom</ENT>
                            <ENT>NPT</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                            <ENT>07</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Trawl, pelagic/midwater</ENT>
                            <ENT>PTR</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                            <ENT>47</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Troll, dinglebar</ENT>
                            <ENT>TROLL</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                            <ENT>25</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Troll, hand</ENT>
                            <ENT>TROLL</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                            <ENT>05</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Troll, power gurdy</ENT>
                            <ENT>TROLL</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                            <ENT>15</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">All other gear types</ENT>
                            <ENT>OTH</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                            <ENT> </ENT>
                        </ROW>
                        <ROW EXPSTB="06" RUL="s">
                            <PRTPAGE P="35827"/>
                            <ENT I="22">ADF&amp;G GEAR CODES</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s">
                            <ENT I="22">Diving</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>11</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Dredge</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>22</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Dredge, hydro/mechanical</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>23</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Fish ladder/raceway</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>77</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Fish wheel</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>08</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Gillnet, drift</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>03</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Gillnet, herring</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>34</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Gillnet, set</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>04</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Gillnet, sunken</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>41</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Handpicked</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>12</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Net, dip</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>13</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Net, ring</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>10</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Other/specify</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>99</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Pound</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>21</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Seine, purse</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>01</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Seine, beach</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>02</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Shovel</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>18</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Trap</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>90</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Trawl, beam</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>17</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Trawl, double otter</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>27</ENT>
                            <ENT>X</ENT>
                            <ENT> </ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Trawl, pair</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>37</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Weir</ENT>
                            <ENT A="02"> </ENT>
                            <ENT>14</ENT>
                            <ENT>X</ENT>
                            <ENT>X</ENT>
                        </ROW>
                        <ROW EXPSTB="06" RUL="s">
                            <ENT I="22">FIXED GEAR</ENT>
                        </ROW>
                        <ROW EXPSTB="00" RUL="s">
                            <ENT I="22">Authorized gear for sablefish harvested from any GOA reporting area</ENT>
                            <ENT A="05">All longline gear (hook-and-line, jig, troll, and handline) and, for purposes of determining initial IFQ allocation, all pot gear used to make a legal landing.</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="22">Authorized gear for sablefish harvested from any BSAI reporting area</ENT>
                            <ENT A="05">All hook-and-line gear and all pot gear.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">Authorized gear for halibut harvested from any IFQ regulatory area</ENT>
                            <ENT A="05">All fishing gear comprised of lines with hooks attached, including one or more stationary, buoyed, and anchored lines with hooks attached.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <PART>
                        <HD SOURCE="HED">PART 680—SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA</HD>
                    </PART>
                    <P>23. The authority citation for part 680 continues to read as follows:</P>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>16 U.S.C. 1862.</P>
                    </AUTH>
                    <P>24. In § 680.2, a definition for “sideboards” is added in alphabetical order; and paragraphs (1), (2) introductory text, (3), and (4) under the definition for “Crab individual fishing quota (crab IFQ)” are revised to read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 680.2</SECTNO>
                        <SUBJECT>Definitions.</SUBJECT>
                        <STARS/>
                        <PRTPAGE P="35828"/>
                        <P>
                            <E T="03">Crab individual fishing quota (crab IFQ)</E>
                             * * *
                        </P>
                        <P>
                            (1) 
                            <E T="03">Catcher vessel crew (CVC) IFQ</E>
                             means a permit, initially issued to persons who historically held CFEC crab permits and signed fish tickets for qualifying landings based on pounds delivered raw, to annually harvest, but not process, CR crab onboard the vessel used to harvest that crab.
                        </P>
                        <P>
                            (2) 
                            <E T="03">Catcher vessel owner (CVO) IFQ</E>
                             means a permit, initially issued to persons who held LLP crab permits and had qualifying landings based on pounds delivered raw, to annually harvest, but not process, CR crab onboard the vessel used to harvest that crab.
                        </P>
                        <STARS/>
                        <P>
                            (3) 
                            <E T="03">Catcher/processor owner (CPO) IFQ</E>
                             means a permit, initially issued to persons who held LLP crab permits and had qualifying landings derived from landings processed at sea, to annually harvest and process CR crab.
                        </P>
                        <P>
                            (4) 
                            <E T="03">Catcher/processor crew (CPC) IFQ</E>
                             means a permit, initially issued to persons who historically held CFEC crab permits and signed fish tickets for qualifying landings based on landings processed at sea, to annually harvest and process CR crab.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Sideboards</E>
                             (see § 680.22).
                        </P>
                        <STARS/>
                    </SECTION>
                    <P>25. In § 680.4, paragraph (d)(3) is revised to read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 680.4</SECTNO>
                        <SUBJECT>Permits.</SUBJECT>
                        <STARS/>
                        <P>(d) * * *</P>
                        <P>(3) On an annual basis, the Regional Administrator will issue a crab IFQ permit to a person who submits a complete annual application for a crab IFQ/IPQ permit, described at paragraph (f) of this section, that is subsequently approved by the Regional Administrator.</P>
                        <STARS/>
                    </SECTION>
                    <P>26. In § 680.5:</P>
                    <P>A. Paragraphs (c) and (d) are removed and reserved.</P>
                    <P>B. Paragraphs (a)(2)(i)(G) and (b) are revised.</P>
                    <P>C. Paragraphs (a)(2)(i)(L) and (m) are added.</P>
                    <P>The revisions and additions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 680.5</SECTNO>
                        <SUBJECT>Recordkeeping and reporting (R&amp;R).</SUBJECT>
                        <P>(a) * * *</P>
                        <P>(2) * * *</P>
                        <P>(i) * * *</P>
                        <GPOTABLE COLS="3" OPTS="L4,i1" CDEF="xl40L,xl40L,xl40L">
                            <BOXHD>
                                <CHED H="1">Recordkeeping and Reporting Report</CHED>
                                <CHED H="1">Person Responsible</CHED>
                                <CHED H="1">Reference</CHED>
                            </BOXHD>
                            <ROW RUL="s,s,s">
                                <ENT I="22">(G) CR crab landing report</ENT>
                                <ENT>RCR</ENT>
                                <ENT>§ 679.5(e)(9)</ENT>
                            </ROW>
                            <ROW RUL="s,s,s">
                                <ENT I="22">* * * * * * *</ENT>
                                <ENT> </ENT>
                                <ENT> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22">(L) CR RCR Ex-vessel Volume and Value Report</ENT>
                                <ENT>RCR</ENT>
                                <ENT>§ 680.5(m)</ENT>
                            </ROW>
                        </GPOTABLE>
                        <STARS/>
                        <P>
                            (b) 
                            <E T="03">IFQ crab landings</E>
                            —(1) 
                            <E T="03">Landing reports.</E>
                             See § 679.5(e).
                        </P>
                        <P>
                            (2) 
                            <E T="03">Properly debited landing.</E>
                             All landed crab catch must be weighed, reported, and debited from the appropriate IFQ or IPQ account under which the catch was harvested, as appropriate (see § 679.5(e)).
                        </P>
                        <STARS/>
                        <P>
                            (m) 
                            <E T="03">CR Registered Crab Receiver Ex-vessel Volume and Value Report</E>
                            —(1) 
                            <E T="03">Applicability.</E>
                             An RCR that also operates as a shoreside processor or stationary floating crab processor and receives and purchases landings of CR crab must submit annually to NMFS a complete CR RCR Ex-vessel Volume and Value Report, as described in this paragraph (m), for each reporting period in which the RCR receives CR crab.
                        </P>
                        <P>
                            (2) 
                            <E T="03">Reporting period.</E>
                             The reporting period of the CR RCR Ex-vessel Volume and Value Report shall extend from August 15 through April 30 of the following year, inclusive.
                        </P>
                        <P>
                            (3) 
                            <E T="03">Due date.</E>
                             A complete CR RCR Ex-vessel Volume and Value Report must be received by the Regional Administrator not later than May 15 of the reporting period in which the RCR received the CR crab.
                        </P>
                        <P>
                            (4) 
                            <E T="03">Information required.</E>
                             A complete CR RCR Ex-vessel Volume and Value Report must include the following information, for receipt of raw crab only:
                        </P>
                        <P>(i) RCR identification, including:</P>
                        <P>(A) Name;</P>
                        <P>(B) RCR permit number;</P>
                        <P>(C) Social security number or tax identification number;</P>
                        <P>(D) NMFS person ID number;</P>
                        <P>(E) Business mailing address, indicate whether permanent or temporary;</P>
                        <P>(F) Business telephone number, fax number; and e-mail address (if any);</P>
                        <P>(G) Facility or vessel location (port location);</P>
                        <P>(ii) CR crab pounds purchased and ex-vessel value:</P>
                        <P>
                            (A) 
                            <E T="03">Pounds purchased.</E>
                             The total CR crab pounds purchased for each crab fishery/species by month;
                        </P>
                        <P>
                            (B) 
                            <E T="03">Ex-vessel value paid.</E>
                             The total dollar value (ex-vessel value) for fish in any product form of CR crab pounds before any deductions are made for goods and services (e.g., bait, ice, fuel, repairs, machinery replacement, etc.) provided to the CR crab harvesters. Include price adjustments made in the current year to CR crab harvesters for landings made during the crab fishing year.
                        </P>
                        <P>
                            (C) 
                            <E T="03">Value paid for price adjustments.</E>
                             Enter the monthly total U.S. dollar amount (value paid for price adjustments) of any CR crab retro-payments (correlated by CR crab species and fishery, landing month(s), and month of payment) made in the current year to CR crab permit holders for landings made during the previous calendar year.
                        </P>
                        <P>
                            (iii) 
                            <E T="03">Certification.</E>
                             Enter printed name, signature, and date signed of the RCR or authorized representative. If a representative, attach authorization.
                        </P>
                        <P>
                            (5) 
                            <E T="03">Submission address.</E>
                             The RCR must complete the CR Registered Crab Receiver Ex-vessel Volume and Value Report and submit by mail or fax to: Administrator, NMFS Alaska Region; Attn: RAM Program; P.O. Box 21668; Juneau, AK 99802-1668; fax number 907-586-7354; or submit electronically to NMFS via forms available at 
                            <E T="03">http://www.fakr.noaa.gov/ram</E>
                            .
                        </P>
                    </SECTION>
                    <P>27. In § 680.23, paragraph (b)(4) is revised to read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 680.23</SECTNO>
                        <SUBJECT>Equipment and operational requirements.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(4) Offload all CR crab product processed onboard at a shoreside location in the United States accessible by road or regularly scheduled air service and weigh that product on a scale approved by the state in which the CR crab product is removed from the vessel that harvested the CR crab; and</P>
                        <STARS/>
                    </SECTION>
                    <P>28. In § 680.44, paragraph (a)(2)(i) is revised to read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 680.44</SECTNO>
                        <SUBJECT>Cost recovery.</SUBJECT>
                        <P>(a) * * *</P>
                        <P>(2) * * *</P>
                        <P>(i) All CR allocation holders and RCR permit holders will be subject to a fee liability for any CR crab debited from a CR allocation during a crab fishing year, except for crab designated as personal use or deadloss, or crab confiscated by NMFS or the State of Alaska.</P>
                        <STARS/>
                    </SECTION>
                    <SECTION>
                        <SECTNO>§§ 680.7, 680.20, and 680.40</SECTNO>
                        <SUBJECT>[Amended]</SUBJECT>
                    </SECTION>
                    <P>
                        29. At each of the locations shown in the Location column, remove the phrase 
                        <PRTPAGE P="35829"/>
                        indicated in the “Remove” column and replace it with the phrase indicated in the “Add” column for the number of times indicated in the “Frequency” column.
                    </P>
                    <GPOTABLE COLS="4" OPTS="L4,i1" CDEF="30L,xl40L,xl40L,xl5C">
                        <BOXHD>
                            <CHED H="1">Location</CHED>
                            <CHED H="1">Remove</CHED>
                            <CHED H="1">Add</CHED>
                            <CHED H="1">Frequency</CHED>
                        </BOXHD>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 680.7(e)(1)</ENT>
                            <ENT>without a valid crab IFQ permit</ENT>
                            <ENT>without a legible copy of a valid crab IFQ permit</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW RUL="s,s,s,s">
                            <ENT I="22">§ 680.20(g)(2)(ix)</ENT>
                            <ENT>not required under this section, except as permitted by paragraph (j) of this section.</ENT>
                            <ENT>unless required under this section.</ENT>
                            <ENT>1</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">§ 680.40(c)(2)(vi)(A)</ENT>
                            <ENT>§ 679.40(k)(5)(v)</ENT>
                            <ENT>§ 679.4(k)(5)(v)</ENT>
                            <ENT>1</ENT>
                        </ROW>
                    </GPOTABLE>
                </SUPLINF>
                <FRDOC>[FR Doc. 07-3117 Filed 6-28-07; 8:45 am]</FRDOC>
                <BILCOD>BILLING CODE 3510-22-S</BILCOD>
            </PRORULE>
        </PRORULES>
    </NEWPART>
    <VOL>72</VOL>
    <NO>125</NO>
    <DATE>Friday, June 29, 2007</DATE>
    <UNITNAME>Rules and Regulations</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="35831"/>
            <PARTNO>Part III</PARTNO>
            <AGENCY TYPE="P">Department of Labor</AGENCY>
            <SUBAGY>Employment and Training Administration</SUBAGY>
            <HRULE/>
            <CFR>20 CFR Part 641</CFR>
            <TITLE>Senior Community Service Employment Program; Performance Accountability; Interim Rule</TITLE>
        </PTITLE>
        <RULES>
            <RULE>
                <PREAMB>
                    <PRTPAGE P="35832"/>
                    <AGENCY TYPE="S">DEPARTMENT OF LABOR </AGENCY>
                    <SUBAGY>Employment and Training Administration </SUBAGY>
                    <CFR>20 CFR Part 641 </CFR>
                    <RIN>RIN 1205-AB47 </RIN>
                    <SUBJECT>Senior Community Service Employment Program; Performance Accountability </SUBJECT>
                    <AGY>
                        <HD SOURCE="HED">AGENCY:</HD>
                        <P>Employment and Training Administration, Labor. </P>
                    </AGY>
                    <ACT>
                        <HD SOURCE="HED">ACTION:</HD>
                        <P>Interim final rule; request for comments. </P>
                    </ACT>
                    <SUM>
                        <HD SOURCE="HED">SUMMARY:</HD>
                        <P>The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this Interim Final Rule establishing new performance accountability measures for the Senior Community Service Employment Program (SCSEP). New measures are necessary due to the 2006 Amendments to Title V of the Older Americans Act. Specifically, this rule amends 20 CFR part 641 Subpart G—Performance Accountability and corresponding definitions found in Subpart A—Purpose and Definitions. This notice also solicits public comment on this Interim Final Rule which the Department will consider when it issues a Final Rule. </P>
                    </SUM>
                    <EFFDATE>
                        <HD SOURCE="HED">DATES:</HD>
                        <P>This rule is effective June 29, 2007. The Department invites interested persons to submit comments on this interim final rule. To ensure consideration, comments must be in writing and must be received on or before August 28, 2007. Comments received after that date will be considered to the extent possible. </P>
                    </EFFDATE>
                    <ADD>
                        <HD SOURCE="HED">ADDRESSES:</HD>
                        <P>You may submit comments, identified by Regulatory Information Number (RIN) 1205-AB47, by any of the following methods: </P>
                        <P>
                            • 
                            <E T="03">Federal e-Rulemaking Portal: www.regulations.gov.</E>
                             Follow the Web site instructions for submitting comments. 
                        </P>
                        <P>
                            • 
                            <E T="03">Fax:</E>
                             (202) 693-2766. 
                        </P>
                        <P>
                            • 
                            <E T="03">Mail:</E>
                             Written comments, disk, and CD-Rom submissions may be mailed to Maria Kniesler Flynn, Administrator, Office of Policy Development and Research, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-5641, Washington, DC 20210. 
                        </P>
                        <P>
                            • 
                            <E T="03">Hand Delivery/Courier:</E>
                             Maria Kniesler Flynn, Administrator, Office of Policy Development and Research, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-5641, Washington, DC 20210. 
                        </P>
                        <P>
                            The Department will post all comments received on 
                            <E T="03">www.regulations.gov</E>
                             without making any change to the comments, including any personal information provided. 
                        </P>
                        <P>
                            The 
                            <E T="03">www.regulations.gov</E>
                             Web site is the Federal e-rulemaking portal and all comments posted there are available and accessible to the public. The Department recommends that commenters not include their personal information such as Social Security Numbers, personal addresses, telephone numbers, and e-mail addresses in their comments as such submitted information will become easily available to the public via the 
                            <E T="03">www.regulations.gov</E>
                             Web site. Comments submitted through 
                            <E T="03">www.regulations.gov</E>
                             will not include the e-mail address of the commenter unless the commenter chooses to include that information as part of their comment. It is the responsibility of the commenter to safeguard his or her information. 
                        </P>
                        <P>Postal mail delivery in Washington, DC, may be delayed due to security concerns. Therefore, the Department encourages the public to submit comments via the Internet as indicated above. </P>
                        <P>
                            <E T="03">Docket:</E>
                             The Department will make all the comments it receives available for public inspection during normal business hours at the above address. If you need assistance to review the comments, the Department will provide you with appropriate aids such as readers or print magnifiers. The Department will make copies of the rule available, upon request, in large print and electronic file on computer disk. The Department will consider providing the rule in other formats upon request. To schedule an appointment to review the comments and/or obtain the rule in an alternate format, contact the office of Maria Kniesler Flynn at (202) 693-3700 (VOICE) or 1-800-877-8339 TTY/ASCII. Please note these are not toll-free numbers. You may also contact Ms. Flynn's office at the address listed above. 
                        </P>
                    </ADD>
                    <FURINF>
                        <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                        <P>
                            Adele Gagliardi, Senior Regulatory Specialist, Employment and Training Administration (ETA), U.S. Department of Labor, 200 Constitution Avenue,  NW., Room N-5641, Washington, DC 20210; E-mail 
                            <E T="03">gagliardi.adele@dol.gov;</E>
                             Telephone (202) 693-3700 (this is not a toll-free number). 
                        </P>
                        <P>Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 1-800-877-8339. </P>
                    </FURINF>
                </PREAMB>
                <SUPLINF>
                    <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                    <P SOURCE="NPAR">The preamble to this Interim Final Rule is organized as follows: </P>
                    <FP SOURCE="FP-2">I. Background—provides a brief description of the purpose and timing of the Interim Final Rule. </FP>
                    <FP SOURCE="FP-2">II. Summary and Explanation of the Interim Final Rule—discusses the substance of the rule. </FP>
                    <FP SOURCE="FP-2">III. Administrative Information—sets forth the applicable regulatory requirements. </FP>
                    <HD SOURCE="HD1">I. Background </HD>
                    <P>On October 17, 2006, President Bush signed the Older Americans Act Amendments of 2006, Pub. L. 109-365 (2006 OAA Amendments). This law amended the statute authorizing the SCSEP and necessitates changes to the SCSEP regulations. (The Department will continue to use the name “Senior Community Service Employment Program” for this program, although the law refers to it in various terms.) The purpose of this Interim Final Rule is to implement changes to the SCSEP performance measurement system required by the 2006 OAA Amendments. The Department intends to issue a separate Notice of Proposed Rulemaking, proceeding under related RIN 1205-AB48, to implement additional changes to the SCSEP regulations necessitated by the 2006 OAA Amendments. </P>
                    <P>
                        The SCSEP, authorized by Title V of the Older Americans Act, is the only federally-sponsored employment and training program targeted specifically to low-income older individuals who want to enter or re-enter the workforce. Participants must be 55 years of age or older with incomes no more than 125 percent of the Federal poverty level. The program offers participants training at community service employment assignments in public and non-profit so that they can gain on-the-job experience. The goals of the program are to move SCSEP participants into unsubsidized employment so that they can achieve economic self-sufficiency and to promote useful opportunities in community service activities. In the 2006 OAA Amendments, Congress expressed its sense of the benefits of SCSEP, stating, “placing older individuals in community service positions strengthens the ability of the individuals to become self-sufficient, provides much-needed support to organizations that benefit from increased civic engagement, and strengthens the communities that are served by such organizations.” Pub. L. 109-365 § 516(2).
                        <SU>1</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>1</SU>
                             Section 501 of the Older Americans Act Amendments of 2006, Pub. L. 109-365, amended 
                            <PRTPAGE/>
                            the various provisions of title V of the Older Americans Act of 1965 (42 U.S.C. 3056 
                            <E T="03">et seq.</E>
                            ). For ease of reference, we will refer to the changes to title V made by the 2006 OAA Amendments by referring to the relevant sections of title V as those sections were reflected in the Amendments.
                        </P>
                    </FTNT>
                    <PRTPAGE P="35833"/>
                    <P>The statute requires the Department to issue definitions of the indicators of performance through regulation. Section 513(b)(3). The statute also requires the Department to establish and implement the performance measures referred to in the statute as “core measures and additional indicators of performance” by July 1, 2007. Section 513(d)(4). The Department has determined that the most effective way to define the indicators of performance is to do so in conjunction with the rules that implement such definitions. Defining the performance measures and implementing them concurrently and in the same document is also more helpful to the grantees. In addition, given the importance of the measures in terms of corrective actions and the potential impact they could have on grantee funding, it is preferable to continue to describe and define the measures through regulation even though the statute only requires the Department to implement the definitions through regulation. Accordingly the Department is both defining and describing the indicators through this rule. </P>
                    <P>
                        The Department is unable to promulgate these regulations through the normal notice and comment rulemaking process because of the July 1, 2007, statutory deadline. Development of this rule necessitated extensive consultation within the Department, among multiple Employment and Training Administration offices, the Solicitor's Office and the Office of the Assistant Secretary for Policy. Activities of this group included developing a strategy for promulgating the regulation, addressing policy and programmatic issues and drafting the regulatory text and explanatory preamble. In addition, the Department was required to establish and implement the new SCSEP performance measures after consultation with stakeholders. Pub. L. 109-365 § 513(b)(3). Therefore, the Department drafted, cleared internally, and published a notice in the 
                        <E T="04">Federal Register</E>
                         (published February 8, 2007, 72 FR 5999) in order to provide a fair and meaningful opportunity for stakeholders to respond. The Department received comments during the period announced in the notice and fully considered these comments, which informed the Interim Final Rule development. This process is described more thoroughly below. In addition, the Department needed to examine potential Paperwork Reduction Act implications of this Interim Final rule as well as examine the Interim Final Rule under additional laws and Executive Orders which cover rulemaking. Finally, the Department needed to obtain all clearances required in rulemaking. Therefore, time only allowed for the Department to issue an Interim Final Rule. There is not time to draft, clear, and publish a Notice of Proposed Rulemaking, receive and respond to comments, and draft, clear, and publish a Final Rule by the July 1, 2007, deadline. Because § 513(a)(2)(C) of the statute prohibits funding grants until the Department and the grantee have agreed upon expected levels of performance, it is adverse to the public interest, and to the interest of those served under the SCSEP program as well as the grantees who seek to serve them, if the rule is delayed and a gap in services to individuals occurs. Therefore, the rule is being published as an Interim Final Rule so that the performance measures and the supporting definitions are effective immediately upon publication and without further delay. This approach will enable the Department and the grantees to negotiate performance agreements in time for all Program Year 2007 grants to be funded at the beginning of the Program Year. 
                    </P>
                    <P>Since the statute requires that the Department and each grantee reach agreement on the expected levels of performance for each of the core indicators before to the Department may fund the grants that will be subject to these new rules, starting with Program Year 2007, or July 1, 2007, the Department has made every effort to issue this Interim Final Rule in as timely a manner as possible and to assist grantees in meeting their obligations under the new performance requirements. To further assist grantees to adjust to the changes and to enable grantees to prepare for and to intelligently negotiate their performance goal for Program Year 2007, the Department previously issued a Training and Employment Guidance Letter (TEGL) describing the anticipated changes in the performance measures. </P>
                    <P>This Interim Final Rule supersedes the previously issued TEGL. If the Department determines that the information in this Interim Final Rule conflicts in a material way with the information previously issued through the TEGL, and has a material impact on the grantees' negotiated performance level goals, grantees will be allowed to renegotiate their performance level goals. The Department will make this determination and will issue further guidance if necessary. </P>
                    <P>
                        The Department sought public input on the SCSEP performance measures during the development of this Interim Final Rule in response to the statutory requirement that the Department establish and implement the new SCSEP performance measures after consultation with stakeholders. Specifically, section 513(a)(1) states that “[t]he Secretary shall establish and implement, after consultation with grantees, sub-grantees and host agencies under this title, States, older individuals, area agencies on aging and other organizations serving older individuals, core indicators of performance and additional indicators of performance for each grantee for projects and services carried out under this title.” The statute also instructs the Department to consult with stakeholders prior to defining the performance indicators. Pub. L. 109-365 § 513(b)(3). The Department satisfied these statutory requirements when it solicited public input on the definitions and implementation of the statutory performance measures in the 
                        <E T="04">Federal Register</E>
                         notice published February 8, 2007, 72 FR 5999. 
                    </P>
                    <P>
                        The February 8, 2007, 
                        <E T="04">Federal Register</E>
                         notice specifically requested input on six topics: (1) The core indicators, (2) the new one-year retention indicator, (3) customer satisfaction, (4) other additional indicators including possibly retaining the SCSEP placement measure, (5) performance outcomes, and (6) other comments related to SCSEP performance measures. 72 FR 5999 (Feb. 8, 2007). The Department made extensive efforts to make grantees aware of the notice and inform them of the timeframe for submitting comments; the Department e-mailed every grantee and briefed grantees during several all-grantee conference calls. In response to the notice, the Department received comments from 28 persons or entities. In addition, the Department presented a summary of the 2006 OAA Amendments at six regional SCSEP grantee training conferences in January, February, and March of 2007, and provided an opportunity for questions and comments. 
                    </P>
                    <P>
                        The Department carefully considered the comments received as we developed the content of this rule. In the preamble discussion of the regulatory changes, the Department discusses input we received from stakeholders. A full summary of the input received on each subject is available on the SCSEP Web site at 
                        <E T="03">http://www.doleta.gov/seniors</E>
                        . 
                    </P>
                    <P>
                        Although the Department solicited stakeholder input through the February 
                        <PRTPAGE P="35834"/>
                        8, 2007, notice and carefully considered the concerns raised through the process, the Department solicits comments on all sections of this Interim Final Rule. The Department particularly invites comments addressing any concerns that this Interim Final Rule significantly compromises the ability of grantees, in areas where a substantial population of minority individuals reside, to serve their targeted population of minority older individuals, in accordance with the requirements of section 514(f) of the 2006 OAA Amendments. 
                    </P>
                    <P>The SCSEP performance measures have evolved over time. Program-specific measures to monitor the performance of each SCSEP grantee were first codified in the 2000 Amendments to the OAA. The 2000 OAA Amendments required the following performance measures: </P>
                    <P>1. The number of persons served, with particular consideration given to individuals with greatest economic need, greatest social need, or poor employment history or prospects, and individuals who are over the age of 60; </P>
                    <P>2. Community services provided; </P>
                    <P>3. Placement into and retention in unsubsidized public or private employment; </P>
                    <P>4. Satisfaction of the enrollees, employers, and their host agencies with their experiences and the services provided; and </P>
                    <P>5. Any additional indicators of performance that the Secretary determines to be appropriate to evaluate services and performance.</P>
                    <FP>Pub. L. 106-501 § 513(b). </FP>
                    <P>When the Department implemented the 2000 OAA Amendments, it also began employing the “common measures” in the SCSEP performance system. The “common measures” are a government-wide initiative to apply uniform accountability measures to federally-funded employment and training programs, including those administered by the Department of Labor. Adoption of these common measures helps implement the President's Management Agenda for budget and performance integration as well as reduce barriers to integrated service delivery through local One-Stop Career Centers. To date, ETA has implemented the common performance measures for the majority of its workforce programs, including the SCSEP. </P>
                    <P>The common performance measures are: </P>
                    <P>1. Entered employment; </P>
                    <P>2. Retention in employment; and </P>
                    <P>3. Average earnings. </P>
                    <P>
                        The value of implementing common performance measures is in the ability to describe in a similar manner the core purposes of the workforce system: How many people found jobs? Did they stay employed? What did they earn? Historically, multiple sets of performance measures have burdened grantees, as they are required to report performance outcomes based on varying definitions and methodologies. By minimizing the different reporting and performance requirements, common performance measures can facilitate the integration of service delivery, reduce barriers to cooperation among programs, and enhance the ability to assess the effectiveness and impact of the workforce investment system. Current Department guidance on the common measures is contained in TEGL No. 17-05, issued on February 17, 2006. This TEGL is available at 
                        <E T="03">http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2195.</E>
                    </P>
                    <P>The Department previously identified “program efficiency” as a common measure for federal job training and employment programs, and listed program efficiency as a common measure in the last SCSEP Final Rule. 69 FR 19015, 19064 (April 9, 2004). However, since TEGL No. 17-05, grantees have not been required to report on program efficiency. Therefore, this measure is not addressed in this Interim Final Rule. </P>
                    <P>This Interim Final Rule marks the beginning of the next phase of the SCSEP performance measures. The 2006 OAA Amendments direct the SCSEP to track the following performance measures: </P>
                    <P>Indicators of Performance: </P>
                    <P>(1) Core Indicators—The core indicators of performance * * * shall consist of—</P>
                    <P>(A) Hours (in the aggregate) of community service employment; </P>
                    <P>(B) Entry into unsubsidized employment; </P>
                    <P>(C) Retention in unsubsidized employment for six months; </P>
                    <P>(D) Earnings; and </P>
                    <P>(E) The number of eligible individuals served, including the number of participating individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518. </P>
                    <P>(2) Additional Indicators—The additional indicators of performance * * * shall consist of—</P>
                    <P>(A) Retention in unsubsidized employment for 1 year; </P>
                    <P>(B) Satisfaction of the participants, employers, and their host agencies with their experiences and the services provided; </P>
                    <P>(C) Any other indicators of performance that the Secretary determines to be appropriate to evaluate services and performance. </P>
                    <FP>Pub. L. 109-365 § 513(b). </FP>
                    <P>Note that core indicators B, C, and D are consistent with the common measures. </P>
                    <P>All of these indicators are discussed and defined below. </P>
                    <HD SOURCE="HD1">II. Summary and Explanation of the Interim Final Rule </HD>
                    <P>This Interim Final Rule addresses only the SCSEP performance measures; it amends Subpart G, and related definitions located in Subpart A, of the SCSEP regulations. As discussed in the background section, the Department is proceeding separately with this portion of the regulation because of certain provisions of the 2006 OAA Amendments which mandate implementation of the new performance indicators during the Program Year 2007 grant solicitation and award process. The Department will be proceeding with the normal rulemaking process as it promulgates regulations addressing the remainder of the changes the 2006 OAA Amendments made to the SCSEP. </P>
                    <P>As the Department implements these performance measures, it remains cognizant of Congress' statement that the indicators “shall be designed to promote continuous improvement in performance.” Pub. L. 109-365 § 513(a)(2)(B). The Department remains committed to a system-wide continuous improvement approach grounded upon proven quality principles and practices. The Department is implementing these performance measures with the goal of further aligning the SCSEP with performance measures used in the rest of the workforce investment system. Accordingly, the Department purposely defined the entry into unsubsidized employment, retention in unsubsidized employment for six months, and earnings performance measures to be consistent with the common performance measures which are intended for similar, federally-funded employment and training programs serving adults. Further, the Department defines the one-year retention indicator to align with the equivalent indicator used for ETA's Adult and Dislocated Workers programs. </P>
                    <HD SOURCE="HD2">Subpart A—Purpose and Definitions </HD>
                    <HD SOURCE="HD3">What definitions apply to this subpart? (§ 641.140) </HD>
                    <P>
                        Section 641.140 of the SCSEP regulations provides definitions for the SCSEP, including those definitions relevant to the SCSEP performance measures. This Interim Final Rule, however, includes only those 
                        <PRTPAGE P="35835"/>
                        definitions relevant to the performance measures that are new or have been changed. Definitions relevant to performance measures that have not changed, as well as SCSEP definitions that are not directly related to performance measures, remain in the existing rule. 
                    </P>
                    <P>This Interim Final Rule contains new definitions. Several of them clarify which participants satisfy the core indicator that tracks “the number of participating individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518.” Pub. L. 109-365 § 513(b)(1)(E). The Department received several suggestions for these definitions; many aspects of that input are mentioned in the descriptions of each definition, below. Several commenters encouraged the Department to keep current definitions and/or adopt definitions that are familiar to the SCSEP, including the definitions from the SCSEP Data Collection Handbook. Our general approach to defining new terms in this rule is consistent with these comments; our goal was to minimize the number of new or potentially duplicative definitions. Accordingly, we attempted to define terms in a manner consistent with established definitions used in programs SCSEP grantees are familiar with, and in many cases those definitions also formed the basis for the definitions that exist in the Data Collection Handbook. For example, the definition of veteran comes from the Jobs for Veterans Act, which has been used by the SCSEP for years to distinguish which veterans qualify for a priority for SCSEP services. </P>
                    <P>Descriptions of the new definitions follow:</P>
                    <P>
                        <E T="03">Additional indicators:</E>
                         Following the structure established in the 2006 OAA Amendments, we define additional indicators to distinguish them from core indicators; additional indicators are those indicators not subject to goals and corrective action. We currently implement only two additional indicators—one-year retention and customer satisfaction. These are the additional indicators required by the 2006 OAA Amendments. At this time, the Department declines to add any additional indicators, but the regulations reserve the Secretary's authority, under section 513(b)(2)(C), to develop new additional measures when the Secretary determines that such additional indicators are appropriate for evaluation of services and performance. 
                    </P>
                    <P>
                        <E T="03">At risk for homelessness:</E>
                         The Department defines at risk for homelessness in relation to the definition of homeless, such that a person is at risk for homelessness if the person is likely to become homeless and is unable, using his or her own resources and support network, to obtain housing. 
                    </P>
                    <P>
                        <E T="03">Community service employment:</E>
                         The 2006 OAA Amendments added a definition of community service employment. We took the definition here directly from the statute. 
                    </P>
                    <P>
                        <E T="03">Core indicators:</E>
                         The 2006 OAA Amendments establish core indicators as a new category of indicators that are subject to goal-setting and corrective action. The indicators in the definition are those listed in the statute. 
                    </P>
                    <P>
                        <E T="03">Frail:</E>
                         A few commenters urged various definitions from sources such as the Older Americans Act and the Journal of Gerontology, Another commenter suggested consultation with the Administration on Aging. We adopt the definition of frail that is in the Older Americans Act in order to promote consistency with other OAA programs. 
                    </P>
                    <P>
                        <E T="03">Homeless:</E>
                         We adopt the definition of homeless that is in the McKinney-Vento Homeless Assistance Act; that Act's definition of homeless has consistently been used by the SCSEP for data collection purposes. One commenter recommended that we adopt a definition of homeless contained in a bill pending in Congress; however, the Department determined that the more prudent course was to adopt a definition already in statute. 
                    </P>
                    <P>
                        <E T="03">Limited English Proficiency:</E>
                         A few commenters urged various definitions from sources such as those used by the Department of Education and the Workforce Investment Act of 1998 (WIA). We adopt the definition of limited English proficiency (LEP) that is used by the Federal Interagency Working Group on Limited English Proficiency. The LEP Working Group was created at the request of Assistant Attorney General for Civil Rights and includes members representing more than 35 federal agencies; the group's focus is to ensure that limited English proficient persons have meaningful access to federal and federally-assisted programs. Its Web site, maintained by the U.S. Department of Justice, is 
                        <E T="03">http://www.lep.gov.</E>
                         ETA and the Department's Civil Rights Center adopted this definition for use in official guidance to the workforce system in 2004. That guidance may be viewed at 
                        <E T="03">http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=1488.</E>
                         Use of this definition by the SCSEP will promote consistency within the workforce system. 
                    </P>
                    <P>
                        <E T="03">Low employment prospects:</E>
                         The Department interprets the statute's term “low employment prospects” to be essentially equivalent to the similar phrase which also appears in the statute, “poor employment prospects.” “Poor employment prospects” also appeared in the prior OAA Amendments and was defined in the prior SCSEP rule. The Department developed the definition of low employment prospects from the prior definition of poor employment prospects. 
                    </P>
                    <P>
                        <E T="03">Low literacy skills:</E>
                         A few commenters urged various definitions such as those used by the Department of Education and WIA. In an effort to maintain program consistency, the Department defines low literacy skills based on a definition of a very similar term, “literacy skills deficient,” which is already in use in the SCSEP through the Data Collection Handbook. 
                    </P>
                    <P>
                        <E T="03">Most-in-need:</E>
                         Most-in-need is a label for the core indicator that tracks “the number of participating individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518.” Pub. L. 109-365 § 513(b)(1)(E). 
                    </P>
                    <P>
                        <E T="03">Persistent Unemployment:</E>
                         The Department defines persistent unemployment by reference to the unemployment rate for a locale, as a rate that is more than 20 percent higher than the national average for two of the last three years. 
                    </P>
                    <P>
                        <E T="03">Rural:</E>
                         We received suggestions about this definition that cited sources such as the Office of Management and Budget,the Administration on Aging, and the Economic Research Service at the Department of Agriculture. We have decided to align this definition of rural with that of the Rural Health Service at the U.S. Department of Health and Human Services; this is also consistent with the approach taken by the Economic Research Service at the Department of Agriculture. This definition is the broadest one available. First, the definition of rural includes areas not designated as metropolitan statistical areas by the Census Bureau. Information on which locations have been designated as metropolitan by the Census Bureau is available on the Census Bureau's Web site at 
                        <E T="03">census.gov/population/www/estimates/metrodef.html.</E>
                         To identify a particular Census tract, visit the Web page at 
                        <E T="03">ffiec.gov/geocode/default.htm</E>
                         and enter a street address. Second, rural also includes segments of metropolitan counties that have been assigned a Rural Urban Commuting Area (RUCA) code between four and ten. To determine whether a portion of a metropolitan county has been so classified, readers may consult the RUCA codes, which can currently be located at the Web site of the Economic Research Service of the U.S. Department of Agriculture, 
                        <PRTPAGE P="35836"/>
                        <E T="03">ers.usda.gov/data/ruralurbancommutingareacodes/.</E>
                         Finally, Census tracts that are larger than 400 square miles, have a population density of less than 30 people per square mile, and have been assigned RUCA codes 2 or 3, are also considered rural. Further information on the Rural Health Service's rural classification system, including a list of areas classified by the Service as rural, can be found at their Web site, 
                        <E T="03">ruralhealth.hrsa.gov/funding/eligibilitytestv2.asp.</E>
                         The University of Washington has created a zip-code-specific approximation of rural status which can be downloaded at 
                        <E T="03">depts.washington.edu/uwruca/data.html.</E>
                    </P>
                    <P>
                        <E T="03">Severe disability:</E>
                         We adopt the definition of severe disability that is in the Older Americans Act. 
                    </P>
                    <P>
                        <E T="03">Severely limited employment prospects:</E>
                         The Department developed the definition of severely limited employment prospects to relate to the definition of low employment prospects; a person faces severely limited employment prospects when that person has more than one significant barrier to employment. 
                    </P>
                    <P>
                        <E T="03">Veteran:</E>
                         We define veteran by reference to the Jobs for Veterans Act, 38 U.S.C. 4215(a). The SCSEP has consistently used that statute to distinguish precisely which veterans qualify for SCSEP priority and thus it was a logical source of our definition. We note that under certain circumstances spouses of veterans qualify as veterans under the Jobs for Veterans Act. 
                    </P>
                    <P>The following terms were defined in the prior SCSEP rule but have been modified:</P>
                    <P>
                        <E T="03">Disability:</E>
                         The only change to the definition of disability concerns the citation. The definition comes from the Older Americans Act, and the paragraph number to which the definition is assigned changed as a result of the 2006 OAA Amendments. 
                    </P>
                    <P>
                        <E T="03">National grantee:</E>
                         We modify the definition of National grantee by removing the word “Federal” as a modifier to the word “public” to be consistent with the 2006 OAA Amendments, see Pub. L. 109-365 § 506(g)(5), and by making various technical corrections. 
                    </P>
                    <HD SOURCE="HD2">Subpart G—Performance Accountability </HD>
                    <HD SOURCE="HD3">What performance measures/indicators apply to SCSEP grantees? (§ 641.700) </HD>
                    <P>The 2006 OAA Amendments separate SCSEP performance measures into two categories, core and additional. The Department and each grantee must agree upon goals for core indicator performance levels before the start of each program year. A grantee that fails to meet the agreed-upon core performance levels, which may be adjusted as discussed below, is subject to corrective action. Additional indicators are not subject to goal-setting and are, therefore, not subject to corrective action. However, the statute does mandate that the Department annually publish each grantee's performance on the additional indicators. </P>
                    <P>
                        Section 513(a)(3)(b)(1) of the 2006 OAA Amendments lists the 
                        <E T="03">core indicators</E>
                        : 
                    </P>
                    <P>1. Hours (in the aggregate) of community service employment; </P>
                    <P>2. Entry into unsubsidized employment; </P>
                    <P>3. Retention in unsubsidized employment for six months; </P>
                    <P>4. Earnings; </P>
                    <P>5. The number of eligible individuals served, including the number of participating individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518. </P>
                    <P>The Department received numerous comments about whether the fifth core indicator should be split into two indicators. Many commenters supported establishing two separate measures, with one measure for total persons served and one for “the number of participating individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518.” Respondents provided a variety of rationales for this position. For example, several respondents noted that this would be a better measure of services provided to those individuals with barriers to employment; one noted that this would ensure service to “high barrier populations”; one noted that combining measures would not give an accurate depiction of the individuals being served; and one noted that two measures can be beneficial for effective program management. </P>
                    <P>Several commenters expressed support for one combined measure, rather than two separate measures. These respondents also provided a range of rationales for their position. For example, one noted that grantees cannot control who enters the program and that many of the individuals that have attributes cited in the priority list cannot find unsubsidized employment in 27 months; one noted that one measure would promote more effective services and ensure services to those “at great risk” but falling outside the priority of service list; and one noted that, based on income eligibility requirements, all individuals eligible for SCSEP are effectively most-in-need and so a separate measure for most-in-need is not necessary. </P>
                    <P>
                        After considering this input, the Department has decided to divide the fifth core indicator into two separate core indicators: (1) The number of eligible individuals served, described in section 641.710(a)(5), and (2) the number of participating individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518 (
                        <E T="03">i.e.</E>
                        , most-in-need), described in section 641.710(a)(6)). This is consistent with current practice in which we have a separate measure for a narrower group of participants in need as well as with the recommendation of a majority of respondents who commented on this measure, and it more clearly tracks relevant program data than a combined indicator. 
                    </P>
                    <P>
                        The statute then lists the 
                        <E T="03">additional indicators:</E>
                    </P>
                    <P>1. Retention in unsubsidized employment for one year; </P>
                    <P>2. Satisfaction of the participants, employers, and their host agencies with their experiences and the services provided; and </P>
                    <P>3. Any other indicators of performance that the Secretary determines to be appropriate to evaluate services and performance. </P>
                    <FP>Pub. L. 109-365 § 513(a)(3)(b)(2). </FP>
                    <P>An agreement to be evaluated on the core indicators of performance and to report information on the additional indicators of performance is a requirement for application for, and a condition of, all SCSEP grants. Pub. L. 109-365 § 513(a)(3). </P>
                    <P>The Department considered an additional indicator, SCSEP Placement. The SCSEP Placement indicator has tracked how many exiting participants were employed for 30 days within the first 90 days after program exit. Several stakeholders, however, argued against the need for doing so. Some expressed the view that the SCSEP has too many measures already and that the SCSEP should be evaluated on only the common measures, as is the case with other Department programs. Other commenters focused on the notion that the common measure “entered employment” indicator is sufficient to track placement and that the SCSEP placement rate is duplicative. The Department is persuaded that the potential benefit of tracking the SCSEP Placement measure does not outweigh the added burden on grantees. Accordingly, the SCSEP Placement indicator will no longer be required. </P>
                    <P>
                        Several commenters argued in favor of retaining the SCSEP Placement indicator. Any grantee is welcome to continue its use, as grantees may use 
                        <PRTPAGE P="35837"/>
                        additional performance measures that assist them in managing their SCSEP project. 
                    </P>
                    <P>
                        We received some comments suggesting that the Department adopt various other additional indicators, such as a measure to record recruitment; and measures related to the unique aspects of SCSEP (
                        <E T="03">i.e.</E>
                        , community service and service to a specific population). Other respondents urged us not to adopt any more indicators. Although the statute allows the Department to establish “[a]ny other indicators of performance that the Secretary determines to be appropriate to evaluate services and performance” we choose not to establish any further indicators at this time. Again, this course was chosen because any potential benefits of additional reporting do not outweigh the costs of that reporting. 
                    </P>
                    <HD SOURCE="HD3">How are the performance indicators defined? (§ 641.710) </HD>
                    <HD SOURCE="HD3">Core Indicators </HD>
                    <P>
                        1. 
                        <E T="03">Hours (in the aggregate) of community service employment.</E>
                         Hours (in the aggregate) of community service employment compares the total number of hours of community service provided by each SCSEP grantee to the number of community service hours funded by the grant. Current practice is for SCSEP grantees to report the number of hours of community service; that is, the number of hours that participants worked at host agencies. In order to provide a meaningful way to assess and compare performance, however, it is necessary to transform the number of hours into a community service participation rate. The Department began computing such a rate during Program Year 2006. To calculate the rate, the Department takes the number of community service hours as reported by each grantee and divides that number by the total community service hours funded for the grantee, adjusted for minimum wage differences among the States and areas. 
                    </P>
                    <P>The Department received a variety of comments on this indicator. A number of these comments expressed support for this performance indicator because it relates to the community service goal of the SCSEP, and because community service employment assignments are a unique and vital aspect of the SCSEP that is valuable to participants as well as to communities. Several commenters encouraged the Department in its new practice of transforming the raw data provided by grantees into a rate that can be the subject of a performance goal. A few respondents suggested definitions for this indicator; these comments included recommendations that the performance measure for hours of community service employment be determined by (1) comparing the number of community service hours provided to the potential number of community service hours based on the average current participants; and (2) dividing the actual number of community service hours completed by the potential number of community service hours that could be completed (Enrollee Wages and Fringe Benefits divided by the hourly community service cost). Finally, a commenter also suggested that participant training for computer skills and soft skills be counted as community service hours because of the importance of developing such skills in today's workforce. Soft skills are short-term pre-vocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills and professional conduct, to prepare individuals for unsubsidized employment. </P>
                    <P>At this time, the Department has decided not to change to the way this indicator is currently calculated. While a few commenters suggested slight revisions to the current definition, the Department declines to adopt those suggestions at present. Though we acknowledge that computer and soft skills are important for many jobs in current employment market, the 2006 OAA Amendments define community service employment to mean part-time, temporary employment (the full definition is included in the definitions section of these regulations, § 641.140). Furthermore, we concur with those commenters that find value in data quantifying the hours worked by SCSEP participants in service to their communities. </P>
                    <P>Accordingly, grantees will continue to report the raw number of hours of community service as they have in the past. The Department clarifies, however, that hours of paid participation in non-host agency training such as classroom training and on-the-job experience, are excluded from the hours of community service reported by grantees. Hours spent on such paid training are also excluded from the total number of community service hours funded (the denominator when the Department calculates the rate); excluding non-host agency paid training from both figures avoids penalizing grantees that provide such training to their participants. </P>
                    <P>
                        2. 
                        <E T="03">Entry into unsubsidized employment.</E>
                         The 2000 OAA Amendments defined placement into unsubsidized employment so that it measured how many exited participants had obtained paid employment for 30 days within the 90-day period following their program exit. Pub. L. 106-501 § 513(c)(2)(A). The 2006 OAA Amendments eliminate that statutory definition, and instead require the Department to define each of the indicators by regulation after consultation with stakeholders. To more fully align the SCSEP with the indicators required of other federally-funded employment and training programs, the Department has decided to define this core indicator in the same manner as the common measures entered employment indicator. We note that while we did not receive many comments on this indicator, the input we did receive generally favored adoption of the common measures and alignment with WIA. 
                    </P>
                    <P>TEGL 17-05, which explains ETA's common measures policy, describes entered employment as, “[o]f those who are not employed at the date of participation: the number of participants who are employed in the first quarter after the exit quarter divided by the number of adult participants who exit during the quarter.” Grantees have been reporting on this indicator already, and there will not be any change in their reporting at this time. </P>
                    <P>
                        3. 
                        <E T="03">Retention in unsubsidized employment for six months.</E>
                         As with entry into unsubsidized employment, the 2006 OAA Amendments eliminated the 2000 OAA Amendments' definition of six-month retention, and charged the Department with defining the indicators by regulation. 
                    </P>
                    <P>The Department has decided to define retention in unsubsidized employment for six months in the same manner as the common measures employment retention measure; this approach is generally consistent with the few comments we received on this indicator. Using this definition will decrease the burden on grantees, as the Department previously required grantees to report on both the former statutory six-month indicator (measured 180 days after program exit) as well as the common measures employment retention measure. Grantees will no longer be required to conduct a follow-up 180 days after placement, as they have been doing to comply with the previous statutory retention indicator. </P>
                    <P>
                        TEGL 17-05 describes the common measures employment retention indicator as, “[o]f those who are employed in the first quarter after the exit quarter: The number of adult participants who are employed in 
                        <E T="03">both</E>
                         the second and third quarters after the 
                        <PRTPAGE P="35838"/>
                        exit quarter 
                        <E T="03">divided</E>
                         by the number of adult participants who exit during the quarter.” Again, grantees have already been reporting on this indicator, and there will be no change to their reporting at this time. 
                    </P>
                    <P>
                        4. 
                        <E T="03">Earnings.</E>
                         When SCSEP regulations were last published in April 2004, the earnings common measure compared the difference in earnings pre- versus post-program participation. The Department subsequently revised its earnings measure in TEGL 17-05 in response to concerns that focusing on the change in earnings provided a disincentive to serving people with previous work experience, especially those with higher pre-program wages, and that in practice the measure was more likely to indicate participants' previous earnings history than a measure of program effectiveness. With the revision, the focus of the earnings measure shifted to post-program earnings. The Department implemented a new methodology for reporting the earnings measure, which looks at wages over a six month period following program exit (average earnings). SCSEP grantees have been reporting on the average earnings common measure for participants who entered the program on or after July 1, 2005, since the first quarter of Program Year 2006 and there will be no change to their reporting at this time. 
                    </P>
                    <P>The Department received a small number of comments on the earnings measure. Some commenters recommended eliminating this measure; however, the 2006 OAA Amendments require an earnings measure so the Department does not have the discretion to eliminate it. We also received a comment encouraging the Department to calculate earnings based on wages earned at any time during a quarter (rather than a specific date), and a suggestion that earnings increase should be measured from entry in the program to the earnings at six months. </P>
                    <P>
                        In order to align with similar, federally-funded employment and training programs, the Department has determined that earnings will be defined in the same manner as the average earnings common measure. TEGL 17-05 describes average earnings as, “[o]f those adult participants who are employed in the first, second 
                        <E T="03">and</E>
                         third quarters after the exit quarter: The total earnings in the second quarter 
                        <E T="03">plus</E>
                         total earnings in the third quarter after the exit quarter 
                        <E T="03">divided</E>
                         by the number of adult participants who exit during the quarter.” It is important to note that this measure looks only at those individuals who are included in the retention measure, so the earnings are a reflection of what participants who are still working are earning. Previous earnings measures counted program exiters who were not still employed, which had the effect of lowering the outcomes and distorted the outcomes of the measure. By including those who were not employed in the earnings measure, it was difficult to determine how much those who were employed were actually earning. 
                    </P>
                    <P>A few respondents encouraged the Department to facilitate grantee access to unemployment insurance wage records, which would make it much easier to capture entered employment, retention, and earnings data. The Department is always interested in improving data collection methods, and we will continue to explore the possibility of access to unemployment insurance wage records as an option for future implementation. </P>
                    <P>
                        5. 
                        <E T="03">Number of eligible individuals served.</E>
                         The 2006 OAA Amendments list “the number of eligible individuals served, including the number of participating individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518” as the fifth and final core indicator. As discussed above, the Department has decided it will continue its current practice of dividing this indicator into two measures to clearly track relevant program data and for ease of reporting. 
                    </P>
                    <P>The first portion of this indicator, the number of eligible individuals served (also referred to as the service level) has been reported by SCSEP grantees for years, and there is no change in the reporting requirements as a result of the 2006 OAA Amendments. The number of eligible individuals served performance measure will continue to be calculated by comparing the total number of participants served to a grantee's authorized number of positions, adjusted for the differences in minimum wage among the States and other areas. </P>
                    <P>
                        6. 
                        <E T="03">Most-in-need.</E>
                         The second portion of the statutory fifth and final core indicator, “the number of participating individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518” establishes the most-in-need indicator. 
                    </P>
                    <P>The Department received numerous comments concerning the most-in-need indicator. In addition to providing feedback on the question of whether to divide the fifth indicator into two measures, several respondents discussed the list of characteristics of those to whom a priority of service will be given. The statutory priority list contributes to the most-in-need list. However, to the extent that these comments focused on priority requirements, we have not incorporated the comments into this Interim Final Rule because the scope of this rule is limited to the performance measurement system. Non-performance measure changes to the SCSEP required by the 2006 OAA Amendments, such as the new priority characteristics, will be addressed in a forthcoming Notice of Proposed Rulemaking. </P>
                    <P>
                        Subsection (a)(3)(B)(ii) of section 518 lists the factors relevant to requesting a waiver to the new 48-month limit on program participation. It states that a grantee may request an increased period of participation for individuals who have a severe disability; are frail or are age 75 or older; meet the eligibility requirements related to age for, but do not receive, benefits under Title II of the Social Security Act (42 U.S.C. 401 
                        <E T="03">et seq.</E>
                        ); live in an area with persistent unemployment and are individuals with severely limited employment prospects; or have limited English proficiency or low literacy skills. Subsection (b)(2) of section 518 lists characteristics (other than age) of individuals who have priority for SCSEP services. Priority is to be given to individuals who: Have a disability; have limited English proficiency or low literacy skills; reside in a rural area; are veterans; have low employment prospects; have failed to find employment after utilizing services provided under title I of WIA; or are homeless or at risk for homelessness. 
                    </P>
                    <P>The statute is written in such a way that a participant with any one characteristic from either the waiver list or the priority list will be included in the most-in-need performance measure. For ease of administration, the Department has consolidated these two lists into one list of most-in-need characteristics. Some characteristics, for example, low literacy skills, are listed in both subsection (a)(3)(B)(ii) and subsection (b)(2) of section 518; such characteristics are only listed once in the most-in-need list. One statutory description of a characteristic actually contains two characteristics (“are frail or are age 75 or older,” Pub. L. 109-365 § 518 (a)(3)(B)(ii)(II)), and so those characteristics are listed separately here. Each of the thirteen characteristics on the most-in-need list will be given the same weight. </P>
                    <P>
                        Because some characteristics, such as poor employment prospects, are shared by most SCSEP participants, all or nearly all participants may qualify as most-in-need. To distinguish among the level of grantees' efforts to enroll participants with additional serious barriers to employment, and to make the most-in-need measure a more effective assessment of grantees' compliance with statutory priorities, grantees will report 
                        <PRTPAGE P="35839"/>
                        on each characteristic and the most-in-need measure will be an average of the total number of characteristics per participant served. For example, if a 70 year-old veteran with a severe disability who lives in a rural area enrolls in the SCSEP, that participant will be marked as possessing four of the most-in-need characteristics: Veteran, disability, severe disability, and rural resident. To restate, then, the Department will define most-in-need by counting the total number of the most-in-need characteristics for all participants and dividing by the number of participants served. 
                    </P>
                    <P>Most-in-need is a core indicator and is, therefore, subject to goal-setting. However, the 2006 OAA Amendments significantly expanded the most-in-need list of characteristics. While the most-in-need list used to contain four characteristics (individuals over age 60 who have the greatest economic need, greatest social need, or poor employment history or prospects), the list now contains thirteen characteristics. Because there is not yet a body of performance data on the new characteristics, it is not possible to set rational goals for the first program year for this indicator. Accordingly, the Department will use Program Year 2007 as a baseline year so that grantees and the Department may collect sufficient data to set a meaningful goal for this measure for Program Year 2008. We intend that all grantees will be required to negotiate goals for and be held accountable to this measure in Program Year 2008. </P>
                    <P>At the conclusion of Program Year 2007, the Department will be able to report on the average number of most-in-need characteristics per participant for each grantee, as well as the total number of participants exhibiting each characteristic. </P>
                    <HD SOURCE="HD3">Additional Indicators </HD>
                    <P>
                        1. 
                        <E T="03">Retention in unsubsidized employment for one year.</E>
                         The 2006 OAA Amendments include retention in unsubsidized employment for one year as an additional indicator. This is a new indicator for the SCSEP. 
                    </P>
                    <P>Many respondents commented on this measure. In terms of choosing the time at which to measure one-year retention: no one recommended measuring one-year retention during the 5th quarter after the exit quarter, a few commenters recommended the 365th day, and many commenters encouraged the Department to measure this indicator during the 4th quarter after the exit quarter. One commenter recommended measuring one-year retention during the fourth quarter but not later than the 365th day. Another commenter suggested this indicator be measured during the twelfth month after the date the unsubsidized employment began. </P>
                    <P>
                        Consistent with the majority of comments received on this question, the Department is defining this indicator to align with the WIA one-year retention performance measure. ETA defined the WIA one-year retention measure in its WIA Annual Report, General Reporting Instructions, Revised 2006, as, “[o]f those who are employed in the first quarter after the exit quarter: the number of participants who are employed in the fourth quarter after the exit quarter 
                        <E T="03">divided</E>
                         by the number of participants who exit during the quarter.” This measure looks only at those individuals who are included in the entered unsubsidized employment indicator. 
                    </P>
                    <P>By examining whether participants are employed in the fourth quarter after the quarter of exit, grantees will be focused on whether participants who entered unsubsidized employment are still employed approximately one calendar year after exiting the SCSEP. For example, if a participant exits during the first quarter of the calendar year (between January 1 and March 31), the fourth quarter after the exit quarter will be the first quarter of the next calendar year (January 1 to March 31). Retention is measured at one year, only one quarter after measuring retention at six months, because the one-year retention measure has been determined by the Department to most accurately capture retention twelve months after program exit. </P>
                    <P>The Department received many comments expressing the view that obtaining follow-up data one year after program exit will be a challenge. One commenter noted that while participants are generally grateful for the services provided through the SCSEP, participants sometimes feel “a sort of infringement” about providing follow-up information. One commenter noted that employers sometimes hesitate to release employment and wage information despite being provided with a release signed by the participant. One commenter noted that in her experience it is difficult to maintain participant contact more than six months after program exit; similarly, another commenter pointed out that securing follow-up information becomes more difficult the longer the participant has been exited from the SCSEP. Another commenter maintained that it may be difficult for participants who satisfy the new priority characteristics to remain employed for one year. One commenter argued that grantees should not be penalized if follow-up data is unobtainable; another contended that grantees should not be punished if a participant must exit the workforce due to failing health before one-year retention gets measured. Finally, one commenter suggested that the Department delay implementation of the one-year retention measure until the SCSEP gains access to Unemployment Insurance wage records. </P>
                    <P>The Department recognizes that obtaining one-year retention data may prove to be a demanding task. However, the 2006 OAA Amendments require a one-year indicator, and the Department must follow the mandates of the statute. The Department remains available to provide technical assistance as grantees implement this new indicator. Indeed, it is our intention to share with grantees whatever information we can that will facilitate this data collection process. And, as stated with regard to the earnings measure, the Department has been exploring options for access to unemployment insurance wage records as an option for future implementation. Finally, note that we have no current intention of altering the exclusion policies relating to participants that must exit the program or the workforce due to extraordinary circumstances such as ill health. As listed in TEGL 17-05, the circumstances for excluding participants in the common measures calculations include institutionalization, health/medical issues for self or family, deceased, and called to active duty from the reserves. </P>
                    <P>
                        2. 
                        <E T="03">Satisfaction of the participants, employers, and their host agencies with their experiences and the services provided.</E>
                         The 2006 OAA Amendments continue the customer satisfaction indicator. The Department envisions no change in this reporting requirement at this time. Grantees will continue to track three distinct measures of customer satisfaction: one measure for participant satisfaction, one measure for employer satisfaction, and one measure for host agency satisfaction. Customer satisfaction for all three groups will continue to be determined using an established methodology. 
                    </P>
                    <P>
                        The Department received a handful of comments on this performance measure. Several commenters recommended that the Department maintain the current system because the information received is valuable and the system appears to be working satisfactorily. A small number of commenters suggested that the Department entirely eliminate customer satisfaction surveys or at least not use them as a performance measure. Several commenters suggested that customer satisfaction surveys are either too costly 
                        <PRTPAGE P="35840"/>
                        to administer, do not add value to the program, or should be administered less frequently than every year. There was also a range of comments on related issues: A small number of commenters suggested that the Department not conduct the satisfaction surveys in Program Year 2006 because the recent national grant competition would lead to data that is not useful; some respondents offered suggestions on how to improve the survey instrument such as convening focus groups to refine survey questions, shortening the surveys, and adding more questions to the surveys; and one commenter suggested that the Department, rather than the grantees, conduct the surveys of employers. 
                    </P>
                    <P>As stated with regard to the other statutorily-mandated performance measures, it is not within the scope of the Department's discretion to eliminate the customer satisfaction indicator, and the surveys will be administered during Program Year 2006. There are, however, plans for a pilot project in 2007 to test the feasibility of the Department conducting the employer surveys. The Department will take other commenters' suggestions under advisement. </P>
                    <P>To summarize, the Department will now be collecting data on eight performance indicators, six of which are core indicators, subject to goal-setting: </P>
                    <P>Core Indicators: </P>
                    <P>(1) Hours (in the aggregate) of community service employment; </P>
                    <P>(2) Entry into unsubsidized employment (common measure); </P>
                    <P>(3) Retention in unsubsidized employment for six months (common measure); </P>
                    <P>(4) Earnings (common measure); </P>
                    <P>(5) Number of eligible individuals served; </P>
                    <P>(6) The number of most-in-need individuals served/number of participating individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518 (second part of fifth statutory core indicator, treated here as separate indicator). </P>
                    <P>Additional Indicators: </P>
                    <P>(1) Retention in unsubsidized employment for one year; </P>
                    <P>(2) Satisfaction of the participants, employers, and their host agencies with their experiences and the services provided. </P>
                    <P>By using the SCSEP Performance and Results Quarterly Progress Report, or SPARQ, system, grantees only need to input the raw data, and the data management system will complete the performance measure calculations. Performance measure results may be viewed at virtually any time by producing a grantee or sub-grantee Quarterly Progress Report. Grantees are also provided with data quality reports which indicate the existence of any missing or impermissible data values. </P>
                    <HD SOURCE="HD3">How will the Department and grantees initially determine and then adjust expected levels of performance for the core performance measures? (§ 641.720) </HD>
                    <P>The Department and SCSEP grantees have been reaching agreement on performance levels for several years and the Department does not envision any change at this time to the process for reaching agreement. The performance levels will continue to be agreed upon before the beginning of each Program Year. The Department will continue to initially propose a baseline performance level, taking into consideration such things as grantees' past performance, the need for continuous improvement, and the statutory adjustment factors described in § 641.720(b). A grantee may respond with data on either the statutory adjustment factors or other relevant dynamics to alter the proposed goals. At the conclusion of this process, the parties will form agreement on performance levels for the coming Program Year. A grantee may submit comments to the Department concerning the grantee's satisfaction with the negotiated levels; those comments will be made available for public review. </P>
                    <P>Section 641.720(a)(5) implements another new provision in the 2006 OAA Amendments which concerns making public the agreed-upon performance levels. Once all agreements have been reached, the Department will make available for public review the final expected levels of performance for each grantee, including any comments submitted by any grantee about the grantee's satisfaction with the agreed-upon levels. </P>
                    <P>The Department received a few comments about the process of reaching agreement on the expected levels of performance, and on the goals themselves. A small number of respondents expressed general support for the current process, and a small number of commenters suggested that in the goal-setting process more weight should be given to grantee input. There were also comments suggesting that the same performance goals be established for all national grantees or that the Department make public the specific criteria and rationale used to justify different goals for each grantee. </P>
                    <P>The Department elects to retain its current process of reaching agreement on performance goals as this process already allows for significant grantee input, and is an objective, data-driven process. We will not set the same goals for all national grantees because that would not account for the varying performance levels among the grantees, nor would allow for reasonable levels of continuous improvement. In terms of the information available to grantees about the goals set for other grantees, we note that all grantees have access to all other grantees' performance outcomes, as well as the performance levels initially proposed by the Department and the final, negotiated goals. Further, the Department explains to each grantee the objective, data-driven process used in reaching agreement on the performance levels, and the same process is consistently employed with all grantees. Finally, we again note the new provision in the 2006 OAA Amendments that allows grantees to submit, and the Department to make public, comments concerning a grantee's satisfaction with the agreed-upon levels. </P>
                    <P>The 2006 OAA Amendments create a graduated “floor” for the entry into unsubsidized employment indicator. That is, under the 2000 OAA Amendments, the entry into unsubsidized employment measure could not be less than 20 percent. The 2006 OAA Amendments require the following levels of entry into unsubsidized employment: 21 percent for Program Year 2007; 22 percent for Program Year 2008; 23 percent for Program Year 2009; 24 percent for Program Year 2010; and 25 percent for Program Year 2011. In the pursuit of continuous improvement, and based on the prior performance of the grantees, the Department has consistently established a performance level higher than the graduated floor set by statute for many grantees, and expects to continue to do so. </P>
                    <P>The 2006 OAA Amendments continue the practice of allowing grantees to petition for an adjustment to the agreed-upon performance levels, in recognition of the reality that circumstances affecting program performance can change markedly over the course of a year. The list of statutory adjustment factors has changed. Section 513(a)(2)(D) of the 2006 OAA Amendments limits the new adjustment factors to: </P>
                    <P>(i)(a) High rates of unemployment in the areas served by a grantee, relative to other areas of the State involved or Nation; or </P>
                    <P>(i)(b) High rates of poverty in the areas served by a grantee, relative to other areas of the State involved or Nation; or </P>
                    <P>
                        (i)(c) High rates of participation in TANF (Temporary Assistance for Needy Families, a program of block grants to States established under part A of title 
                        <PRTPAGE P="35841"/>
                        IV of the Social Security Act (42 U.S.C. 601 
                        <E T="03">et seq.</E>
                        )), in the areas served by a grantee, relative to other areas of the State involved or Nation; 
                    </P>
                    <P>(ii) Significant economic downturns in the areas served by the grantee or in the national economy; </P>
                    <P>(iii) Significant numbers or proportions of participants with one or more barriers to employment, including individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518 (most-in-need), served by a grantee relative to such numbers or proportions for grantees serving other areas of the State or Nation; </P>
                    <P>(iv) Changes in Federal, State, or local minimum wage requirements; and </P>
                    <P>(v) Limited economies of scale for the provision of community service employment and other authorized activities in the areas served by the grantee. </P>
                    <P>In petitioning for an adjustment, grantees must support their case with data based on one or more of the factors from this list. Obtaining an adjustment to negotiated performance levels is a data-driven process. </P>
                    <HD SOURCE="HD3">How will the Department assist grantees in the transition to the new core performance indicators? (§ 641.730) </HD>
                    <P>Section 513(d)(1) of the 2006 OAA Amendments calls for the Department, as soon as practicable after July 1, 2007, to determine whether grantees have, for Program Year 2006, met the performance levels set for the core indicators for Program Year 2007. The Department will also determine whether grantees have achieved the statutory percentages required for placement. If the Department determines that a grantee failed to achieve either the agreed-upon performance levels or the required placement percentages, the Department will provide technical assistance to assist that grantee to meet the agreed-upon performance levels and/or the applicable placement percentage during Program Year 2007. This technical assistance is for the purpose of assisting the grantees to be able to work successfully with the new performance measures and does not count as technical assistance provided under § 513(d)(2) or (3). </P>
                    <P>Further, and as discussed in relation to the most-in-need measure, Program Year 2007 will be treated as a baseline year for the most-in-need indicator so that grantees and the Department may gather data on the expanded list of characteristics. Expected levels of performance will be set for Program Year 2008 for the most-in-need measure. </P>
                    <HD SOURCE="HD3">How will the Department determine whether a grantee fails, meets, or exceeds the expected levels of performance for the core indicators and what will be the consequences of failing to meet expected levels of performance? (§ 641.740) </HD>
                    <P>The Department will annually evaluate the performance of each grantee with respect to the levels achieved for each of the core indicators of performance in comparison to the levels of performance set by agreement (including any adjustments). As required by the statute, the Department's evaluation will be published, and information on each grantee's performance on the core indicators will be made available for public review. Information on the annual performance of each grantee with respect to the additional performance indicators will also be published and made available for public review. According to the statute, the Department will report the results of the Department's annual evaluation to Congress. </P>
                    <P>Sections 513(d)(2)(A) and 513(d)(3)(A) of the 2006 OAA Amendments require the Department to determine whether a grantee has met or failed to meet the agreed-upon levels of performance for the core indicators “not later than 120 days after the end of each program year.” In evaluating Program Year performance, and although we did receive comments urging various other approaches, the Department will continue to aggregate the core indicators to determine if, on the whole, a grantee met its performance objectives (including any adjustment made.) The aggregate is calculated by combining the percentage of goals achieved on each of the individual core indicators to obtain an average score. </P>
                    <P>
                        The Department received many comments concerning the evaluation of performance outcomes. Several commenters recommended staying with the methodology that is currently used, 
                        <E T="03">i.e.</E>
                        , requiring that grantees achieve at least 80 percent of the negotiated levels of performance for the aggregate of all the core indicators. Other commenters suggested that any grantee that meets or exceeds the negotiated (
                        <E T="03">i.e.</E>
                        , “expected”) levels of performance in the aggregate for a majority of the core indicators should be considered to have met the expected levels of performance. A small number of commenters suggested lowering the threshold for achievement of expected levels of performance in the aggregate for all core indicators to 65 percent. 
                    </P>
                    <P>The Department has decided to continue to determine that a grantee has failed to meet its performance measures when it is does not meet 80 percent of the agreed-upon level of performance for the aggregate of all the core indicators. Performance in the range of 80 to 100 percent constitutes meeting the level for the core performance measures. Performance in excess of 100 percent constitutes exceeding the level for the core performance measures. </P>
                    <P>The Department also received comments expressing concern about achieving the expected levels of performance given a service population distinguished by hard-to-serve characteristics. A small number of respondents recommended separate performance goals for separate population groups, one for those most-in-need and one for those not most-in-need. A few commenters suggested separate performance goals for priority populations and participants who did not have the priority characteristics. The Department chooses to continue the practice of setting unified expected levels of performance for the SCSEP population as a whole, rather than setting separate goals for separate populations. Performance goals currently covering all participants already account for those individuals with priority and/or most-in-need characteristics because performance goals are based in large part on each grantee's past performance, which includes the outcomes of the most-in-need and priority participants. These populations will continue to be accounted for in the same manner. </P>
                    <P>If the Department determines that a State or national grantee fails to meet the expected levels of performance for the core indicators, the Department, after each year of such failure, will provide technical assistance to the failing grantee and will require the failing grantee to submit a corrective action plan not later than 160 days after the end of the Program Year. The corrective action plan must detail the steps the grantee will take to meet the expected levels of performance in the next Program Year. </P>
                    <P>A national grantee that fails to meet the expected levels of performance for the core indicators for four consecutive years (beginning with Program Year 2007) will not be allowed to compete in the subsequent SCSEP grant competition following the fourth consecutive year of failure but may compete in the next grant competition after that subsequent competition. </P>
                    <P>
                        If the Department determines that a State grantee fails to meet the expected levels of performance for the core 
                        <PRTPAGE P="35842"/>
                        indicators for three consecutive years (beginning with Program Year 2007) the Department will require the State to compete the SCSEP funds awarded under section 506(e) of the OAA for the first full Program Year following the Department's determination. The grantee that is then awarded the SCSEP grant will administer the SCSEP in that State and will be subject to the same rules and responsibilities as the State grantee. We emphasize that the failure of a State grantee does not mean that the SCSEP would cease or lapse in a State; it merely means that a different entity would be chosen to administer the existing program. Indeed, the 2006 OAA Amendments require that grant applicants be evaluated, among other things, for their ability to minimize disruption in services for participants and in community services provided. Pub. L. 109-365 §§ 503(a)(6), 514(c)(9). 
                    </P>
                    <P>A few commenters suggested that the same criteria for sanctions be applied to State and national grantees. Congress decided to apply corrective actions to national grantees who fail to achieve the expected levels of performance for four consecutive years, while State grantees are subject to corrective action if they fail to achieve their performance goals for three consecutive years and the Department must implement the statute as written. </P>
                    <P>Finally, under the 2000 OAA Amendments, each national grantee in a State was required to meet the goals agreed upon for the State as well as that grantee's national performance goals. The 2006 OAA Amendments alter those requirements so that national grantees are now held accountable only for their national goals. </P>
                    <HD SOURCE="HD3">Will there be performance-related incentives? (§ 641.750) </HD>
                    <P>Section 517(c)(1) of the 2006 OAA Amendments authorizes the Department to re-obligate recaptured funds for incentive grants and section 502(e)(2)(B)(iv) authorizes the Department to award incentives for exemplary performance. Section 641.750 of these regulations addresses performance-based incentives for grantees. Such incentives may take the form of financial or non-financial awards. The Department will issue guidance setting out the procedures and standards that will be used to award the incentives. The Department will exercise this authority at its discretion. </P>
                    <HD SOURCE="HD2">Other Comments Received </HD>
                    <P>
                        The Department received a variety of comments that have not been mentioned above. A summary of the input received on each subject was posted on the SCSEP Web site at 
                        <E T="03">http://www.doleta.gov/seniors.</E>
                         Some comments received suggested actions that contradict the 2006 OAA Amendments that we are implementing; the Department does not have the authority to act in contradiction to the statute. Several other comments exceeded the scope of this Interim Final Rule by discussing policies in the 2006 OAA Amendments that are not directly related to performance measures. A forthcoming Notice of Proposed Rulemaking (NPRM) will address all non-performance measure changes to the SCSEP resulting from the 2006 OAA Amendments; the public will be invited to comment on the NPRM, and the Department will consider the out-of-scope comments submitted here when it considers the comments that are submitted in response to the NPRM. Other performance-related comments will be taken under advisement. 
                    </P>
                    <HD SOURCE="HD1">III. Administrative Information </HD>
                    <HD SOURCE="HD2">Regulatory Flexibility Analysis, Executive Order 13272, Small Business Regulatory Enforcement Fairness Act </HD>
                    <P>The Regulatory Flexibility Act (RFA), 5 U.S.C. Chapter 6, requires the Department to evaluate the economic impact of this rule with regard to small entities. The RFA defines small entities to include small businesses, small organizations including not-for-profit organizations, and small governmental jurisdictions. The Department must determine whether the rule imposes a significant economic impact on a substantial number of such small entities. </P>
                    <P>First, the Department has determined that this Interim Final Rule does not affect a substantial number of small entities. There are 74 SCSEP grantees; 50 of these are States and are not small entities as defined by the RFA. Six grantees are governmental jurisdictions other than States (four grantees are territories such as Guam, one grantee is Washington, DC, and another grantee is Puerto Rico). Governmental jurisdictions must have a population of less than 50,000 to qualify as a small entity for RFA purposes and the population of these six SCSEP grantees each exceeds 50,000. The remaining 18 grantees are non-profit organizations, which includes some large national non-profit organizations. Eighteen is simply not a substantial number; in fact, it is a minute number compared to the total number of non-profits in the country, which has been estimated to be over one million. </P>
                    <P>The Department has also determined that the economic impact of this Interim Final Rule is not significant because the additional burden imposed by the new performance measurement system will not impose any considerable costs on grantees. In addition, all costs are covered by the SCSEP program money provided to grantees. Two performance measures that had been statutorily required in the 2000 OAA Amendments are now being dropped: the indicator known as “SCSEP placement,” which determined that an unsubsidized placement had been accomplished if a participant worked 30 days within the first 90 days after program exit, and the retention indicator which examined whether the participant was still employed 180 days after program exit. Based on our program experience, we estimate that it takes approximately fifteen minutes for program staff to capture each of those indicators. Accordingly, grantees will see a cost savings equivalent to 30 minutes of program staff time per placement. </P>
                    <P>Conversely, two changes required by the 2006 OAA Amendments will necessitate additional expenditures by grantees. First, there are changes in the list of which characteristics qualify a participant as most-in-need that will require nominal staff time to implement, mostly at the beginning of the first Program Year under this Interim Final Rule as grantee staff adjust to the new list. We note that the most-in-need indicator itself is not new and so grantee staff are already used to the process of capturing information on a list of characteristics. Accordingly, and based on our program expertise, we estimate that grantee staff will spend an average of one minute per participant adjusting to the new list of characteristics. </P>
                    <P>
                        Second, the addition of the one-year retention measure represents the most time-consuming change in the set of performance measures. Implementing this indicator requires grantee staff to conduct an additional follow-up with an employer to determine whether the participant is still employed. Given the considerable length of time that will elapse between program exit and this follow-up, grantee staff may have to initiate several contacts with an employer before the information sought can be gathered. The Department acknowledges the several comments received on this point in response to the notice published in the 
                        <E T="04">Federal Register</E>
                        . Accordingly, although we estimate that earlier follow-up contacts may each be successfully accomplished in fifteen minutes, based on our program expertise, we allow that the one-year retention follow-up will take an average of thirty minutes per placed participant. 
                        <PRTPAGE P="35843"/>
                    </P>
                    <P>For each placement, then, we have estimated that grantees will see cost savings equivalent to thirty minutes of staff time and will be required to invest a new thirty minutes of staff time. These amounts cancel each other out. The effect of the changes to the most-in-need indicator end up being the net effect of the new performance measures: An additional amount equal to one minute of staff time per participant. </P>
                    <P>Applying our program expertise we estimate that program staff persons perform work roughly equivalent to that performed by a grade 12, step 1 Federal employee. The base pay hourly rate for such an employee is $26.53. Adding one-third additional funds for fringe benefits, the total hourly rate for this employee becomes $35.28. One minute of such a person's time would cost $0.59. The smallest SCSEP national grant award goes to two organizations that each have the capacity to serve 205 participants. Multiplying 205 times fifty-nine cents equals $120.95. The smallest SCSEP national grants are over $1.1 million. The expenditure of roughly $121 is not significant in terms of a budget of over $1.1 million. We further note that the capacity to serve participants is always related to the award amount, so national grantees with different (higher) grant awards would not spend any greater a percentage of their funds on the implementation of these performance measures even though they would serve more participants. </P>
                    <P>According to the above analysis, we therefore determine and certify that this Interim Final Rule does not impose a significant economic impact on a substantial number of small entities. The Department welcomes comments on this RFA certification. </P>
                    <P>We note that this analysis is also applicable under Executive Order 13272; for those purposes as well we certify that this Interim Final Rule does not impose a significant economic impact on a substantial number of small entities. </P>
                    <P>The Department has also determined that this rule is not a “major rule” for purposes of the Small Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. Chapter 8. SBREFA requires agencies to take certain actions when a “major rule” is promulgated. SBREFA defines a “major rule” as one that will have an annual effect on the economy of $100,000,000 or more; that will result in a major increase in costs or prices for, among other things, State or local government agencies; or that will significantly and adversely effect the business climate. For the reasons already discussed, the Department estimates that the only additional costs to grantees implementing these SCSEP regulations will be $0.59 per participant. Accordingly, none of the definitions of “major rule” apply in this instance. </P>
                    <HD SOURCE="HD2">Executive Order 12866 </HD>
                    <P>Executive Order 12866 requires that for each “significant regulatory action” proposed by the Department, the Department conduct an assessment of the proposed regulatory action and provide the Office of Management and Budget (OMB) with the proposed regulation and the requisite assessment prior to publishing the regulation. A significant regulatory action is defined to include an action that will have an annual effect on the economy of $100 million or more, as well as an action that raises a novel legal or policy issue. </P>
                    <P>The performance measures defined and implemented by this rule will not have an annual effect on the economy of $100 million or more, for the reasons outlined above, but do raise novel policy issues related to implementing the performance measures required by the 2006 OAA Amendments to the SCSEP. Accordingly, the OMB has reviewed this Interim Final Rule. </P>
                    <HD SOURCE="HD2">Paperwork Reduction Act </HD>
                    <P>
                        The purposes of the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 
                        <E T="03">et seq.</E>
                        , include minimizing the paperwork burden on effected entities. The PRA requires certain actions before an agency can adopt or revise the collection of information, including publishing a summary of the collection of information and a brief description of the need for and proposed use of the information. 
                    </P>
                    <P>The performance accountability system described in this Interim Final Rule requires grantees to continue to maintain electronic participant records that include the data needed for each performance indicator. Quarterly and annual reports on performance measures are generated using these electronic records. Grantees may use the SPARQ computer system developed by the Department for the SCSEP, or they may maintain their own computer database as long as they are able to electronically provide the necessary data for the quarterly and annual reports. These information gathering activities are required to implement the performance measurement system enacted in the 2006 OAA Amendments, and will promote program effectiveness by providing valuable data on program performance. </P>
                    <P>The forms used until now by grantees to maintain and report performance measures data were approved by the OMB and assigned OMB control number 1205-0040. Revised forms that account for the changes in the performance measures described in this Interim Final Rule have been submitted as required by the PRA as modifications to existing forms, using the same control number. </P>
                    <P>The Department estimates that the public reporting burden for this collection of information is an average of 8.4 minutes per response. Note that this estimate does not represent the total burden on grantees for all SCSEP paperwork, rather it is an estimate of the burden resulting just from the paperwork directly related to the performance measures. </P>
                    <P>The Department invites comments on its Paperwork Reduction Analysis. </P>
                    <HD SOURCE="HD2">Unfunded Mandates Reform Act </HD>
                    <P>For purposes of the Unfunded Mandates Reform Act of 1995, this rule does not include any Federal mandate that may result in increased expenditure by State, local, and tribal governments in the aggregate of more than $100 million, or increased expenditures by the private sector of more than $100 million. </P>
                    <HD SOURCE="HD2">Executive Order 13132 </HD>
                    <P>The Department has reviewed this rule in accordance with Executive Order 13132 regarding federalism and has determined that it does not have “federalism implications.” The rule does 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.” This interim rule defines and implements performance measures for the SCSEP, and while States are SCSEP grantees, this rule merely makes changes to data collection processes that are ongoing. Requiring State grantees to implement these changes does not constitute a “substantial direct effect” on the States, nor will it alter the relationship or responsibilities between the Federal and State governments. </P>
                    <HD SOURCE="HD2">Executive Order 13045 </HD>
                    <P>Executive Order 13045 concerns the protection of children from environmental health risks and safety risks. This rule defines and details the performance measures to be utilized by the SCSEP, a program for older Americans, and has no impact on safety or health risks to children. </P>
                    <HD SOURCE="HD2">Executive Order 13175 </HD>
                    <P>
                        Executive Order 13175 addresses the unique relationship between the Federal 
                        <PRTPAGE P="35844"/>
                        Government and Indian tribal governments. The order requires Federal agencies to take certain actions when regulations have “tribal implications.” Required actions include consulting with Tribal Governments prior to promulgating a regulation with tribal implications and preparing a tribal impact statement. The order defines regulations as having “tribal implications” when they have substantial direct effects 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. 
                    </P>
                    <P>The Department has reviewed this Interim Final Rule and concludes that it does not have tribal implications. While tribes are sub-grantees of national SCSEP grantees, this rule will not have a substantial direct effect on those tribes, because, as outlined in the Regulatory Flexibility section of the preamble, there are only small cost increases associated with implementing this regulation. This regulation does not affect the relationship between the Federal Government and the tribes, nor does it affect the distribution of power and responsibilities between the Federal Government and Tribal Governments. </P>
                    <P>The Department notes that it did receive a submission from the National Indian Council on Aging (NICOA). However, the NICOA's comments did not raise concerns about the relationship between the Federal Government and Indian tribes or the distribution of power and responsibilities between the Federal Government and Indian tribes. Instead, the NICOA thoroughly responded to the issues outlined in the notice. </P>
                    <P>Accordingly we conclude that this rule does not have tribal implications for the purposes of Executive Order 13175. </P>
                    <HD SOURCE="HD2">Environmental Impact Assessment </HD>
                    <P>
                        The Department has reviewed this rule in accordance with the requirements of the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 
                        <E T="03">et seq.</E>
                        ), the regulations of the Council on Environmental Quality (40 CFR part 1500), and the Department's NEPA procedures (29 CFR part 11). The rule will not have a significant impact on the quality of the human environment, and, thus, the Department has not prepared an environmental assessment or an environmental impact statement. 
                    </P>
                    <HD SOURCE="HD2">Assessment of Federal Regulations and Policies on Families </HD>
                    <P>Section 654 of the Treasury and General Government Appropriations Act, enacted as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999 (Pub. L. 105-277, 112 Stat. 2681), requires the Department to assess the impact of this rule on family well-being. A rule that is determined to have a negative affect on families must be supported with an adequate rationale. </P>
                    <P>The Department has assessed this rule and determines that it will not have a negative effect on families. Indeed, we believe the SCSEP strengthens families by providing job training and support services to low-income older Americans so that they can obtain fruitful employment and enjoy increased economic self-sufficiency. </P>
                    <HD SOURCE="HD2">Privacy Act </HD>
                    <P>The Privacy Act of 1974, 5 U.S.C. 552a, provides safeguards to individuals concerning their personal information which the Government collects. The Act requires certain actions by an agency that collects information on individuals when that information contains personally identifying information such as Social Security Numbers or names. Because SCSEP participant records are maintained by Social Security Number, the Act applies here. </P>
                    <P>A key concern is for the protection of participant Social Security Numbers. Grantees must collect the Social Security Number in order to properly pay participants for their community service work in host agencies. When participant files are sent to the Department for aggregation, the transmittal is protected by secure encryption. When participant files are retrieved within the Internet-based SCSEP data management system, or SPARQ, only the last four digits of the Social Security Number are displayed. Any information that is shared or made public is aggregated by grantee and does not reveal personal information on specific individuals. </P>
                    <P>The Department works diligently to ensure the highest level of security whenever personally identifiable information is stored or transmitted. All contractors that have access to individually identifying information are required to provide assurances that they will respect and protect the confidentiality of the data. ETA's Office of Performance and Technology has been an active participant in the development and approval of data security measures—especially as they apply to SPARQ. </P>
                    <P>In addition to the above, a Privacy Act Statement is provided to grantees for distribution to all program participants. The grantees were advised of the requirement in ETA's Older Worker Bulletin OWB-04-06. Participants receive this information when they meet with a case worker or intake counselor. When the programs are monitored, implementation of this item is included in the review. </P>
                    <HD SOURCE="HD2">Executive Order 12630 </HD>
                    <P>This rule is not subject to Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, because it does not involve implementation of a policy with takings implications. </P>
                    <HD SOURCE="HD2">Executive Order 12988 </HD>
                    <P>This regulation has been drafted and reviewed in accordance with Executive Order 12988, Civil Justice Reform, and will not unduly burden the Federal court system. The regulation has been written so as to minimize litigation and provide a clear legal standard for affected conduct, and has been reviewed carefully to eliminate drafting errors and ambiguities. </P>
                    <HD SOURCE="HD2">Executive Order 13211 </HD>
                    <P>This rule is not subject to Executive Order 13211, because it will not have a significant adverse effect on the supply, distribution, or use of energy. </P>
                    <HD SOURCE="HD2">Plain Language </HD>
                    <P>The Department drafted this Interim Final Rule in plain language. </P>
                    <HD SOURCE="HD2">Effective Date and Absence of Notice and Comment </HD>
                    <P>The Department has, for good cause, determined, in accordance with 5 U.S.C. 553(b)(3)(B), that in order to meet the 2006 OAA Amendments' requirements for implementation of the SCSEP performance accountability system it is impracticable and contrary to the public interest to promulgate these regulations through the normal notice and comment rulemaking process. In addition, for similar reasons, good cause exists for this rule to take effect immediately upon publication pursuant to 5 U.S.C. 553(d)(3). </P>
                    <P>
                        The 2006 OAA Amendments call for several specific changes to the existing performance accountability system, and require that DOL establish and implement the new SCSEP performance measures after consultation with stakeholders by July 1, 2007. Specifically, section 513(a)(1) states that “The Secretary shall establish and implement, after consultation with grantees, subgrantees and host agencies 
                        <PRTPAGE P="35845"/>
                        under this title, States, older individuals, area agencies on aging and other organizations serving older individuals, core measures of performance and additional indicators of performance for each grantee for projects and services carried out under this title.” Section 513(d)(4) calls for the Department to establish and implement the core measures and additional indicators of performance identified in the 2006 Amendments “not later than July 1, 2007.” Further, section 513(a)(2)(C) requires that “The Secretary and each grantee shall reach agreement on the expected levels of performance for each program year for each of the core indicators of performance * * *. Funds may not be awarded under the grant until such agreement is reached.” Finally, section 513(b)(3) states that “(t)he Secretary, after consultation with national and State grantees, representatives of business and labor organizations, and providers of services, shall, by regulation, issue definitions of the indicators of performance” described in OAA-2006. 
                    </P>
                    <P>The tasks required to implement the performance accountability section are interconnected and the consequences of failing to achieve them by July 1 are contrary to the public interest. Without regulatory definitions, the Department will likely be unable to reach agreement with grantees on expected levels of performance. Without such agreements, grants may not be awarded. Failure to award grants on time may result in a gap in service during which needy seniors go without the assistance authorized by the Act. </P>
                    <P>
                        The Department has worked diligently to develop a strategy and achieve the tasks necessary to implement the performance accountability system by the July 1 deadline. For example, we have implemented an interagency group to oversee the strategy for implementation; consulted with stakeholders through a 
                        <E T="04">Federal Register</E>
                         notice seeking public input on the matters covered by this rule; and we published a Training and Employment Guidance Letter to inform grantees of the anticipated changes to the performance measures. The establishment of the regulatory definitions in this Interim Final Rule is critical to this strategy. In order to carry out this multi-pronged approach, it is not possible to develop and publish a Notice of Proposed Rulemaking followed by a Final Rule in the short period of time available. Therefore, in order to assure that the system is implemented by July 1 and to avoid harmful gaps in service, it is necessary and in the public interest to implement the regulations through an Interim Final Rule. We are committed to public input in the development of SCSEP regulations, including this Interim Final Rule. We provided an opportunity for input into the development of this regulation; we request and are committed to considering comments on this rule; and we will be implementing the remaining regulations to the SCSEP program through Notice and Comment Rulemaking. 
                    </P>
                    <LSTSUB>
                        <HD SOURCE="HED">List of Subjects in 20 CFR Part 641 </HD>
                        <P>Aged, Employment, Government contracts, Grant programs—labor, Reporting and recordkeeping requirements.</P>
                    </LSTSUB>
                    <REGTEXT TITLE="20" PART="641">
                        <AMDPAR>For the reasons discussed in the preamble, the Department of Labor amends 20 CFR part 641 as follows: </AMDPAR>
                        <PART>
                            <HD SOURCE="HED">PART 641—PROVISIONS GOVERNING THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM </HD>
                        </PART>
                        <AMDPAR>1. The authority citation for part 641 continues to read as follows: </AMDPAR>
                        <AUTH>
                            <HD SOURCE="HED">Authority:</HD>
                            <P>
                                42 U.S.C. 3056 
                                <E T="03">et seq.</E>
                            </P>
                        </AUTH>
                    </REGTEXT>
                    <REGTEXT TITLE="20" PART="641">
                        <AMDPAR>2. Amend § 641.140 to: </AMDPAR>
                        <AMDPAR>a. Add in alphabetical order the definitions of “additional indicators,” “at risk for homelessness,” “community service employment,” “core indicators,” “frail,” “homeless,” “limited English proficiency,” “low employment prospects,” “low literacy skills,” “most-in-need,” “persistent unemployment,” “rural,” “severe disability,” “severely limited employment prospects,” and “veteran” as set forth below; </AMDPAR>
                        <AMDPAR>b. Revise the definitions of “disability” and “national grantee;” to read as set forth below. </AMDPAR>
                        <SECTION>
                            <SECTNO>§ 641.140 </SECTNO>
                            <SUBJECT>What definitions apply to this part? </SUBJECT>
                            <STARS/>
                            <P>
                                <E T="03">Additional indicators</E>
                                 mean retention in unsubsidized employment for one year; and satisfaction of participants, employers and their host agencies with their experiences and the services provided and any other indicators of performance that the Secretary determines to be appropriate to evaluate services and performance. (§ 513(b)(2) as amended by Pub. L. 109-365). 
                            </P>
                            <P>
                                <E T="03">At risk for homelessness</E>
                                 means an individual is likely to become homeless and the individual lacks the resources and support networks needed to obtain housing. 
                            </P>
                            <STARS/>
                            <P>
                                <E T="03">Community service employment</E>
                                 means part-time, temporary employment paid with grant funds in projects in host agencies through which eligible individuals are engaged in community service and receive work experience and job skills that can lead to unsubsidized employment. (§ 518(a)(2) as amended by Pub. L. 109-365). 
                            </P>
                            <P>
                                <E T="03">Core indicators</E>
                                 means hours (in the aggregate) of community service employment; entry into unsubsidized employment; retention in unsubsidized employment for six months; earnings; the number of eligible individuals served; and most-in-need (the number of individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518 of the OAA). (§ 513(b)(1) as amended by Pub. L. 109-365). 
                            </P>
                            <STARS/>
                            <P>
                                <E T="03">Disability</E>
                                 means a disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that results in substantial functional limitations in one or more of the following areas of major life activity: 
                            </P>
                            <P>(1) Self-care; </P>
                            <P>(2) Receptive and expressive language; </P>
                            <P>(3) Learning; </P>
                            <P>(4) Mobility; </P>
                            <P>(5) Self-direction; </P>
                            <P>(6) Capacity for independent living; </P>
                            <P>(7) Economic self-sufficiency; </P>
                            <P>(8) Cognitive functioning; and </P>
                            <P>(9) Emotional adjustment. </P>
                            <EXTRACT>
                                <FP>(42 U.S.C. 3002(13)).</FP>
                            </EXTRACT>
                            <STARS/>
                            <P>
                                <E T="03">Frail</E>
                                 means an individual 55 years of age or older who is determined to be functionally impaired because the individual—
                            </P>
                            <P>(1)(i) Is unable to perform at least two activities of daily living without substantial human assistance, including verbal reminding, physical cueing, or supervision; or </P>
                            <P>(ii) At the option of the State, is unable to perform at least three such activities without such assistance; or </P>
                            <P>(2) Due to a cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to another individual. </P>
                            <EXTRACT>
                                <FP>(42 U.S.C. 3002(22)).</FP>
                            </EXTRACT>
                            <STARS/>
                            <P>
                                <E T="03">Homeless</E>
                                 includes 
                            </P>
                            <P>(1) An individual who lacks a fixed, regular, and adequate nighttime residence; and </P>
                            <P>(2) An individual who has a primary nighttime residence that is: </P>
                            <P>
                                (i) A supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate 
                                <PRTPAGE P="35846"/>
                                shelters, and transitional housing for the mentally ill); 
                            </P>
                            <P>(ii) An institution that provides a temporary residence for individuals intended to be institutionalized; or </P>
                            <P>(iii) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodations for human beings. </P>
                            <EXTRACT>
                                <FP>(42 U.S.C. 11302(a)).</FP>
                            </EXTRACT>
                            <STARS/>
                            <P>
                                <E T="03">Limited English proficiency</E>
                                 means individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English. 
                            </P>
                            <STARS/>
                            <P>
                                <E T="03">Low employment prospects</E>
                                 means the likelihood that an individual will not obtain employment without the assistance of the SCSEP or another workforce development program. Persons with low employment prospects have a significant barrier to employment. Significant barriers to employment may include but are not limited to: Lacking a substantial employment history, basic skills, and/or English-language proficiency; lacking a high school diploma or the equivalent; having a disability; being homeless; or residing in socially and economically isolated rural or urban areas where employment opportunities are limited. 
                            </P>
                            <P>
                                <E T="03">Low literacy skills</E>
                                 means the individual computes or solves problems, reads, writes, or speaks at or below the 8th grade level or is unable to compute or solve problems, read, write, or speak at a level necessary to function on the job, in the individual's family, or in society. 
                            </P>
                            <P>
                                <E T="03">Most-in-need</E>
                                 means participants with one or more of the following characteristics: Have a severe disability; are frail; are age 75 or older; are age-eligible but not receiving benefits under title II of the Social Security Act; reside in an area with persistent unemployment and have severely limited employment prospects; have limited English proficiency; have low literacy skills; have a disability; reside in a rural area; are veterans; have low employment prospects; have failed to find employment after utilizing services provided under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 
                                <E T="03">et seq.</E>
                                ); or are homeless or at risk for homelessness. (Older Americans Act (OAA) section 513(b)(1)(E) as amended by Pub. L. 109-365). 
                            </P>
                            <P>
                                <E T="03">National grantee</E>
                                 means a public or non-profit private agency or organization, or Tribal organization, that receives a grant under title V of the OAA (42 U.S.C. 3056 
                                <E T="03">et seq.</E>
                                ) to administer a SCSEP project. (
                                <E T="03">See</E>
                                 OAA section 506(g)(5) as amended by Pub. L. 109-365). 
                            </P>
                            <STARS/>
                            <P>
                                <E T="03">Persistent unemployment</E>
                                 means that the annual average unemployment rate for a county or city is more than 20 percent higher than the national average for two out of the last three years. 
                            </P>
                            <STARS/>
                            <P>
                                <E T="03">Rural</E>
                                 means an area not designated as a metropolitan statistical area by the Census Bureau; segments within metropolitan counties identified by codes 4 through 10 in the Rural Urban Commuting Area (RUCA) system; and RUCA codes 2 and 3 for census tracts that are larger than 400 square miles and have population density of less than 30 people per square mile. 
                            </P>
                            <STARS/>
                            <P>
                                <E T="03">Severe disability</E>
                                 means a severe, chronic disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that—
                            </P>
                            <P>(1) Is likely to continue indefinitely; and </P>
                            <P>(2) Results in substantial functional limitation in 3 or more of the following areas of major life activity: </P>
                            <P>(i) Self-care; </P>
                            <P>(ii) Receptive and expressive language; </P>
                            <P>(iii) Learning; </P>
                            <P>(iv) Mobility; </P>
                            <P>(v) Self-direction; </P>
                            <P>(vi) Capacity for independent living; </P>
                            <P>(vii) Economic self-sufficiency. </P>
                            <EXTRACT>
                                <FP>(42 U.S.C. 3002(48)). </FP>
                            </EXTRACT>
                            <P>
                                <E T="03">Severely limited employment prospects</E>
                                 means a substantially higher likelihood that an individual will not obtain employment without the assistance of the SCSEP or another workforce development program. Persons with severely limited employment prospects have more than one significant barrier to employment; significant barriers to employment may include but are not limited to: Lacking a substantial employment history, basic skills, and/or English-language proficiency; lacking a high school diploma or the equivalent; having a disability; being homeless; or residing in socially and economically isolated rural or urban areas where employment opportunities are limited. 
                            </P>
                            <STARS/>
                            <P>
                                <E T="03">Veteran</E>
                                 means an individual who is a “covered person” for purposes of the Jobs for Veterans Act, 38 U.S.C. 4215(a)(1). 
                            </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <REGTEXT TITLE="20" PART="641">
                        <AMDPAR>3. Revise Subpart G to read as follows: </AMDPAR>
                        <SUBPART>
                            <HD SOURCE="HED">Subpart G—Performance Accountability </HD>
                        </SUBPART>
                        <CONTENTS>
                            <SECHD>Sec. </SECHD>
                            <SECTNO>641.700 </SECTNO>
                            <SUBJECT>What performance measures/indicators apply to SCSEP grantees? </SUBJECT>
                            <SECTNO>641.710 </SECTNO>
                            <SUBJECT>How are the performance indicators defined? </SUBJECT>
                            <SECTNO>641.720 </SECTNO>
                            <SUBJECT>How will the Department and grantees initially determine and then adjust expected levels of performance for the core performance measures? </SUBJECT>
                            <SECTNO>641.730 </SECTNO>
                            <SUBJECT>How will the Department assist grantees in the transition to the new core performance indicators? </SUBJECT>
                            <SECTNO>641.740 </SECTNO>
                            <SUBJECT>How will the Department determine whether a grantee fails, meets, or exceeds the expected levels of performance for the core indicators and what will be the consequences of failing to meet expected levels of performance? </SUBJECT>
                            <SECTNO>641.750 </SECTNO>
                            <SUBJECT>Will there be performance-related incentives? </SUBJECT>
                        </CONTENTS>
                        <SECTION>
                            <SECTNO>§ 641.700 </SECTNO>
                            <SUBJECT>What performance measures/indicators apply to SCSEP grantees? </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">Indicators of performance.</E>
                                 There are currently eight performance measures, of which six are core indicators and two are additional indicators. Core indicators (defined in § 641.710) are subject to goal-setting and corrective action (described in § 641.720); that is, performance level goals for each core indicator must be agreed upon between the Department and each grantee before the start of each program year, and if a grantee fails to meet the performance level goals for the core indicators, that grantee is subject to corrective action. Additional indicators (defined in § 641.710) are not subject to goal-setting and are, therefore, also not subject to corrective action. 
                            </P>
                            <P>
                                (b) 
                                <E T="03">Core Indicators.</E>
                                 Section 513(b)(1) as amended by Pub. L. 109-365 establishes the following core indicators of performance: 
                            </P>
                            <P>(1) Hours (in the aggregate) of community service employment; </P>
                            <P>(2) Entry into unsubsidized employment; </P>
                            <P>(3) Retention in unsubsidized employment for six months; </P>
                            <P>(4) Earnings; </P>
                            <P>(5) The number of eligible individuals served; and </P>
                            <P>(6) The number of most-in-need individuals served (the number of participating individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518). </P>
                            <P>
                                (c) 
                                <E T="03">Additional Indicators.</E>
                                 Section 513(b)(2) as amended by Pub. L. 109-365 establishes the following additional indicators of performance: 
                            </P>
                            <P>(1) Retention in unsubsidized employment for one year; and </P>
                            <P>
                                (2) Satisfaction of the participants, employers, and their host agencies with their experiences and the services provided. 
                                <PRTPAGE P="35847"/>
                            </P>
                            <P>(3) Any other indicators of performance that the Secretary determines to be appropriate to evaluate services and performance. </P>
                            <P>
                                (d) 
                                <E T="03">Affected entities.</E>
                                 The core indicators of performance and additional indicators of performance are applicable to each grantee without regard to whether such grantee operates the program directly or through sub-contracts, sub-grants, or agreements with other entities. Grantees must assure that their sub-grantees and lower-tier sub-grantees are collecting and reporting program data. 
                            </P>
                            <P>
                                (e) 
                                <E T="03">Required evaluation and reporting.</E>
                                 An agreement to be evaluated on the core indicators of performance and to report information on the additional indicators of performance is a requirement for application for, and is a condition of, all SCSEP grants. 
                            </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 641.710 </SECTNO>
                            <SUBJECT>How are the performance indicators defined? </SUBJECT>
                            <P>(a) The core indicators are defined as follows: </P>
                            <P>(1) “Hours of community service employment” is defined as the total number of hours of community service provided by SCSEP participants divided by the number of hours of community service funded by the grantee's grant, after adjusting for differences in minimum wage among the States and areas. Paid training hours are excluded from this measure. </P>
                            <P>(2) “Entry into unsubsidized employment” is defined by the formula: Of those who are not employed at the date of participation: The number of participants who are employed in the first quarter after the exit quarter divided by the number of adult participants who exit during the quarter. </P>
                            <P>
                                (3) “Retention in unsubsidized employment for six months” is defined by the formula: Of those who are employed in the first quarter after the exit quarter: The number of adult participants who are employed in both the second and third quarters after the exit quarter 
                                <E T="03">divided</E>
                                 by the number of adult participants who exit during the quarter. 
                            </P>
                            <P>(4) “Earnings” is defined by the formula: Of those participants who are employed in the first, second and third quarters after the exit quarter: Total earnings in the second quarter plus total earnings in the third quarter after the exit quarter divided by the number of participants who exit during the quarter. </P>
                            <P>(5) “The number of eligible individuals served” is defined as the total number of participants served divided by a grantee's authorized number of positions, after adjusting for differences in minimum wage among the States and areas. </P>
                            <P>(6) “Most-in-need” or “the number of participating individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518” is defined by counting the total number of the following characteristics for all participants and dividing by the number of participants served. Participants are characterized as most-in-need if they: </P>
                            <P>(i) Have a severe disability; </P>
                            <P>(ii) Are frail; </P>
                            <P>(iii) Are age 75 or older; </P>
                            <P>
                                (iv) Meet the eligibility requirements related to age for, but do not receive, benefits under Title II of the Social Security Act (42 U.S.C. 401 
                                <E T="03">et seq.</E>
                                ); 
                            </P>
                            <P>(v) Live in an area with persistent unemployment and are individuals with severely limited employment prospects; </P>
                            <P>(vi) Have limited English proficiency; </P>
                            <P>(vii) Have low literacy skills; </P>
                            <P>(viii) Have a disability; </P>
                            <P>(ix) Reside in a rural area; </P>
                            <P>(x) Are veterans; </P>
                            <P>(xi) Have low employment prospects; </P>
                            <P>
                                (xii) Have failed to find employment after utilizing services provided under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 
                                <E T="03">et seq.</E>
                                ); or 
                            </P>
                            <P>(xiii) Are homeless or at risk for homelessness. </P>
                            <P>(b) The additional indicators are defined as follows: </P>
                            <P>(1) “Retention in unsubsidized employment for 1 year” is defined by the formula: of those who are employed in the first quarter after the exit quarter: The number of participants who are employed in the fourth quarter after the exit quarter divided by the number of participants who exit during the quarter. </P>
                            <P>(2) “Satisfaction of the participants, employers, and their host agencies with their experiences and the services provided” is defined as the results of customer satisfaction surveys administered to each of these three customer groups. The Department will prescribe the content of the surveys. </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 641.720 </SECTNO>
                            <SUBJECT>How will the Department and grantees initially determine and then adjust expected levels of performance for the core performance measures? </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">Initial agreement.</E>
                                 Before the beginning of each Program Year, the Department and each grantee will undertake to agree upon expected levels of performance for each core indicator, except as provided in paragraph (b) of § 641.730. 
                            </P>
                            <P>(1) As a first step in this process, the Department proposes a baseline performance level for each core indicator, taking into account any statutory performance requirements, the need to promote continuous improvement in the program overall and in each grantee, the grantee's past performance, and the statutory adjustment factors articulated in paragraph (b) of this section. </P>
                            <P>(2) A grantee may request a revision to the Department's initial performance level goal determination. The request must be based on data that supports the revision request. The data supplied by the grantee at this stage may concern the statutory adjustment factors articulated in paragraph (b) of this section, but is not limited to those factors; it is permissible for a grantee to supply data on “other appropriate factors as determined by the Secretary.” Section 513(a)(2)(C) as amended by Pub. L. 109-365. </P>
                            <P>(3) The Department may revise the performance level goal in response to the data provided. The Department then sets the expected levels of performance for the core indicators. Grantee may agree to the expected level of performance and thereby receive the grant. At this point, agreement is reached by the parties and funds may be awarded. If a grantee does not agree with the offered expected level of performance, agreement is not reached and no funds may be awarded. A grantee may submit comments to the Department regarding the grantee's satisfaction with the expected levels of performance. </P>
                            <P>(4) Funds may not be awarded under the grant until such agreement is reached. </P>
                            <P>(5) At the conclusion of negotiations concerning the performance levels with all grantees, the Department will make available for public review the final negotiated expected levels of performance for each grantee, including any comments submitted by the grantee regarding the grantee's satisfaction with the negotiated levels. </P>
                            <P>(6) The minimum percentage for the expected level of performance for the entry into unsubsidized employment core indicator is: </P>
                            <P>(i) 21 percent for Program Year 2007; </P>
                            <P>(ii) 22 percent for Program Year 2008; </P>
                            <P>(iii) 23 percent for Program Year 2009; </P>
                            <P>(iv) 24 percent for Program Year 2010; and </P>
                            <P>(v) 25 percent for Program Year 2011. </P>
                            <P>
                                (b) 
                                <E T="03">Adjustment during the Program Year.</E>
                                 After the Department and grantees reach agreement on the core indicator levels, those levels may only be revised in response to a request from a grantee based on data supporting one or more of the following statutory adjustment factors: 
                            </P>
                            <P>
                                (1) High rates of unemployment or of poverty or of participation in the program of block grants to States for 
                                <PRTPAGE P="35848"/>
                                temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 
                                <E T="03">et seq.</E>
                                ), in the areas served by a grantee, relative to other areas of the State involved or Nation. 
                            </P>
                            <P>(2) Significant downturns in the areas served by the grantee or in the national economy. </P>
                            <P>(3) Significant numbers or proportions of participants with one or more barriers to employment, including individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518 as amended by Pub. L. 109-365 (most-in-need), served by a grantee relative to such numbers or proportions for grantees serving other areas of the State or Nation. </P>
                            <P>(4) Changes in Federal, State, or local minimum wage requirements. </P>
                            <P>(5) Limited economies of scale for the provision of community service employment and other authorized activities in the areas served by the grantee. </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 641.730 </SECTNO>
                            <SUBJECT>How will the Department assist grantees in the transition to the new core performance indicators? </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">General transition provision.</E>
                                 As soon as practicable after July 1, 2007, the Department will determine if an SCSEP grantee has, for Program Year 2006, met the expected levels of performance for the Program Year 2007. If the Department determines that the grantee failed to meet Program Year 2007 goals in Program Year 2006, the Department will provide technical assistance to help the grantee meet those expected levels of performance in Program Year 2007. 
                            </P>
                            <P>
                                (b) 
                                <E T="03">Exception for most-in-need for Program Year 2007.</E>
                                 Because the 2006 OAA Amendments expanded the list of most-in-need characteristics neither the Department nor the grantees have sufficient data to set a goal for measuring performance. Accordingly, Program Year 2007 will be treated as a baseline year for the most-in-need indicator so that the grantees and the Department may collect sufficient data to set a meaningful goal for this measure for Program Year 2008. 
                            </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 641.740 </SECTNO>
                            <SUBJECT>How will the Department determine whether a grantee fails, meets, or exceeds the expected levels of performance for the core indicators and what will be the consequences of failing to meet expected levels of performance? </SUBJECT>
                            <P>
                                (a) 
                                <E T="03">Aggregate Calculation of Performance.</E>
                                 Not later than 120 days after the end of each Program Year, the Department will determine if a national grantee has met the expected levels of performance (including any adjustments to such levels) by aggregating the grantee's core indicators. The aggregate is calculated by combining the percentage of goal achieved on each of the individual core indicators to obtain an average score. A grantee will fail to meet its performance measures when it is does not meet 80 percent of the agreed-upon level of performance for the aggregate of all the core indicators. Performance in the range of 80 to 100 percent constitutes meeting the level for the core performance measures. Performance in excess of 100 percent constitutes exceeding the level for the core performance measures. 
                            </P>
                            <P>
                                (b) 
                                <E T="03">Consequences</E>
                                —(1) 
                                <E T="03">National grantees.</E>
                                 (i) If the Department determines that a national grantee fails to meet the expected levels of performance in a Program Year, the Department, after each year of such failure, will provide technical assistance and will require such grantee to submit a corrective action plan not later than 160 days after the end of the Program Year. 
                            </P>
                            <P>(ii) The corrective action plan must detail the steps the grantee will take to meet the expected levels of performance in the next Program Year. </P>
                            <P>(iii) Any national grantee that has failed to meet the expected levels of performance for 4 consecutive years (beginning with Program Year 2007) will not be allowed to compete in the subsequent grant competition, but may compete in the next grant competition after that subsequent competition. </P>
                            <P>
                                (2) 
                                <E T="03">State Grantees.</E>
                                 (i) If the Department determines that a State fails to meet the expected levels of performance, the Department, after each year of such failure, will provide technical assistance and will require the State to submit a corrective action plan not later than 160 days after the end of the Program Year. 
                            </P>
                            <P>(ii) The corrective action plan must detail the steps the State will take to meet the expected levels of performance in the next Program Year. </P>
                            <P>(iii) If the Department determines that the State fails to meet the expected levels of performance for 3 consecutive Program Years (beginning with Program Year 2007), the Department will require the State to conduct a competition to award the funds allotted to the State under section 506(e) of the OAA for the first full Program Year following the Department's determination. The new grantee will be responsible for administering the SCSEP in the State and will be subject to the same requirements and responsibilities as had been the State grantee. </P>
                            <P>
                                (c) 
                                <E T="03">Evaluation.</E>
                                 The Department will annually evaluate, publish and make available for public review, information on the actual performance of each grantee with respect to the levels achieved for each of the core indicators of performance, compared to the expected levels of performance, and the actual performance of each grantee with respect to the levels achieved for each of the additional indicators of performance. The results of the Department's annual evaluation will be reported to Congress. 
                            </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 641.750 </SECTNO>
                            <SUBJECT>Will there be performance-related incentives? </SUBJECT>
                            <P>The Department is authorized by sections 502(e)(2)(B)(iv) and 517(c)(1) as amended by Pub. L. 109-365 to use recaptured SCSEP funds to provide incentive awards. The Department will exercise this authority at its discretion. </P>
                        </SECTION>
                    </REGTEXT>
                    <SIG>
                        <DATED>Signed at Washington, DC, this 25th day of June, 2007. </DATED>
                        <NAME>Emily Stover DeRocco, </NAME>
                        <TITLE>Assistant Secretary for Employment and Training.</TITLE>
                    </SIG>
                </SUPLINF>
                <FRDOC> [FR Doc. E7-12541 Filed 6-28-07; 8:45 am] </FRDOC>
                <BILCOD>BILLING CODE 4510-FN-P </BILCOD>
            </RULE>
        </RULES>
    </NEWPART>
    <VOL>72</VOL>
    <NO>125</NO>
    <DATE>Friday, June 29, 2007</DATE>
    <UNITNAME>Notices</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="35849"/>
            <PARTNO>Part IV</PARTNO>
            <AGENCY TYPE="P">Department of Housing and Urban Development</AGENCY>
            <TITLE>HOPE VI Main Street Grants; Notice</TITLE>
        </PTITLE>
        <NOTICES>
            <NOTICE>
                <PREAMB>
                    <PRTPAGE P="35850"/>
                    <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT </AGENCY>
                    <DEPDOC>[Docket No. FR-5139-N-01] </DEPDOC>
                    <SUBJECT>HOPE VI Main Street Grants </SUBJECT>
                    <AGY>
                        <HD SOURCE="HED">AGENCY:</HD>
                        <P>Office of the Assistant Secretary for Public and Indian Housing, HUD. </P>
                    </AGY>
                    <ACT>
                        <HD SOURCE="HED">ACTION:</HD>
                        <P>Notice of funding availability.</P>
                    </ACT>
                    <HD SOURCE="HD1">Overview Information </HD>
                    <P>
                        A. 
                        <E T="03">Federal Agency Name.</E>
                         Department of Housing and Urban Development, Office of Public and Indian Housing. 
                    </P>
                    <P>
                        B. 
                        <E T="03">Funding Opportunity Title.</E>
                         HOPE VI Main Street Grants. 
                    </P>
                    <P>
                        C. 
                        <E T="03">Announcement Type.</E>
                         Initial announcement. 
                    </P>
                    <P>
                        D. 
                        <E T="03">Funding Opportunity Number.</E>
                         FR-5139-N-01; OMB approval number is 2577-0208. 
                    </P>
                    <P>
                        E. 
                        <E T="03">Catalog of Federal Domestic Assistance (CFDA) Number.</E>
                         The CFDA number for this NOFA is 14.878, “Affordable Housing Development in Main Street Rejuvenation Projects.” 
                    </P>
                    <P>
                        F. 
                        <E T="03">Dates.</E>
                    </P>
                    <P>
                        1. 
                        <E T="03">Application Submission Date.</E>
                         The application deadline date is August 29, 2007. Applications must be received and validated by Grants.gov no later than 11:59:59 p.m. on the application deadline date. Validation by Grants.gov may occur up to 72 hours after electronic receipt of the application. See the General Section for application submission and timely receipt requirements. 
                    </P>
                    <P>
                        2. 
                        <E T="03">Estimated Grant Award Date.</E>
                         The estimated award date will be September 24, 2007. 
                    </P>
                    <P>
                        G. 
                        <E T="03">Electronic Application Submission.</E>
                         Applications for this NOFA must be submitted electronically through 
                        <E T="03">http://www.grants.gov/applicants/apply_for_grants.jsp.</E>
                         Registration or required annual re-registration to submit an application electronically may take more than a week because of the following: (1) The applicant's requirement to register with the Central Contractor Registration (CCR), (2) the cross-checking of applicant identification numbers between CCR and the Internal Revenue Service (IRS), (3) applicant registration with the Grants.gov Web site, and (4) the applicant's requirement to register the official who will be submitting the application. HUD's Early Registration Notice can be obtained through HUD's Web site at 
                        <E T="03">http://www.hud.gov/grants/.</E>
                    </P>
                    <P>See “Other Submission Requirements” in Section IV.F of this NOFA and the General Section for detailed information about application submission. </P>
                    <HD SOURCE="HD1">Full Text of Announcement </HD>
                    <HD SOURCE="HD2">I. Funding Opportunity Description </HD>
                    <P>
                        A. 
                        <E T="03">Available Funds.</E>
                         This NOFA announces the availability of approximately $1.4 million in Fiscal Year (FY) 2006 funds and $1.1 million in FY 2007 funds, an approximate total funds availability of $2.5 million. 
                    </P>
                    <P>
                        B. 
                        <E T="03">Purpose of the Program.</E>
                         The purpose of the HOPE VI Main Street program is to provide grants to small communities to assist in the rejuvenation of an historic or traditional central business district or “Main Street” area by replacing unused commercial space in buildings with affordable housing units. 
                    </P>
                    <P>1. The objectives of the program are to: </P>
                    <P>a. Redevelop Main Street areas; </P>
                    <P>b. Preserve historic or traditional architecture or design features in Main Street areas; </P>
                    <P>c. Enhance economic development efforts in Main Street areas; and</P>
                    <P>d. Provide affordable housing in Main Street areas. </P>
                    <P>
                        C. 
                        <E T="03">Statutory Authority.</E>
                    </P>
                    <P>1. The program authority for the HOPE VI Main Street program is Section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v), as amended by Section 535 of the Quality Housing and Work Responsibility Act of 1998 (Pub. L. 105-276, 112 Stat. 2461, approved October 21, 1998), as amended; the HOPE VI Program Reauthorization and Small Community Mainstreet Rejuvenation and Housing Act of 2003 (Pub. L. 108-186, 117 Stat. 2685, approved December 16, 2003); and the Revised Continuing Appropriations Resolution, 2007 (Pub. L. 110-5, approved February 15, 2007). </P>
                    <P>2. The funding authority for the HOPE VI Main Street program is provided by the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Pub. L. 109-115, approved November 30, 2005), under Revitalization of Severely Distressed Public Housing (HOPE VI) and the Revised Continuing Appropriations Resolution, 2007 (Pub. L. 110-5, approved February 15, 2007). </P>
                    <P>3. The HOPE VI Program Reauthorization and Small Community Mainstreet Rejuvenation and Housing Act of 2003 states that, of the amount appropriated for the overall HOPE VI program for any fiscal year, the Secretary shall provide up to 5 percent for use only for the Main Street initiative. The statute amended Section 24(n) of the Act, which now provides for grants to smaller communities, to provide assistance to carry out eligible affordable housing activities. </P>
                    <P>
                        D. 
                        <E T="03">Definition of Terms.</E>
                    </P>
                    <P>1. Affordable housing for this NOFA means rental or homeownership dwelling units that, for INITIAL occupants: </P>
                    <P>a. Are made available to low-income families, with a subset of units made available to very low-income families; and </P>
                    <P>b. Provide the same rules regarding occupant contribution toward rent or purchase, and basic terms of rental or purchase, as are provided to occupants of public housing units in a HOPE VI development. Rights and responsibilities vary among HOPE VI developments. HOPE VI public housing units use various mechanisms to set the resident portion of rent, resident job training or employment requirements, resident rights of return, and other occupancy issues. The Grantee, with HUD's approval, determines how to implement these initial resident safeguards. Strict application of public housing rules and regulations is not required; e.g., the use of HUD forms and record-keeping requirements for occupancy and income. Units developed, rehabilitated or reconfigured through this NOFA are NOT and statutorily MUST NOT BE public housing units. </P>
                    <P>2. Applicant Team (“Team”) means the group of entities that will develop the Main Street affordable housing project (“project”). The Team includes the unit of local government that submits the application and, where applicable, the procured developer, the procured property manager, architects (including architects who are knowledgeable about universal design and Section 504 accessible design requirements), construction contractors, attorneys, investment partners that comprise an owner entity, and other parties that may be involved in the development and management of the project. </P>
                    <P>3. Community and Supportive Services (“CSS”) means services provided to residents of the project that may include, but are not limited to: </P>
                    <P>a. Homeownership counseling that is scheduled to begin promptly after grant award so that, to the maximum extent possible, qualified residents will be ready to purchase new homeownership units when they are completed; </P>
                    <P>
                        b. Educational life skills, job readiness and retention, employment training, and other activities as described on HUD's HOPE VI Web site at 
                        <E T="03">http://www.hud.gov/offices/pih/programs/ph/hope6/css/;</E>
                         and 
                    </P>
                    <P>
                        c. Coordination with fair housing groups to educate the Main Street 
                        <PRTPAGE P="35851"/>
                        affordable housing project's targeted population on its fair housing rights. 
                    </P>
                    <P>4. Firmly committed means that the amount of match or of Leverage resources and their dedication to HOPE VI Main Street activities, must be explicit, in writing, and signed by a person authorized to make the commitment. </P>
                    <P>
                        5. General Section means the Notice of HUD's Fiscal Year (FY) 2007 Notice of Funding Availability (NOFA); Policy Requirements and General Section to the FY 2007 SuperNOFA for HUD's Discretionary Programs; Notice, Docket No. FR-5100-N-01, published in the 
                        <E T="04">Federal Register</E>
                         on January 18, 2007. The General Section can be obtained through HUD's Web site at 
                        <E T="03">http://www.hud.gov/offices/adm/grants/fundsavail.cfm.</E>
                    </P>
                    <P>6. Homeownership unit means a housing unit that a local government makes available through a grant from this NOFA for purchase by low-income families for use as their principal residence. </P>
                    <P>7. Initial occupancy period means the period of time that a rental unit is occupied by the initial low-income resident or the period of time that a homeownership unit is owned by the initial third-party, low-income purchaser. There is no set requirement for the length of this occupancy period. </P>
                    <P>8. Jurisdiction means the physical area under the supervision of a local government. </P>
                    <P>9. Leverage means non-HOPE VI-funded donations of cash and in-kind services that are firmly committed to the rejuvenation of the Main Street Area and are from non-HOPE VI sources. </P>
                    <P>a. Leverage may include funds/in-kind services that are already expended, received but not expended, and firmly committed but not yet received. See the definition of “firmly committed” in Section 4., above. </P>
                    <P>b. Types of resources that may be counted include: </P>
                    <P>(1) Private mortgage-secured loans, insured loans, and other debt; </P>
                    <P>(2) Housing trust funds; </P>
                    <P>(3) Net sales proceeds from a homeownership project that exceed the amount of HOPE VI funds used to develop the homeownership unit; </P>
                    <P>(4) Tax Increment Financing (TIF); </P>
                    <P>(5) Proceeds from Low-Income Housing Tax Credits (LIHTC), Historic Preservation Tax Credits, and Tax Exempt Bonds; </P>
                    <P>(6) Land Sale Proceeds. The value of land sale proceeds may be included as leverage only if this value is a sales proceed. Absent a sales transaction, the value of land will not be counted; </P>
                    <P>(7) Other Federal Funds. Other Federal sources may include non-public housing funds provided by HUD; </P>
                    <P>(8) In-Kind Services, including donations of: </P>
                    <P>(9) Staff time of either the local government applicant or the recognized developer entity; </P>
                    <P>(10) Property such as land (donations of land may be counted as leverage only if the donating entity owns the land to be donated), materials, supplies, a building, a lease on a building, and other infrastructure; </P>
                    <P>(11) Services such as Homeownership Counseling, other CSS and family self-sufficiency (FSS) resources, and time and services contributed by volunteers. </P>
                    <P>(12) Leverage does NOT include, and HUD will not count, Wages projected to be paid to residents through jobs that are provided through Section 3, or by FSS/CSS partners. </P>
                    <P>10. Local government means any city, county/parish, town, township, parish, village, or other general purpose political subdivision of a State; Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, the District of Columbia, and the Trust Territory of the Pacific Islands, or a general purpose political subdivision thereof; or a combination of such political subdivisions that is recognized by the Secretary. </P>
                    <P>
                        11. Low-income limits prescribed by HUD are stated on the internet at 
                        <E T="03">http://www.huduser.org/datasets/il/il2007/select_Geography.odb.</E>
                         Low-Income family means a family (resident) with an income equal to or less than 80 percent of median income for the local area, adjusted for family size, in accordance with Section 3(b)(2) of the United States Housing Act of 1937, as amended. HUD may establish a level higher or lower than 80 percent because of prevailing construction costs or unusually high or low family incomes in the area. Local area is defined as the nonmetropolitan county/parish or primary metropolitan statistical area/metropolitan statistical area (PMSA/MSA) or county/parish, as prescribed by HUD, in which the low-income family resides. 
                    </P>
                    <P>12. Main Street Area means an area determined and designated by the applicant that fulfills the requirements stated in “Program Requirements,” Section III.C of this NOFA, and: </P>
                    <P>a. Is within the jurisdiction of the applicant; </P>
                    <P>b. Has specific boundaries that are determined by the applicant; </P>
                    <P>c. Is or was: </P>
                    <P>(1) Traditionally the central business district and center for socio-economic interaction; </P>
                    <P>(2) Characterized by a cohesive core of historic and/or older commercial and mixed-use buildings, often interspersed with civic, religious, and residential buildings, which represent the community's architectural heritage; </P>
                    <P>d. Is the location of a downtown or “Main Street” rejuvenation effort that: </P>
                    <P>(1) Has as its purpose the revitalization or redevelopment of the historic or traditional commercial area; </P>
                    <P>(2) Involves investment, or other participation, by the applicant local government and private entities in the community in which the project is carried out; and </P>
                    <P>(3) Involves the development of affordable housing that is located in the commercial area. </P>
                    <P>13. Main Street affordable housing project (“project”) means the collection of affordable housing units that are developed in the Main Street Area using funds obtained through this NOFA, and meet the requirements as stated in “Program Requirements,” Section III.C of this NOFA. </P>
                    <P>14. Match is cash or in-kind donations that will be expended on allowable activities under the grant. The match must: </P>
                    <P>a. Total at least 5 percent of the requested HOPE VI Main Street grant amount; and </P>
                    <P>b. Be from government or private-sector sources other than HOPE VI funding, including Community Development Block Grant (CDBG) funds, which by statute are considered local money. </P>
                    <P>15. Owner entity is the legal entity that holds title to the real property that contains any affordable housing units developed through this NOFA. </P>
                    <P>16. Person with disabilities means a person who: </P>
                    <P>a. Has a condition defined as a disability in Section 223 of the Social Security Act; </P>
                    <P>b. Has a developmental disability as defined in Section 102 of the Developmental Disabilities Assistance Bill of Rights Act; or </P>
                    <P>c. Is determined to have a physical, mental, or emotional impairment that: </P>
                    <P>(1) Is expected to be of long-continued and indefinite duration; </P>
                    <P>(2) Substantially impedes his or her ability to live independently; and </P>
                    <P>(3) Is of such a nature that such ability could be improved by more suitable housing conditions. </P>
                    <P>
                        d. The term “person with disabilities” may include persons who have acquired immunodeficiency syndrome (AIDS) or any conditions arising from the etiologic agent for AIDS. In addition, no individual shall be considered a person with disabilities, for purposes of 
                        <PRTPAGE P="35852"/>
                        eligibility for low-income housing, based solely on any drug or alcohol dependence. 
                    </P>
                    <P>e. The definition provided above for persons with disabilities is the proper definition for determining program qualifications. However, the definition of a person with disabilities contained in Section 504 of the Rehabilitation Act of 1973 and its implementing regulations must be used for purposes of reasonable accommodations. </P>
                    <P>17. Program means the HOPE VI Main Street Program. </P>
                    <P>18. Recognized developer means the local government applicant or a legal entity that has an agreement with the local government applicant to seek financing for, rehabilitation and/or construction of housing units, and the provision of Community and Supportive Services (if required), for a HOPE VI Main Street grantee.</P>
                    <P>a. For a non-complex development, the applicant may choose not to use a developer and instead directly procure a design/build construction contractor and accountant. </P>
                    <P>19. Site Control means the local government applicant, or its developer, has the legal authority to commit the owner of the property to the rehabilitation to be performed with HOPE VI Main Street grant funds. Some examples of site control are:</P>
                    <P>a. The local government owns the property outright;</P>
                    <P>b. The private owner of the property and the applicant have signed a developer agreement and the private owner is the developer;</P>
                    <P>c. The government- or private-owner has signed a developer agreement with a separate developer and the agreement gives the developer site control;</P>
                    <P>d. The applicant or developer has an option to purchase the property that covers a time period sufficient to obtain grant funds for purchase (at least 180 days after award), and is contingent only upon: (1) Receipt of a grant from this NOFA; and (2) satisfactory compliance with this NOFA's environmental review requirements;</P>
                    <P>e. An owner-entity partnership was formed between the applicant, original owner, and, possibly, the developer and other interested parties. </P>
                    <P>20. Unit of local government: See “local government” under this section. </P>
                    <P>
                        21. Very low-income family means a family (resident) with an income equal to or less than 50 percent of median income for the local area, adjusted for family size, in accordance with Section 3(b)(2) of the United States Housing Act of 1937, as amended. HUD may establish a level higher or lower than 50 percent because of prevailing construction costs or unusually high or low family incomes in the area. HUD-prescribed income limits are stated at 
                        <E T="03">http://www.huduser.org/datasets/il/il2007/select_Geography.odb.</E>
                         Local area is defined as the PMSA/MSA or nonmetropolitan county/parish, as prescribed by HUD, in which the low-income family resides. 
                    </P>
                    <P>22. General Section reference. The subsection entitled “Funding Opportunity Description” in Section I of the General Section is hereby incorporated by reference. </P>
                    <HD SOURCE="HD2">II. Award Information </HD>
                    <P>
                        A. 
                        <E T="03">Available Funds.</E>
                         A total of approximately $1.4 million appropriated for FY 2006 and  $1.1 million appropriated for FY 2007, totaling approximately $2.5 million, is available for funding under this NOFA and must be obligated by September 30, 2007. 
                    </P>
                    <P>
                        B. 
                        <E T="03">Number of Awards.</E>
                         This NOFA will result in approximately 3 awards. 
                    </P>
                    <P>
                        C. 
                        <E T="03">Range of Amounts of Each Award.</E>
                         Each applicant may request up to $1,000,000. 
                    </P>
                    <P>
                        D. 
                        <E T="03">Start Date, Period of Performance.</E>
                         The term of the grants that result from this NOFA will start on the date that the grant award document is signed by HUD and will continue for 30 months thereafter. 
                    </P>
                    <P>
                        E. 
                        <E T="03">Type of Instrument.</E>
                         Grant Agreement. 
                    </P>
                    <P>
                        F. 
                        <E T="03">Supplementation.</E>
                         Grants resulting from this NOFA do not supplement other HOPE VI grants. 
                    </P>
                    <HD SOURCE="HD2">III. Eligibility Information </HD>
                    <P>
                        A. 
                        <E T="03">Eligible Applicants.</E>
                         Eligible applicants include, and are limited to, local governments, as defined in Section I.D of this NOFA and Section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). The local government must: 
                    </P>
                    <P>1. Have a population of 50,000 or less; and </P>
                    <P>
                        2. Not be served by a local government, county/parish, or regional or State public housing agency (PHA) that administers more than 100 public housing units 
                        <E T="03">within the local government's jurisdiction.</E>
                         Such units exclude Section 8 Housing Voucher subsidized units and public housing units in Mixed-Finance developments where the public housing agency is not the General Partner in the for-profit ownership entity. 
                    </P>
                    <P>B. Cost Sharing or match. </P>
                    <P>1. Match. HUD is required by the Quality Housing and Work Responsibility Act (42 U.S.C. 1437v(c)(1)(A)) to include the requirement for matching funds for all HOPE VI-related grants. Applicants must provide matching funds or in-kind services in the amount of 5 percent of the requested grant amount from sources other than HUD HOPE VI funds. Match sources may include other Federal sources, CDBG funds (which are statutorily considered local funds), any State or local government sources, any private contributions, the value of any donated material or building, the value of any lease on a building, the value of the time and services contributed by volunteers, and the value of any other in-kind services provided. MATCH FUNDS MUST BE USED ONLY FOR CARRYING OUT ELIGIBLE AFFORDABLE HOUSING ACTIVITIES THAT RELATE TO THE MAIN STREET AFFORDABLE HOUSING PROJECT PRESENTED IN THIS APPLICATION. The match may include funds that have already been spent or funds that are for future use.</P>
                    <P>a. Match donations must be firmly committed to the Main Street affordable housing project presented in the application. See the definition of “firmly committed” in “Definitions,” Section I.D of this NOFA.</P>
                    <P>b. The applicant may propose to use the applicant's own funds to meet the match requirement, provided that the match funds do not originate from HOPE VI funds.</P>
                    <P>c. See Section IV.B of this NOFA for the requirements for documentation of match resources. </P>
                    <P>
                        C. 
                        <E T="03">Other.</E>
                    </P>
                    <P>1. Eligible Uses of Grant Funds. Main Street grant funds may be expended on the following activities:</P>
                    <P>
                        a. New construction, reconfiguration, or rehabilitation of affordable rental and homeownership housing located within the Main Street Area. New construction and rehabilitation activities that are intrinsic to the development of the affordable housing units may extend to other portions of the Main Street affordable housing project; 
                        <E T="03">e.g.</E>
                        , to the building envelope, to interior bearing walls of commercial space located below the affordable housing units, and to systems installation through commercial space located below or adjacent to the affordable housing units.
                    </P>
                    <P>b. Architectural and Engineering activities, surveys, permits, and other planning and implementation costs related to the construction and rehabilitation of the Main Street affordable housing project presented in the application.</P>
                    <P>c. Tax credit syndication costs.</P>
                    <P>
                        d. Funding of moving expenses for low-income residents displaced as a result of construction or rehabilitation of the project, in accordance with the 
                        <PRTPAGE P="35853"/>
                        Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and Handbook CPD 02-08, “Guidance on the Application of the Uniform Relocation Assurance and Real Property Acquisition Policies Act of 1970 (URA), as amended in HOPE VI Projects.”
                    </P>
                    <P>e. Management improvements necessary for the proper development and management of the Main Street affordable housing project presented in the application, similar to and including, but not limited to: </P>
                    <P>(1) Staff training (including travel) related to affordable housing development and management. </P>
                    <P>(2) Staff time and materials or contractor services to revise or develop: </P>
                    <P>(a) Procedure manuals; </P>
                    <P>(b) Accounting systems, excluding accounting services; </P>
                    <P>(c) Lease documents; </P>
                    <P>(d) Resident screening procedures; and </P>
                    <P>(e) Data processing systems.</P>
                    <P>f. Leveraging non-HOPE VI funds and in-kind services. See the definition of “Leverage” in Section I.D of this NOFA.</P>
                    <P>g. Community and Supportive Services. See Funding Restrictions in Section IV.E of this NOFA. </P>
                    <P>(1) Only 15 percent of the grant amount may be used for Community and Supportive Services. See “Funding Restrictions,” Section IV.E of this NOFA, for non-allowable costs and activities. </P>
                    <P>2. Thresholds.</P>
                    <P>a. Match. Applicants must provide matching funds in the amount of 5 percent of the requested grant amount from sources other than HUD HOPE VI funds. See “Cost Sharing or match,” Section III.B of this NOFA. </P>
                    <P>(1) In order to demonstrate that the applicant meets this threshold, for each match resource, the application must include a letter stating the match amount and that the match is firmly committed to be used for activities related to the particular Main Street affordable housing project presented in the application. Each match resource must also be listed on page 12 of the “HOPE VI Main Street Application Data Sheet,” form HUD-52861, (under the Excel Worksheet Tab, “matching and Housing Resources”) which will be a part of the application. Columns on that page provide space to include the following required information for each source: Resource organization name, name and telephone number of a contact at the resource organization, the amount of the resource organization's contribution, and whether the contribution is in cash or in-kind services. All columns, except the last, “Leverage Period More than 2 Years,” must be filled in. </P>
                    <P>(2) If the applicant does not demonstrate that there will be matching funds of at least 5 percent of the requested grant amount, the application will not be eligible for funding through this NOFA.</P>
                    <P>b. Main Street Area. The applicant must have within its jurisdiction a Main Street Area. See Section I.D of this NOFA for the definition of a Main Street Area. </P>
                    <P>(1) In order to demonstrate that the applicant meets this threshold, the application must contain the attachment “Map of the Main Street Area.” The attached map must clearly show the applicant-determined Main Street Area boundaries. Boundaries may be streets, rail lines, rivers, or other man-made or natural bounds. No other documentation is necessary. </P>
                    <P>(2) If the applicant's jurisdiction does not have a Main Street Area, the application will not be eligible for funding through this NOFA.</P>
                    <P>c. Main Street Affordable Housing Project (“Project”). The targeted affordable housing project must conform to this NOFA's requirements for a Main Street affordable housing project, as defined in “Program Requirements,” Section III.C of this NOFA. </P>
                    <P>(1) By applying for a grant through this NOFA, the applicant certifies that the Main Street affordable housing project meets the Program Requirements. No other documentation is necessary to meet this threshold. </P>
                    <P>(2) If the targeted affordable housing project does not conform to this NOFA's requirements, the application will not be eligible for funding through this NOFA.</P>
                    <P>d. One Main Street Area. Under this NOFA, the applicant must apply for assistance only in support of one Main Street Area. That is, if the local government's jurisdiction includes two neighborhoods, each with a traditional commercial/social center, the application must contain only one of those traditional commercial/social centers. However, the applicant's Main Street affordable housing project may consist of several scattered sites within that one Main Street Area. If the applicant applies for assistance for more than one Main Street Area through this NOFA, the application will not be eligible for funding through this NOFA.</P>
                    <P>e. Code of Conduct. </P>
                    <P>(1) The applicant must have developed and must maintain a written code of conduct (see 24 CFR 84.42 and 85.36(b)(3)). The applicant must provide, or have provided, documentation that demonstrates that it has a written code of conduct. </P>
                    <P>(2) The applicant must submit a copy of its code of conduct as part of the application if its code of conduct is not already on file with HUD. See 24 CFR 84.42 and 85.36(b)(3). </P>
                    <P>
                        (3) Unless the applicant is listed on HUD's Web site at 
                        <E T="03">http://www.hud.gov/offices/adm/grants/codeofconduct/cconduct.cfm</E>
                         and the information has not been revised, the applicant is required to submit: 
                    </P>
                    <P>(a) A copy of its code of conduct; </P>
                    <P>(b) A description of the methods it will use to ensure that all officers, employees, and agents of its organization are aware of its code of conduct; and </P>
                    <P>(c) The following information, as it is stated on the SF-424: </P>
                    <P>(i) Dun and Bradstreet Data Universal Numbering System (DUNS) number; </P>
                    <P>(ii) Employer Identification Number (EIN); </P>
                    <P>(iii) Applicant's Legal Name (Note: Applicants must enter their legal name in box 8.a. of the SF-424 as it appears in the Central Contractor Register (CCR). See the General Section regarding CCR registration); </P>
                    <P>(iv) Address (Street, PO Box, City, State, and ZIP Code); and </P>
                    <P>(d) Authorized Official's information (Name, Title, Telephone Number, and E-mail Address). </P>
                    <P>(4) The code of conduct must prohibit real and apparent conflicts of interest that may arise among officers, employees, or agents; prohibit the solicitation and acceptance of gifts or gratuities by the organization's officers, employees, or agents for their personal benefit in excess of minimal value; and outline administrative and disciplinary actions available to remedy violations of such standards. </P>
                    <P>(5) See Section III.C of the General Section for more detailed information and instructions if the applicant needs to submit its code of conduct to HUD via facsimile. </P>
                    <P>(6) If the applicant does not provide a copy of the code of conduct, and its implementation methodology in its application, or is not listed by HUD as having already submitted such documentation, the application will not be eligible for funding through this NOFA.</P>
                    <P>f. The following sub-sections of Section III of the General Section are hereby incorporated by reference. The applicant must comply with each of the incorporated threshold requirements in order to be eligible for funding, including: </P>
                    <P>(1) Ineligible Applicants; </P>
                    <P>
                        (2) DUNS Number Requirement; 
                        <PRTPAGE P="35854"/>
                    </P>
                    <P>(3) Compliance with Fair Housing and Civil Rights Laws; </P>
                    <P>(4) Conducting Business In Accordance with Core Values and Ethical Standards; </P>
                    <P>(5) Delinquent Federal Debts; </P>
                    <P>(6) Pre-Award Accounting System Surveys; </P>
                    <P>(7) Name Check Review; </P>
                    <P>(8) False Statements; </P>
                    <P>(9) Prohibition Against Lobbying Activities; and </P>
                    <P>(10) Debarment and Suspension. </P>
                    <P>3. Certification of Certain Thresholds.</P>
                    <P>a. Certification by Application. The SF-424, “Application for Federal Assistance,” is the cover sheet to the application. By manually or electronically signing the SF-424, the applicant certifies that the following thresholds have been met: </P>
                    <P>(1) The Main Street Area rejuvenation effort: </P>
                    <P>(a) Is carried out within the jurisdiction of the applicant; </P>
                    <P>(b) Involves the development of affordable housing that is located in the commercial area that is the subject of the rejuvenation effort; and </P>
                    <P>(c) Has as its purpose the revitalization or redevelopment of a historic or traditional commercial area. </P>
                    <P>(2) A portion of the Main Street affordable housing project units will be reserved for very low-income initial occupants. </P>
                    <P>(3) Historic preservation requirements in Section 106 of the National Historic Preservation Act of 1966 (NHPA) will be fulfilled, where applicable. </P>
                    <P>(4) Environmental requirements stated in the NOFA will be fulfilled. </P>
                    <P>(5) Building standards stated in the NOFA will be fulfilled. </P>
                    <P>(6) Relocation requirements under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) will be fulfilled. </P>
                    <P>(7) Fair Housing, Civil Rights, and Section 3 requirements will be followed and fulfilled. </P>
                    <P>4. Program Requirements. </P>
                    <P>a. Main Street Area Recognition by HUD. The applicant must have, within the applicant's jurisdiction, a HUD-recognized Main Street Area rejuvenation effort that involves affordable housing. In order to be recognized by HUD, a Main Street Area rejuvenation effort must: </P>
                    <P>(1) Be located within a definable Main Street Area (See Section I.D of this NOFA); </P>
                    <P>(2) Have as its purpose the rejuvenation or redevelopment of a historic or traditional commercial area; </P>
                    <P>(3) Involve investment or other participation by BOTH the local government and locally located private entities; </P>
                    <P>(4) Comply with historic preservation requirements as directed by the cognizant State Historic Preservation Officer (SHPO) or, if such historic preservation requirements are not applicable, to preserve significant traditional, architectural, and design features in the project structures or Main Street Area; and </P>
                    <P>(5) Include the development of the Main Street affordable housing project that is proposed and described in the application for a grant under this NOFA. </P>
                    <P>b. Main Street Affordable Housing Project (Project). The “Main Street affordable housing project” is the collection of affordable housing units that are rejuvenated or developed in the Main Street Area using funds obtained through this NOFA and related match funds. The project must: </P>
                    <P>(1) Involve the construction or rehabilitation of affordable housing units. The number of units that will be developed through this NOFA must at least equal the number of units stated in form HUD-52861, “HOPE VI Main Street Application Data Sheet,” on the “Unit Mix and Accessibility Summary, Post-Revitalization” page; </P>
                    <P>(2) Be located within the boundaries of the applicant's Main Street Area; and </P>
                    <P>(3) NOT replace demolished or otherwise disposed of public housing units. </P>
                    <P>c. Program Schedule. The application requires a Program Schedule for the applicant's Project. The Program Schedule must reflect the Reasonable Time-Frame and Development Proposal time requirements stated in Section VI.B of this NOFA. </P>
                    <P>d. Requirements During the Initial Occupancy Period. </P>
                    <P>(1) Initial residents of affordable rental units and initial resident purchasers of affordable homeownership units must be subject to the same rules regarding occupant contribution toward rental or purchase, and basic terms of rental or purchase, as residents of HOPE VI development public housing units. Site-based waiting lists, resident job or training requirements, and other occupancy requirements that are allowed under Section 24 of the U.S. Housing Act of 1937 (1937 Act) may be applied to the units. </P>
                    <P>
                        (2) The project owner entity is not required to develop and maintain mandatory PHA documentation; 
                        <E T="03">e.g.</E>
                        , the PHA Plans as described in 24 CFR part 903, etc. However, before the project is initially rented, the ownership entity must determine, develop, and obtain HUD approval of a written statement of its rent determination and occupancy policies. 
                    </P>
                    <P>(3) Public housing, HUD HOME, or Low-Income Housing Tax Credit rental requirements are not mandatory under the Main Street program, but may be used as examples for such policies. Such examples are located at 24 CFR 903.7(d) and 24 CFR 903.7(f). If other government programs are used in connection with the applicant's Main Street grant activities, such requirements apply to the extent required by the other programs. </P>
                    <P>e. Main Street Homeownership. The initial sale of an affordable homeownership unit to a third-party, low-income purchaser must take place in accordance with Section 24 of the 1937 Act. Providing homeownership counseling to residents is mandatory if the application includes development of homeownership units. </P>
                    <P>f. Use Restrictions. PROJECT UNITS MUST BE MAINTAINED AS AFFORDABLE HOUSING ONLY FOR THE PERIOD OF INITIAL RENTAL OCCUPANCY OR THE INITIAL RESIDENT'S OWNERSHIP. The applicant may elect to apply use restrictions for a longer period, or in excess, of this requirement. </P>
                    <P>g. Leveraging Other Resources. </P>
                    <P>(1) The Main Street Area rejuvenation effort must have community support from government and the private sector. Leverage, or the contribution of funds or in-kind services from sources other than a grant that results from this NOFA, demonstrates this support. See “Leverage” in “Definitions,” Section I.D of this NOFA. To measure the amount of support that the Main Street Area rejuvenation effort has, this NOFA includes a Leverage rating factor. See Rating Factor 3(c) in Section V.A.3 of this NOFA. </P>
                    <P>(2) Unlike grant and match funds from this NOFA, Leverage is not limited to the funding of affordable housing development. Leverage can include contributions that have been made to, or are firmly committed to, the Main Street Area rejuvenation effort as a whole. It can include past or future funding for other affordable housing, retail supportive services, jobs, and other economic development that is part of the Main Street Area rejuvenation effort. Other examples of uses for Leverage funds include, but are not limited to: </P>
                    <P>(a) The acquisition of existing housing units that will become affordable housing, but do not require rehabilitation, including associated costs, such as appraisals, surveys, tax settlements, broker fees, and other closing costs; </P>
                    <P>(b) Off-site site improvements that are contiguous to the site; </P>
                    <P>
                        (c) Demolition; 
                        <PRTPAGE P="35855"/>
                    </P>
                    <P>(d) Restoration of the Main Street affordable housing project facade when facade rehabilitation is not an integral part of the project's rehabilitation; </P>
                    <P>(e) Rehabilitation of retail space in the Main Street affordable housing project, even if this rehabilitation is not an integral part of the rehabilitation of the rental areas of the project; </P>
                    <P>(f) Rehabilitation of retail space elsewhere in the Main Street Area; </P>
                    <P>
                        (g) Funding of Reserves; 
                        <E T="03">e.g.</E>
                        , the Initial Operating Reserve necessary for financial viability during the initial affordable housing occupancy period, Replacement Reserves, etc.; 
                    </P>
                    <P>
                        (h) Homeownership financial assistance, 
                        <E T="03">e.g.</E>
                        , write-down of homeownership unit development costs and downpayment assistance; 
                    </P>
                    <P>(i) Other uses that relate directly to the Main Street affordable housing project; </P>
                    <P>
                        (j) Site improvements, 
                        <E T="03">e.g.</E>
                        , repaving streets or upgrading streets or sidewalks with brick or cobblestone, adding “boulevard” islands, etc.; 
                    </P>
                    <P>(k) Legal and administrative fees and costs; and </P>
                    <P>(l) Other uses that do not relate directly to the Main Street affordable housing project, but do relate to the Main Street Area rejuvenation effort. </P>
                    <P>h. Transfer of Title for Tax Credits. The original owner entity of Main Street affordable housing project properties may transfer title to, or commit to a long-term lease with, an owner entity partnership that includes the original owner, the applicant, an equity partner and, when appropriate, other partners, for the purpose of obtaining Low-Income or Historic Tax Credit equity as a leverage resource. Such a transfer, excluding legal fees, is an allowable grant activity. See Section IV.E of this NOFA for limits on the sale of real property. </P>
                    <P>
                        i. Section 106 Historic Preservation Requirements. Grantees may not commit HUD funds until HUD has completed the historic preservation review and consultation process under Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470f) and its implementing regulation, 36 CFR part 800, as applicable, in accordance with environmental review requirements under 24 CFR part 50. See 
                        <E T="03">http://www.achp.gov/</E>
                         for details on the Section 106 review process. 
                    </P>
                    <P>j. Environmental Requirements. </P>
                    <P>(1) HUD's notification of award to a selected applicant constitutes a preliminary approval by HUD, subject to HUD's completion of an environmental review of proposed sites in accordance with 24 CFR part 50. Selection for participation (preliminary approval) does not constitute approval of the proposed site(s). </P>
                    <P>(2) Your application constitutes a certification that you, the applicant, will supply HUD with all available, relevant information necessary for HUD to perform any environmental review required by 24 CFR part 50 for each property; will carry out mitigating measures required by HUD or, if mitigation is not feasible, select alternate eligible property; and will not acquire, rehabilitate, convert, demolish, lease, repair, or construct property, nor commit or expend HOPE VI, other HUD or other non-HUD funds, for these program activities with respect to any eligible property, until you receive written HUD approval of the property. </P>
                    <P>(3) Each proposal will be subject to a HUD environmental review, in accordance with 24 CFR part 50, and the proposal may be modified or the proposed sites rejected as a result of that review. </P>
                    <P>
                        (4) Phase I and Phase II Environmental Site Assessments. If you are selected for funding, you must have a Phase I environmental site assessment completed in accordance with the ASTM Standards E 1527-05, as amended (see 
                        <E T="03">http://www.astm.org</E>
                        ). The results of the Phase I assessment must be included in the documents that must be provided to HUD for the environmental review. If the Phase I assessment recognizes environmental concerns or if the results are inconclusive, a Phase II environmental site assessment will be required. 
                    </P>
                    <P>(5) Mitigating and remedial measures. You must carry out any mitigating/remedial measures required by HUD. If a remediation plan, where required, is not approved by HUD and a fully funded contract with a qualified contractor licensed to perform the required type of remediation is not executed, HUD reserves the right to determine that the grant is in default. </P>
                    <P>(6) Your application constitutes a certification that there are not any environmental or public policy factors, such as sewer moratoriums, that would preclude development in the requested Main Street Area. </P>
                    <P>(7) Note that environmental requirements for this NOFA are found in 24 CFR part 50, which requires HUD environmental approval. Please note that 24 CFR part 58, which allows State and local governments to assume Federal environmental responsibilities, is not applicable. </P>
                    <P>
                        (8) HUD's environmental Web site is located at 
                        <E T="03">http://www.hud.gov/offices/cpd/environment/index.cfm.</E>
                    </P>
                    <P>k. Building Standards. </P>
                    <P>
                        (1) Building Codes. All activities that include construction, rehabilitation, lead-based paint removal, and related activities must meet or exceed local building codes. The applicant is encouraged to read the policy statement and Final Report of the HUD Review of Model Building Codes that identify the variances between the design and construction requirements of the Fair Housing Act and several model building codes. That report can be found on the HUD Web site at 
                        <E T="03">http://www.hud.gov/offices/fheo/disabilities/modelcodes/.</E>
                    </P>
                    <P>
                        (2) Deconstruction. HUD encourages the applicant to design programs that incorporate sustainable construction and demolition practices, such as the dismantling or “deconstruction” of housing units, recycling of demolition debris, and reusing of salvage materials in new construction. “A Guide to Deconstruction” can be found at 
                        <E T="03">http://www.huduser.org/publications/destech/decon.html.</E>
                    </P>
                    <P>(3) Partnership for Advancing Technology in Housing (PATH). HUD encourages the applicant to use PATH technologies in the construction and delivery of affordable housing. PATH is a voluntary initiative that seeks to accelerate the creation and widespread use of advanced technologies to improve radically the quality, durability, environmental performance, energy efficiency, and affordability of our nation's housing. </P>
                    <P>(a) The goal of PATH is to achieve dramatic improvement in the quality of U.S. housing by the year 2010. PATH encourages leaders from the home building, product manufacturing, insurance, and financial industries and representatives from Federal agencies dealing with housing issues to work together to spur housing design and construction innovations. PATH will provide technical support in design and cost analysis of advanced technologies to be incorporated in project construction. </P>
                    <P>(b) Applicants are encouraged to employ PATH technologies to exceed prevailing national building practices by: </P>
                    <P>(i) Reducing costs; </P>
                    <P>(ii) Improving durability; </P>
                    <P>(iii) Increasing energy efficiency; </P>
                    <P>(iv) Improving disaster resistance; and </P>
                    <P>(v) Reducing environmental impact. </P>
                    <P>
                        (c) More information, including a list of technologies, the latest PATH Newsletter, results from field demonstrations, and descriptions of PATH projects can be found at 
                        <E T="03">http://www.pathnet.org.</E>
                    </P>
                    <P>(4) Energy Efficiency. </P>
                    <P>
                        (a) New construction and rehabilitation must comply with the 
                        <PRTPAGE P="35856"/>
                        2003 International Energy Conservation Code (IECC 2003), which incorporates American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) 90.1 2001 by reference for high-rise multifamily housing. 
                    </P>
                    <P>(i) IECC 2003 Administrative Guidance. IECC 2003 applies to all construction and rehabilitation of residential and commercial property. The standard contains exceptions that allow for its reasonable application to Main Street NOFA activities. </P>
                    <P>(A) IECC 2003 Section “101.2.2.3 Historic buildings. The provisions of this code * * * shall not be mandatory for existing buildings or structures specifically identified and classified as historically significant by the State or local jurisdiction, listed in The National Register of Historic Places, or which have been determined to be eligible for such listing.” </P>
                    <P>(B) IECC 2003 Section “101.2.3 Mixed occupancy. [For mixed-use buildings,] * * * each portion of the building shall conform to the requirements for the occupancy housed therein. Buildings [with more than two housing units] with a height of four or more stories above grade shall be considered commercial buildings * * * regardless of the number of floors that are classified as residential.” That is, if there is a store in the building, that part of the building is considered commercial. The rest of the building would incorporate low-rise residential requirements. </P>
                    <P>(C) IECC 2003 Section “101.2.2.2 Additions, alterations or repairs. Additions [and rehabilitation of a building or portion of a building] * * * shall conform to the provisions of this code * * * without requiring the unaltered portions(s) of the existing system to comply with all of the requirements of this code. Additions [or rehabilitation] shall not cause any one of the aforementioned and existing systems to become unsafe, hazardous or overloaded.” </P>
                    <P>(b) Where local or State energy-related building codes exceed the above standards, new construction and rehabilitation must comply with those local or State standards. </P>
                    <P>(c) The applicant must use new technologies that will conserve energy and decrease operating costs, where cost effective. Examples of such technologies include: </P>
                    <P>(i) Geothermal heating and cooling; </P>
                    <P>(ii) Placement of buildings and size of eaves that take advantage of the directions of the sun throughout the year; </P>
                    <P>(iii) Photovoltaics (technologies that convert light into electrical power); </P>
                    <P>(iv) Extra insulation; </P>
                    <P>(v) Smart windows; </P>
                    <P>(vi) Energy Star appliances; and </P>
                    <P>(vii) Combined heat and power (cogeneration). </P>
                    <P>
                        (5) Universal Design. HUD encourages the applicant to incorporate the principles of universal design in the construction or rehabilitation of housing, retail establishments, and community facilities, and when communicating with community residents at public meetings or events. Universal Design is the design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. The intent of Universal Design is to simplify life for everyone by making products, communications, and the built environment more usable by as many people as possible at little or no extra cost. Universal Design benefits people of all ages and abilities. Examples include designing wider doorways, installing levers instead of doorknobs, and putting bathtub/shower grab bars in all units. Computers and telephones can also be set up in ways that enable as many residents as possible to use them. The Department has a publication that contains a number of ideas about how the principles of Universal Design can benefit persons with disabilities. To order a copy of “Strategies for Providing Accessibility and Visitability for HOPE VI and Mixed Finance Homeownership,” go to the publications and resource page of the HOPE VI Web site at 
                        <E T="03">http://www.huduser.org/publications/pubasst/strategies.html.</E>
                    </P>
                    <P>
                        (6) Energy Star. HUD has adopted a wide-ranging energy action plan for improving energy efficiency in all program areas. As a first step in implementing the energy plan, HUD, the Environmental Protection Agency (EPA), and the Department of Energy have signed a partnership to promote energy efficiency in HUD's affordable housing efforts and programs. The purpose of the Energy Star partnership is to promote energy efficiency of the affordable housing stock, but also to help protect the environment. Applicants constructing, rehabilitating, or maintaining housing or community facilities are encouraged to promote energy efficiency in design and operations. They are urged especially to build to Energy Star qualifications and to purchase and use Energy Star-labeled products. Applicants providing housing assistance or counseling services are encouraged to promote Energy Star building to homebuyers and renters. Program activities can include developing Energy Star promotional and informational materials, outreach to low- and moderate-income renters and buyers on the benefits and savings when using Energy Star products and appliances, and promoting the designation of community buildings and homes as Energy Star compliant. For further information about Energy Star, see 
                        <E T="03">http://www.energystar.gov</E>
                         or call (888) STAR-YES ((888) 782-7937) or, for the hearing-impaired, (888) 588-9920 (TTY). 
                    </P>
                    <P>
                        l. Lead-Based Paint. The applicant must comply with lead-based paint evaluation and reduction requirements as provided for under the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821, 
                        <E T="03">et seq.</E>
                        ), the EPA's Pre-Renovation Education Rule (40 CFR 745, subpart E), HUD's Lead Safe Housing Rule (24 CFR 35, subparts B-R), and the Lead Disclosure Rule (24 CFR 35, subpart A), which addresses documents provided to pre-1978 housing owners regarding lead paint or hazard testing or lead hazard reduction activities, as they may be amended or revised from time to time. The applicant will be responsible for lead-based paint evaluation and reduction activities for housing constructed prior to 1978. The National Lead Information Hotline is (800) 424-5323. 
                    </P>
                    <P>m. Labor Standards. Davis-Bacon wage rates do NOT apply to grants from this NOFA, with the following exceptions: </P>
                    <P>(1) If other Federal programs are used in connection with the applicant's HOPE VI Main Street activities, Davis-Bacon requirements apply to the extent required by the other Federal programs. </P>
                    <P>(2) If any grant funds from an award through this NOFA are expended by a PHA, acting as a developer, partnering with a developer, or as a partner in an ownership entity partnership, Davis-Bacon wage rates will apply to laborers and mechanics (other than volunteers under 24 CFR part 70) employed in development of all housing units, and HUD-determined wage rates will apply to laborers and mechanics (other than volunteers) employed in the operation of all housing units, regardless of whether such units are public housing or non-public housing. </P>
                    <P>
                        n. Relocation Requirements. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979 (42 U.S.C. 4601-4655), implementing regulations at 49 CFR part 24, and “Handbook CPD 02-08, Guidance on the Application of the Uniform Relocation Assurance and Real Property Acquisition Policies Act of 1970 (URA), as amended in HOPE VI Projects” apply to anyone who is displaced as a result of acquisition, 
                        <PRTPAGE P="35857"/>
                        rehabilitation, or demolition due to a HUD-assisted activity. 
                    </P>
                    <P>o. Fair Housing and Equal Opportunity Requirements. Fair Housing and Equal Opportunity requirements stated in Section III.C of the General Section apply as referenced in this NOFA. In addition, the following requirement applies: </P>
                    <P>(1) Accessibility Requirements. </P>
                    <P>
                        (a) All “multifamily” HOPE VI developments, defined as projects with more than five units, are subject to the accessibility requirements contained in several Federal laws, as implemented in 24 CFR part 8. PIH Notice 2003-31, available at 
                        <E T="03">http://www.hud.gov/offices/pih/publications/notices/</E>
                         and subsequent updates, provide an overview of all pertinent laws and implementing regulations pertaining to HOPE VI. 
                    </P>
                    <P>(b) Generally, for substantial rehabilitation of projects with more than 15 housing units, or new construction of a multifamily project, at least 5 percent of the units, or one unit, whichever is greater, must be accessible to persons with mobility impairments. An additional 2 percent, but not less than one unit, must be made accessible for persons with hearing or vision impairment. See, in particular, 24 CFR parts 8.20 through 8.32. </P>
                    <P>
                        (c) In addition, under the Fair Housing Act, all new construction of covered multifamily buildings must contain certain features of accessible and adaptable design. The relevant accessibility requirements are provided on HUD's FHEO Web site at 
                        <E T="03">http://www.hud.gov /groups/fairhousing.cfm.</E>
                         Units covered are all those in elevator buildings with four or more units and all ground floor units in buildings without elevators. See also “program accessibility” at 
                        <E T="03">http://www.hud.gov/offices/fheo/disabilities/sect504faq.cfm#anchor263905.</E>
                         This section is in addition to, and does not replace, other non-HUD accessibility requirements to which the applicant local government may be subject. 
                    </P>
                    <P>p. Procurement. City governments are required to follow the procurement regulations at 24 CFR 85.36. State and local procurement requirements apply to the extent required by those governments. </P>
                    <P>5. General Section References. The following subsections of Section III of the General Section are hereby incorporated by reference: </P>
                    <P>a. Additional Nondiscrimination and Other Requirements; </P>
                    <P>
                        (1) Civil Rights Laws, including the Americans with Disabilities Act of 1990 (42 U.S.C. 1201 
                        <E T="03">et seq.</E>
                        ); 
                    </P>
                    <P>
                        (2) The Age Discrimination Act of 1974 (42 U.S.C. 6101 
                        <E T="03">et seq.</E>
                        ); and 
                    </P>
                    <P>
                        (3) Title IX of the Education Amendments Act of 1972 (20 U.S.C. 1681 
                        <E T="03">et seq.</E>
                        ) 
                    </P>
                    <P>b. Affirmatively Furthering Fair Housing; </P>
                    <P>c. Economic Opportunities for Low- and Very Low-Income Persons (Section 3); </P>
                    <P>d. Ensuring the Participation of Small Businesses, Small Disadvantaged Businesses, and Women-Owned Businesses; </P>
                    <P>e. Relocation; </P>
                    <P>f. Executive Order 13166, Improving Access to Services for Persons With Limited English Proficiency (LEP); </P>
                    <P>g. Executive Order 13279, Equal Protection of the Laws for Faith-Based and Community Organizations; </P>
                    <P>h. Accessible Technology; </P>
                    <P>i. Procurement of Recovered Materials; </P>
                    <P>j. Participation in HUD-Sponsored Program Evaluation; </P>
                    <P>k. Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects; </P>
                    <P>l. Salary Limitation for Consultants; </P>
                    <P>m. OMB Circulars and Government-wide Regulations Applicable to Financial Assistance Programs; </P>
                    <P>n. Environmental Requirements; </P>
                    <P>o. Conflict of Interest; </P>
                    <P>p. Drug-Free Workplace; and </P>
                    <P>q. Safeguarding Resident/Client Files. </P>
                    <HD SOURCE="HD2">IV. Application and Submission Information </HD>
                    <P>
                        A. 
                        <E T="03">Addresses to Request Application Package.</E>
                         This section describes how you may obtain application forms, additional information about the General Section of this NOFA, and technical assistance. 
                    </P>
                    <P>
                        1. Copies of this published NOFA and related application forms may be downloaded from the Grants.gov Web site at 
                        <E T="03">http://www.grants.gov/applicants/apply_for_grants.jsp</E>
                        . If you have difficulty accessing the information, you may receive customer support from Grants.gov by calling the help line at (800) 518-GRANTS ((800) 518-4726) or by sending an e-mail to 
                        <E T="03">support@grants.gov.</E>
                         The operators will assist you in accessing the information. If you do not have Internet access and need to obtain a copy of this NOFA, you can contact HUD's NOFA Information Center toll-free at (800) HUD-8929. Persons with hearing or speech impairments may call the Federal Information Relay Service at (800) 877-8339. 
                    </P>
                    <P>
                        2. The published 
                        <E T="04">Federal Register</E>
                         document is the official document that HUD uses to evaluate applications. Therefore, if there is a discrepancy between any materials published by HUD in its 
                        <E T="04">Federal Register</E>
                         publications and other information provided in paper copy, electronic copy, or at 
                        <E T="03">http://www.grants.gov,</E>
                         the 
                        <E T="04">Federal Register</E>
                         publication prevails. Please be sure to review the application submission against the requirements in this NOFA. 
                    </P>
                    <P>
                        <E T="03">B. Content and Form of Application Submission.</E>
                    </P>
                    <P>1. Number of Applications Permitted. Each applicant may submit only one application. </P>
                    <P>2. Joint Applications. Joint applications are not permitted. However, the applicant may enter into subgrant agreements with procured developers, other partners, nonprofit organizations, State governments, or other local governments to perform the activities proposed under the application. </P>
                    <P>3. General Format and Length of Application. </P>
                    <P>a. Applicant Name. The applicant's official name is the name that is submitted to Grants.gov on the form SF-424. (Note: Applicants must enter their legal name in box 8.a. of the SF-424 as it appears in the Central Contractor Register (CCR). See the General Section regarding CCR registration). </P>
                    <P>b. Electronic Format. </P>
                    <P>(1) General. </P>
                    <P>(a) Sections of the application are as listed below. </P>
                    <P>
                        (b) In accordance with the General Section, applications are to be submitted electronically via 
                        <E T="03">http://www.grants.gov/applicants/apply_for_grants.jsp.</E>
                         See the General Section for additional instructions. 
                    </P>
                    <P>(2) File Names. </P>
                    <P>(a) The name of each submission file should include the information below so that a HUD reviewer will be able to identify it as part of the application: </P>
                    <P>
                        (i) Short version of applicant's name, 
                        <E T="03">e.g.</E>
                        , town, city, county/parish, etc., and State; and 
                    </P>
                    <P>(ii) The word “Narrative” or “Attachment,” as applicable, and the Section letter(s) (A through U) that are included in the file, as listed below. </P>
                    <P>(b) Examples of file names are “AtlantaGANarrative SectionD_ABC.doc” and “NewYorkNYAttachment SectionM_KL.pdf.” Do not include spaces in the file names. Replace spaces with underscore marks. </P>
                    <P>(3) Summary and Rating Factor Narrative Files. </P>
                    <P>
                        (a) In the Application Package, the form SF-424, “Application for Federal 
                        <PRTPAGE P="35858"/>
                        Assistance,” should be completed first. Other Exhibits are part of the Application Instructions that you will download from Grants.gov, which are described in Sections IV.B.5 through 6 and in the “Rating Factors,” Section V.A of this NOFA. The following instructions apply to those Narrative Exhibits. 
                    </P>
                    <P>(b) Each narrative submission file must be formatted so it can be read by MS Word (version 9 or earlier). </P>
                    <P>(c) Each Narrative Exhibit, for each section of the application, should be contained in a separate file, as listed in Section IV.A.3.d of this NOFA, directly below. </P>
                    <P>(d) Narrative Exhibit Title Pages. HUD will use title pages to identify each section of the application. Each Narrative Exhibit file should contain one title page (the first page of the file. Do not create title pages separately from the documents they go with). Provided the information on the title page is limited to the list in section (i) below, the title pages will not be counted when HUD determines the length of each Narrative Exhibit, or the overall length of the Narrative Exhibits. </P>
                    <P>(i) Each title page should contain only: </P>
                    <P>
                        (A) The name of the Narrative Exhibit, as described in “File Names,” Section IV.B.3.b.(2), above, 
                        <E T="03">e.g.</E>
                        , “Narrative Exhibit B: Executive Summary”; 
                    </P>
                    <P>(B) The name of the applicant; and </P>
                    <P>(C) The name of the file that contains the Narrative Exhibit. </P>
                    <P>(4) Entering Narrative Files into the Application. </P>
                    <P>(a) Each narrative submission file must be formatted so it can be read by MS Word (version 9 or earlier). </P>
                    <P>(b) To be included in the application, each file must be entered into the Grants.gov “Project Narrative Attachment Form” located in the Mandatory Documents area of the “Grant Application Package.” </P>
                    <P>(i) After the form is open, enter your first file as the “Mandatory Project Narrative File.” Add subsequent files, if any, as “Optional Project Narrative Files” by clicking on “Attach” in the Attachments window. </P>
                    <P>(5) Attachment Files. </P>
                    <P>(a) In the Grants.gov Grant Application Package, certain form Attachments have been converted into documents for completion by the applicant on the screen. The applicant must simply fill these forms in and submit them. Other Attachments are part of Grants.gov Application Instructions and are defined in this Section IV of this NOFA. The following instructions apply to those Attachments. </P>
                    <P>(b) Each Attachment file must be formatted so it can be read by MS Word (.doc), MS Excel (.xls) or Adobe Acrobat (.pdf). See the General Section for format version specifications. </P>
                    <P>
                        (c) Downloaded files, 
                        <E T="03">e.g.</E>
                        , forms HUD-52861 and HUD-52825A, should be submitted in their original format. 
                    </P>
                    <P>
                        (d) Existing and third-party documents, 
                        <E T="03">e.g.</E>
                        , Main Street Plan, maps, and drawings, should be submitted in Adobe Acrobat (.pdf) format, or faxed using the HUD Facsimile Transmittal (HUD-96011) form. 
                    </P>
                    <P>(e) You must complete these Attachments in stand-alone computer applications, such as MS Excel. To include these downloaded Attachments in the application, you must enter each Attachment's file into the Grants.gov “Other Attachments Form,” which is located in the Mandatory Documents area of the Grant Application Package. </P>
                    <P>(i) After the form is open, enter your first file as the “Mandatory Other Attachment.” Add subsequent files, if any, as “Optional Other Attachments” by clicking on “Attach” in the Attachments window. </P>
                    <P>c. Maximum Length of Application. </P>
                    <P>(1) There is no overall maximum application length. However, there are maximum page limits for specific parts of the application. Pages beyond the below listed limits will not be reviewed. Page limits are as follows: </P>
                    <P>(a) All of the Narrative Sections' responses together, including the Rating Factor responses, are limited to a maximum of 20 pages; </P>
                    <P>(b) The Program Schedule is limited to a maximum of one page; </P>
                    <P>(c) The Main Street Area Map, including identification of all project sites, is limited to a maximum of one page. The map may be hand-drawn, but must be approximately to scale and must be of sufficient quality to be legible at 11″ x 17″ printed size. Computer-Aided Design software is not necessary; </P>
                    <P>(d) The representative affordable housing unit layout is limited to a maximum of one page; and </P>
                    <P>(e) Applicant Team Resumes are limited to a maximum of five pages. More than one resume may be placed on each page. </P>
                    <P>(2) Page Definition and Layout. </P>
                    <P>
                        (a) A page is the electronic equivalent of an 8
                        <FR>1/2</FR>
                        ″ x 11″ paper page, with one-inch top, bottom, left, and right margins. 
                    </P>
                    <P>
                        (b) For .doc files, a “page” contains a maximum of 23 double-spaced lines. The length of each line is limited to 6
                        <FR>1/2</FR>
                         inches. The font must be 12-point Times New Roman. Each page must be numbered. The page numbers may be within the bottom one inch of the page, 
                        <E T="03">e.g.</E>
                        , in the footer area. 
                    </P>
                    <P>(c) Third-party and existing documents converted into PDF format may retain their original page layout. They must not be shrunk to fit more than one original page on each application page. To add page numbers to PDF files using Adobe Acrobat 6, click on Document; Add Headers &amp; Footers; Footer; Align Right; and Insert Page Number. Page numbers may also be added manually. </P>
                    <P>(d) Pages of HUD forms and certification formats furnished by HUD must remain as numbered by HUD. These forms do not count toward any page limits. </P>
                    <P>d. List of Application Sections and Related Documents. </P>
                    <P>(1) Summary Information: </P>
                    <P>(a) Section A: Application for Federal Assistance, form SF-424; </P>
                    <P>(b) Section B: Executive Summary; </P>
                    <P>(2) Rating Factor Responses: </P>
                    <P>(a) Section C: Rating Factor 1, Capacity, Narrative Response; </P>
                    <P>(b) Section D: Rating Factor 3, Readiness and Appropriateness of the Main Street affordable housing project, Narrative Response; </P>
                    <P>(c) Section E: Rating Factor 4, Program Administration and Fiscal Management, Narrative Response; </P>
                    <P>(d) Section F: Rating Factor 5, Incentive Criteria on Regulatory Barrier Removal (HUD Community Initiative (information required by form HUD-27300), Narrative Response; </P>
                    <P>(3) Attachments: </P>
                    <P>(a) Section G: Readiness Certifications and Documents; </P>
                    <P>(b) Section H: Program Schedule; </P>
                    <P>(c) Section I: HOPE VI Main Street Application Data Sheet, form HUD-52861; </P>
                    <P>(d) Section J: HOPE VI Budget, form HUD-52825A; </P>
                    <P>(e) Section K: 5-Year Cash Flow Proforma; </P>
                    <P>(f) Section L: Map of Main Street Area; </P>
                    <P>(g) Section M: Site Plan and Typical Unit Layout; </P>
                    <P>(h) Section N: HUD Community Initiative, form HUD-27300 (Narrative includes explanation and background); </P>
                    <P>(i) Section O: Certification of Consistency with the RC/EZ/EC-IIs Strategic Plan, form HUD-2990, if applicable; </P>
                    <P>(j) Section P: Program Outcome Logic Model, form HUD-96010 (including indicators, outcomes and related items obtained in accordance with Section VI.C of the General Section); </P>
                    <P>(k) Section Q: Code of Conduct (including distribution methodology); </P>
                    <P>
                        (l) Section R: Applicant/Recipient Disclosure Report, form HUD-2880, 
                        <PRTPAGE P="35859"/>
                        (“HUD Applicant Recipient Disclosure Report” on Grants.gov) if applicable; 
                    </P>
                    <P>(m) Section S: Disclosure of Lobbying Activities, Standard Form LLL, if applicable; </P>
                    <P>(n) Section T: HUD-96011 Third Party Documentation Facsimile Transmittal (“Facsimile Transmittal Form” on Grants.gov) (to be used to transmit third-party documents as part of your electronic application, if applicable); and </P>
                    <P>(o) Section U: HUD-2994, You Are Our Client Grant Applicant Survey (optional) </P>
                    <P>
                        4. Threshold Documentation. Threshold documentation requirements are limited to those stated in “Thresholds,” Section III.C.2, “Certification of Certain Thresholds,” Section III.C.3, of this NOFA, and 
                        <E T="03">“Conducting Business in Accordance with Core Values and Ethical Standards,” in Section III.C of the General Section.</E>
                    </P>
                    <P>5. Summary and Attachment Documentation. </P>
                    <P>a. Executive Summary. </P>
                    <P>(1) Provide an Executive Summary. Describe your affordable housing plan. State whether: (1) You have procured (or will procure) a developer, (2) you will act as your own developer, or (3) you will not use a developer because your housing project is not complex enough to warrant one. Briefly describe: </P>
                    <P>
                        (a) The type of housing, 
                        <E T="03">e.g.</E>
                        , walk-up above retail space, detached house, etc.; 
                    </P>
                    <P>(b) The number of units and buildings; </P>
                    <P>(c) The description of the Main Street Area that surrounds the Main Street affordable housing project. Include income mix, basic features (such as restoration of streets), and a general description of mixed-use and non-housing Main Street rejuvenation components; </P>
                    <P>(d) The number of homeownership units in your proposal, if any; </P>
                    <P>(e) The amount of HOPE VI funds you are requesting. (See Section IV.E of this NOFA for funding limits); and </P>
                    <P>(f) A list of major non-HOPE VI funding resources for the Main Street affordable housing project and the Main Street Area rejuvenation effort as a whole. </P>
                    <P>b. Readiness (Site Control, Zoning, and Developer/Construction Agreement). See “Rating Factor Documentation,” Section 6, below. </P>
                    <P>c. Program Schedule. The application requires a Program Schedule for the applicant's Project. The Program Schedule must reflect the Reasonable Time-Frame and Development Proposal time requirements stated in Section VI.B of this NOFA. </P>
                    <P>d. HOPE VI Main Street Application Data Sheet, form HUD-52861, in MS Excel format (.xls). </P>
                    <P>(1) This form consists of several Excel worksheets. Each worksheet requires information that is necessary for the applicant to meet thresholds, obtain rating points, or determine the maximum grant amount. Instructions for completing the data worksheets are located in the left-hand worksheet, with the tab name, “Instructions.” The worksheets should be completed from the left-most tab toward the right. In this way, the information that the applicant provides will automatically be inserted to the right into other worksheets, as needed. </P>
                    <P>(2) Unit Mix. This worksheet will be HUD's primary source of information on the Main Street affordable housing project's unit number and type. This information also feeds into the calculations for maximum grant amount. </P>
                    <P>(3) Construction Sources and Uses. This worksheet contains the planned costs and funding resources that will exist during the construction period. That is, if a construction loan will be obtained, it would be included here along with other financing that will be expended during the construction and rent-up period, including grant funds used in construction. A permanent mortgage would not be included here. </P>
                    <P>(4) Permanent Sources and Uses. This worksheet contains the planned costs and long-term financing that will be used to develop the Main Street affordable housing project. Tax credit equity, permanent mortgages, grant funds that will be used in construction, rent-up, developer fee, etc., would be included here. </P>
                    <P>(5) TDC (Total Development Cost). </P>
                    <P>(a) The maximum amount of the grant must be based on HUD's published TDC per unit developed. See HUD's Notice PIH-2006-22 (HA), “Public Housing Development Cost Limits.” </P>
                    <P>(b) HUD has developed TDCs for larger cities, metropolitan statistical areas and primary metropolitan statistical areas (MSA/PMSA), and some counties. HUD has not developed TDCs for all small, nonmetropolitan cities and towns. Therefore, the applicant may have to contact its closest HUD Field Office to find out of which county/parish or MSA/PMSA it is considered a part. </P>
                    <P>(6) Match. In order to meet HOPE VI's statutory 5 percent match threshold, the applicant must enter match resource information in this worksheet. If a resource is not listed in this worksheet, the amount will not be included in HUD's calculation of match, and the application may be barred from rating, ranking, and award. (Note that the applicant must also provide a commitment letter for each match resource. See “match,” Section III.B of this NOFA.) </P>
                    <P>(a) For each of the applicant's match resources, the applicant must include in this form: </P>
                    <P>(i) The name of the entity providing the resource; </P>
                    <P>(ii) The name of a contact for the entity providing the resource who is familiar with the contribution toward this application; </P>
                    <P>(iii) The telephone number of a contact for the resource who is familiar with the contribution toward this application; </P>
                    <P>(iv) The match amount; </P>
                    <P>(v) Whether the match amount is cash or in-kind services; and </P>
                    <P>(vi) A letter from the entity that is furnishing the match, including items (i) through (v) above and signed by an authorized individual, stating that the match is firmly committed. </P>
                    <P>(vii) All columns, except the last, “Leverage Period More than 2 Years,” must be completed. </P>
                    <P>(b) Match may only include resources to fund the Main Street affordable housing project. The applicant must enter all match resource information in this worksheet. If a resource is not listed in this worksheet, the amount will not be included in HUD's calculation of the match amount. (Note that the applicant must also provide a commitment letter for each match resource.) </P>
                    <P>(7) Leverage. Leverage is a HOPE VI program requirement of cash or in-kind services that have been firmly committed to the Main Street affordable housing project or the Main Street Area refurbishment. </P>
                    <P>(a) For each of the applicant's Leverage resources, the applicant must include in this form: </P>
                    <P>(i) The name of the entity providing the resource; </P>
                    <P>(ii) The name of a contact for the entity providing the resource who is familiar with the contribution toward this application; </P>
                    <P>(iii) The telephone number of a contact for the resource who is familiar with the contribution toward this application; </P>
                    <P>(iv) The leverage amount; </P>
                    <P>(v) Whether the leverage amount is cash or in-kind services; </P>
                    <P>(vi) A letter from the entity that is furnishing the Leverage, including items (i) through (v) above, signed by an authorized individual, stating that the Leverage is firmly committed; and </P>
                    <P>
                        (vii) All columns, except the last, “Leverage Period More than 2 Years,” must be filled in. 
                        <PRTPAGE P="35860"/>
                    </P>
                    <P>e. HOPE VI Budget. Enter the amount you are requesting through this NOFA. Typically, HOPE VI assists PHAs. With the Main Street program, HOPE VI is assisting local governments. Because of this, the HOPE VI Budget form refers to PHAs instead of local governments. In “Part I: Summary,” in the “PHA” space, enter the applicant's name as stated on the form SF-424. Also complete the column entitled, “Revised Overall HOPE VI Budget for All Project Phases.” It is not necessary to fill in the other columns. In “Part II: Supporting Pages,” in the “PHA” space, enter the applicant's name as stated on the form SF-424 and complete only columns two and three. </P>
                    <P>
                        f. Cash Flow Proforma. The applicant must include a 5-year estimate of project income, expenses, and cash flow (“proforma”) that shows that the project will be financially viable over the long term. The proforma should show the affordable rents for the period of the INITIAL occupancy and the affordable or market rents (set at the discretion of the grantee) for subsequent occupants. Note that initial funding of reserves with grant funds is NOT an allowable use of funds from this NOFA, 
                        <E T="03">e.g.</E>
                        , a rental reserve to support initial affordable income. Reserves may be funded through leverage resources. 
                    </P>
                    <P>g. Map of Main Street Area. The drawing must denote the boundaries of a Main Street Area and denote each housing site that is included in the applicant's project. The map should be grayscale for printing on a black-and-white printer. Boundaries and site(s) should be delineated with black lines. The boundaries may include streets, highways, railroad tracks, etc., and natural boundaries such as streams, hills, and ravines, etc. The map may be hand-drawn and should be approximately to scale. The purpose of this drawing is to define the area where firmly committed leverage resources that are included in the application have been, or will be, expended. </P>
                    <P>h. Site Plan and Typical Unit Layout. The applicant must include a drawing of the Main Street affordable housing project site plan and a typical unit layout. The drawings may be hand-drawn, should be approximately to scale, and should be in grayscale, for printing on a black-and-white printer. The purpose of these drawings is to determine if the building and unit configuration look feasible and fulfill generally acceptable housing standards. </P>
                    <P>i. America's Affordable Communities Initiative, form HUD-27300. See “Reviews and Selection Process,” Section V.B of the General Section. </P>
                    <P>j. Certification of Consistency with the RC/EZ/EC-IIs Strategic Plan, form HUD-2990. See “Rating Factor Documentation,” below. </P>
                    <P>k. Logic Model. The applicant must complete the form HUD-96010, “Logic Model,” in accordance with the “Logic Model Instructions” in the General Section. </P>
                    <P>6. Rating Factor Documentation. </P>
                    <P>a. Rating Factor 1—Capacity. </P>
                    <P>(1) Team Experience. This Rating Factor will be based upon the applicant's narrative description of the various types and extent of experience that each of its Team members has accumulated. Information from other sections of the application that reflect on the Team's capacity also will be weighed for this Rating Factor. The stated experience will be reviewed to determine if the Team has successfully completed similar projects. It will also be reviewed to determine how similar those projects were to the activities that will be performed under a grant from this NOFA. At a bare minimum, the following should be included: </P>
                    <P>(a) A list and short description of affordable housing projects that the members of the applicant's team have completed; and </P>
                    <P>(b) A list and short description of contracts or grants completed by the members of the applicant's Team for similar housing development or services. </P>
                    <P>(2) Key Personnel Knowledge. Key personnel are those Team members that must remain part of the team in order for the Team to complete the activities required by a grant under this NOFA. As examples, key personnel may include the developer, if complex financing methods are necessary to complete the grant activities; or the owner of the property that is going to be rehabilitated, if it will remain in his possession; or an affordable housing intermediary that is going to manage the activities of other Team members. On the other hand, a specific accountant would not be key to grant completion. Knowledge may come from experience or from education. The quality and amount of knowledge that key personnel have will be weighed by this Rating Factor. As an example, short resumes would contain this type of information. </P>
                    <P>b. Rating Factor 2—Need for Affordable Housing. NO DOCUMENTATION IS NECESSARY FOR THIS RATING FACTOR. </P>
                    <P>(1) HUD reviewers will derive the need for affordable housing based on a comparison of HUD's Fair Market Rent (FMR) for the applicant's primary metropolitan statistical area/metropolitan statistical area (PMSA/MSA) or nonmetropolitan county/parish and the maximum amount of rent that a very low-income family living in that PMSA/MSA or nonmetropolitan county/parish can afford to pay. In performing the comparison, HUD will compare the FMR for a three-bedroom unit to the rent that would be paid by a four-person, very low-income family. </P>
                    <P>
                        (2) PMSA/MSAs and nonmetropolitan counties/parishes documentation on the FMRs are listed at 
                        <E T="03">http://www.huduser.org/datasets/fmr.html</E>
                        .
                    </P>
                    <P>
                        (3) The FMRs are listed at 
                        <E T="03">http://www.huduser.org/intercept.asp?loc=/datasets/fmr/fmr2007P/FY2007P_ScheduleB.pdf</E>
                        . 
                    </P>
                    <P>
                        (4) The maximum, affordable very low-income rent is based on HUD's Income Limits, which can be obtained at 
                        <E T="03">http://www.huduser.org/datasets/il/il2007_docsys.html</E>
                         for very low-income families. The initial occupant must not pay more in rent than a public housing resident at a HOPE VI development, which is 30 percent of one-twelfth of the listed income limit for a very low-income family. 
                    </P>
                    <P>c. Rating Factor 3—Readiness and Appropriateness of the Main Street Affordable Housing Project. </P>
                    <P>(1) Site Control, Zoning, and Developer/Construction Agreement. </P>
                    <P>(a) Evidence of Site Control should be included in the application's Readiness Attachment Exhibit: </P>
                    <P>(i) For site(s) that WILL NOT be conveyed to perform under a grant from this NOFA: </P>
                    <P>(A) A copy of the site's deed that shows ownership by the applicant or a Team member; or </P>
                    <P>(B) A certification signed by the applicant's Mayor, City Registrar, or other authorized city employee, stating that the applicant has the legal authority to perform the proposed and the required activities of a grant from this NOFA on the site(s). </P>
                    <P>(ii) For sites that WILL be conveyed in order to perform under a grant from this NOFA, the first page and execution page of the agreement, contract, sales contract, sales option, or other document that gives the applicant the legal authority to perform the proposed and required activities of a grant from this NOFA on the site(s). </P>
                    <P>
                        (2) For Zoning, the application's Readiness Attachment Exhibit should include a certification from the appropriate local official, 
                        <E T="03">e.g.</E>
                        , local government engineer, zoning/land-use official (not necessarily the Mayor), documenting that either: 
                    </P>
                    <P>
                        (a) All required land-use approvals for developed and undeveloped land have been secured; or 
                        <PRTPAGE P="35861"/>
                    </P>
                    <P>
                        (b) The request for such approval(s) is on the agenda for the next meeting of the appropriate authority in charge of land use, 
                        <E T="03">e.g.</E>
                        , zoning board, city council. This document must include the date of the meeting. 
                    </P>
                    <P>(3) For Developer/Construction Agreement, the application's Readiness Attachment Exhibit should include one of the following: </P>
                    <P>(i) A description in the Rating Factor Narrative of activities that the applicant Team has performed in order to obtain a developer, construction manager, or construction contractor. These may include discussions, procurement processing, etc., that the applicant has completed. The description should also contain a description of the activities that have not been, and must be, completed to sign an agreement with such a Team member or contractor to perform the proposed and required grant activities. Note that under 24 CFR 50.3, the grantee must not enter into a binding agreement for choice-limiting actions until HUD completes an environmental review. </P>
                    <P>(ii) If the applicant has entered into a binding contract before submitting an application for activities that may be partially funded by a grant from this NOFA, the applicant must state so in the application. Note that, prior to HUD's completion of its environmental review, funds from this NOFA must not be committed or used to fund construction activities that started under a binding contract that was executed before application submission. </P>
                    <P>(4) Leverage. The applicant must provide leverage funds/in-kind services that are firmly committed to the Main Street rejuvenation effort. This leverage may include leverage specifically committed to development of the Main Street affordable housing project. This leverage demonstrates statutorily required government and private-sector community support. Leverage does NOT need to be expended on affordable housing uses. Leverage may include infrastructure and other government expenditures that have occurred since the Main Street rejuvenation effort began. See “Definitions,” Section I.D and “Program Requirements,” Section III.C of this NOFA for more information about Leverage. </P>
                    <P>(a) To be counted as Leverage, the application must contain a letter from the leverage resource. The letter must be in writing and signed by a person authorized to make the commitment, and must explicitly state: </P>
                    <P>(i) The amount of the leverage; and </P>
                    <P>(ii) That the leverage has been or will be expended on the Main Street Area rejuvenation effort. </P>
                    <P>(b) To be counted as Leverage, the resource must also be included on pages 12 and 13 of the “HOPE VI Main Street Application Data Sheet,” form HUD-52861. All columns, except the last, “Leverage Period More than 2 Years,” must be filled in. No narrative discussion of Leverage is necessary. </P>
                    <P>(c) Funds/in-kind services that are included as match resources CANNOT be included in Leverage and should not be duplicated in Leverage documentation. </P>
                    <P>(5) Retention of Historic or Traditional Architecture. The Rating Factor Narrative Exhibit should include the age of, and restoration work being done to, façades that are part of the Main Street affordable housing project, along with other significant preservation or restoration that has taken place or is planned as part of the rest of the Main Street Area rejuvenation effort. </P>
                    <P>(6) Section 3. The Rating Factor Narrative Exhibit should contain a Section 3 plan that must include at least the general methods that the applicant will use to comply with implementing regulations at 24 CFR part 135 and give job training, employment, contracting, and other economic opportunities to Section 3 residents and Section 3 business concerns. A Section 3 plan that exceeds this may contain more specific information, e.g., goals by age group, types of jobs, and other opportunities to be provided by the applicant, and plans for tracking and evaluation of goals. To include Logic Model Section 3 information in the Section 3 plan, the applicant should make reference to such information in the Section 3 Narrative. </P>
                    <P>(7) Energy Star. The Rating Factor Narrative Exhibit should include examples of any of the following Energy Star activities that will be performed under a grant from this NOFA: </P>
                    <P>(a) It will use Energy Star-labeled products; </P>
                    <P>(b) It will promote Energy Star design of affordable units; and </P>
                    <P>(c) If the application includes the development of homeownership units, it will include Energy Star in required homeownership counseling. </P>
                    <P>d. Rating Factor 4—Program Administration and Fiscal Management. </P>
                    <P>(1) Documentation that demonstrates program administration and fiscal management MUST include a list of any findings issued or material weaknesses found by HUD or other Federal or State agencies. If any of these exist, documentation must also include a description of how the applicant addressed the findings and/or weaknesses. If no findings or material weaknesses were exposed or existed on or before the publication date of this NOFA, include a statement to that effect in the narrative. HUD will consider this statement an applicant's certification of fact. </P>
                    <P>(2) Program Schedule. The Program Schedule should contain all of the milestones stated in “Administrative Requirements,” Section VI.B of this NOFA. The Narrative Exhibit for this Rating Factor should describe the methodology used in developing the schedule, including the parties that were contacted and contributed information to the applicant. </P>
                    <P>(3) Development, Financial, and Fiscal Management. The Rating Factor narrative should include identification of the Team members, their positions in the team, and the methods they will use to manage: </P>
                    <P>(a) General administration of the grant activities and reporting; </P>
                    <P>(b) Construction activities, including inspections; </P>
                    <P>(c) Leverage and match resources to guarantee fulfillment of commitments; </P>
                    <P>(d) Accounting and distribution of grant funds; and </P>
                    <P>(e) Local, State, and Federal procurement requirements of the applicant government. </P>
                    <P>(4) Tracking and Reporting. The grantee will be required to submit quarterly reports to HUD using a HUD-developed, on-line data input system. The application's Rating Factor Narrative Exhibit should describe the method that the applicant will use to collect production information and the type of computers and Internet access that the applicant Team possesses. </P>
                    <P>e. Rating Factor 5—Incentive Criteria on Regulatory Barrier Removal. </P>
                    <P>(1) The applicant must include the completed form HUD-27300 in the application, along with background documentation where required by the form, in order to receive up to 2 policy priority points for removal of barriers to affordable housing. See Section V.B of the General Section. </P>
                    <P>f. Rating Factor 6—RC/EZ/EC-IIs. </P>
                    <P>(1) To receive up to two bonus points for performing the NOFA activities in a RC/EZ/EC-II area, the applicant must complete, sign, and submit the “Certification of Consistency with RC/EZ/EC Strategic Plan” (form HUD-2990) as part of the application and meet the requirements of the General Section. </P>
                    <P>
                        C. 
                        <E T="03">Submission Dates and Times.</E>
                    </P>
                    <P>
                        1. Application deadline date. Electronic applications must be received and validated by Grants.gov by 11:59:59 p.m. eastern time on the application deadline date. If a waiver to the electronic submission is granted, paper copy applications must be received by 
                        <PRTPAGE P="35862"/>
                        the application deadline date. See the General Section and Section IV.F below. 
                    </P>
                    <P>2. No Facsimiles or Videos. HUD will not accept for review, evaluation, or funding any entire application sent by facsimile (fax). However, third-party documents or other materials sent by facsimile in compliance with the instructions under Section IV of the General Section, and that are received by the application deadline date will be accepted. Also, videos submitted as part of an application will not be viewed. </P>
                    <P>
                        D. 
                        <E T="03">Intergovernmental Review.</E>
                    </P>
                    <P>
                        1. Executive Order 12372, Intergovernmental Review of Federal Programs. Executive Order 12372 was issued to foster intergovernmental partnership and strengthen federalism by relying on State and local processes for the coordination and review of Federal financial assistance and direct Federal development. HUD implementing regulations are published in 24 CFR part 52. The executive order allows each State to designate an entity to perform a State review function. The official listing of State Points of Contact (SPOCs) for this review process can be found at 
                        <E T="03">http://www.whitehouse.gov/omb/grants/spoc.html.</E>
                         States not listed on the Web site have chosen not to participate in the intergovernmental review process and, therefore, do not have a SPOC. If the applicant's State has a SPOC, the applicant should contact it to see if it is interested in reviewing the application prior to submission to HUD. The applicant should allow ample time for this review process when developing and submitting the applications. If the applicant's State does not have a SPOC, the applicant may send applications directly to HUD. 
                    </P>
                    <P>
                        E. 
                        <E T="03">Funding Restrictions.</E>
                    </P>
                    <P>1. Grant funds must only be used to provide assistance to carry out eligible affordable housing activities, as stated in Section III.C of this NOFA. </P>
                    <P>2. HOPE VI funds may not be used to meet the match requirement. </P>
                    <P>3. Non-allowable Costs and Activities. Grant funds awarded through this NOFA must not be expended on: </P>
                    <P>a. Total demolition of a building (including where a building foundation is retained); </P>
                    <P>b. Sale or lease of the Main Street affordable housing project site, excluding: </P>
                    <P>(1) Long-term lease or transfer of title for the purposes of obtaining tax credits or implementation of extended use restrictions, provided that the recipient owner entity of the title or lease includes the applicant; </P>
                    <P>
                        (2) Transfer of title from a private owner to the applicant for deminimus consideration, 
                        <E T="03">e.g.</E>
                        , $1; 
                    </P>
                    <P>(3) Acquisition of land or property for the purpose of developing, reconfiguring, or rehabilitating affordable housing units; </P>
                    <P>c. Funding of project reserves of any type; </P>
                    <P>d. Payment of the applicant's administrative costs; </P>
                    <P>e. Payment of any and all legal fees; </P>
                    <P>f. Development of public housing replacement units (defined as units that replace disposed of or demolished public housing); </P>
                    <P>g. Housing Choice Vouchers; </P>
                    <P>h. Transitional security activities; </P>
                    <P>i. Main Street technical assistance consultants or contracts; and </P>
                    <P>j. Costs incurred prior to grant award, including the cost of application preparation. </P>
                    <P>4. Cost Controls. </P>
                    <P>
                        a. The total amount of HOPE VI funds expended shall not exceed the TDC, as published by HUD in Notice PIH 2006-22 (HA), “Public Housing Development Cost Limits,” for the number of affordable housing units that will be developed through this NOFA. The TDC limits can be found through HUD's HUDClips Web site at 
                        <E T="03">http://www.hudclips.org/sub_nonhud/cgi/ nph-brs.cgi?d=PIHN&amp;s1=(06-22)[no]&amp;op1 =AND&amp; l=100&amp;SECT1=TXT_HITS&amp; SECT5=HEHB&amp;u=./hudclips.cgi&amp; p=1&amp;r=1&amp;f=G</E>
                        . This information is also included as background data in form HUD-52861, “HOPE VI Main Street Application Data Sheet.” 
                    </P>
                    <P>b. Cost Control Safe Harbors apply. Grantees must comply with HOPE VI Main Street Cost Control and Safe Harbor Standards, as follows: </P>
                    <P>(1) Developer Fee Safe Harbor. The HOPE VI Main Street Safe Harbor for the developer fee is 9 percent or less of total Main Street affordable housing project costs that are funded by grant funds or leverage funds included in the NOFA application (less the total amount of all reserve accounts and less the developer fee, itself.) The maximum developer fee is 12 percent of total Main Street affordable housing project costs that are funded by grant funds or leverage funds included in the NOFA application. Any fee above the 9 percent safe harbor must be justified and approved by HUD in advance. Possible justifications for exceeding the 9 percent safe harbor include: </P>
                    <P>(a) Developer independently obtains project financing, including tax credits. The more sources of financing, the greater the justification for a higher developer fee; </P>
                    <P>(b) Developer obtains site control from an entity other than the Grantee. The more sites acquired the greater the justification for a higher developer fee; </P>
                    <P>
                        (c) The project is complex (
                        <E T="03">e.g.</E>
                        , in financial, legal, environmental, and/or political terms.) 
                    </P>
                    <P>(d) The developer bears more than 25 percent of the predevelopment costs; </P>
                    <P>(e) The developer fee is deferred or paid out of positive cash flow from the project; </P>
                    <P>(f) The developer guarantee(s) is for a large dollar amount in proportion to the project size and/or the guarantee(s) is for a long term. </P>
                    <P>(2) General Contractor Fee Safe Harbor. The HOPE VI Main Street Safe Harbor for the general contractor fee is as follows: </P>
                    <P>(a) General Requirements: 6 percent of hard-costs (including contingency and bond premium); </P>
                    <P>(b) Overhead: 2 percent of hard-costs plus general requirements; </P>
                    <P>(c) Profit: 6 percent of hard-costs, general requirements, and overhead; </P>
                    <P>(d) The maximum Safe Harbor for these combined costs is 14 percent, unless adequate justification is provided to HUD. </P>
                    <P>5. Community and Supportive Services (“CSS”). Furnishing CSS to residents is voluntary, except for homeownership counseling when the application includes development of homeownership units. If the applicant chooses to furnish CSS, expenditures are limited to 15 percent of the grant amount. </P>
                    <P>6. Statutory time limit for award, obligation, and expenditure. </P>
                    <P>a. The estimated award date will be 21 days after the application deadline date for this NOFA. </P>
                    <P>b. Funds available through this NOFA must be obligated (awarded) on or before September 30, 2007. </P>
                    <P>c. In accordance with 31 U.S.C. 1552 (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 935; Pub. L. 101-510, div. A, title XIV, Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat. 1676), all HOPE VI funds that were appropriated in FY 2006 must be expended by September 30, 2012, and funds appropriated in FY 2007 must be expended by September 30, 2013. Any funds that are not expended by these dates will be cancelled and recaptured by the United States Treasury, and thereafter will not be available for obligation or expenditure for any purpose. </P>
                    <P>
                        7. Withdrawal of Funding. If a grantee under this NOFA does not proceed within a reasonable time frame (in accordance with Section VI of this NOFA), HUD retains the right to unilaterally withdraw any grant amounts that have not been obligated by the grantee. HUD shall redistribute any 
                        <PRTPAGE P="35863"/>
                        withdrawn amounts to one or more other applicants eligible for assistance under the HOPE VI program. 
                    </P>
                    <P>8. Transfer of Funds. HUD has the discretion to transfer to any other HOPE VI program funds available through this NOFA. </P>
                    <P>9. Limitation on Eligible Expenditures. Expenditures on services, equipment, and physical improvements must directly relate to project activities allowed under this NOFA. </P>
                    <P>10. Pre-Award Activities. Award funds shall not be used to reimburse pre-award expenses. </P>
                    <P>
                        F. 
                        <E T="03">Other Submission Requirements.</E>
                    </P>
                    <P>1. Application Submission and Receipt Procedures. See Sections IV.B and F of the General Section. </P>
                    <P>2. Timely Receipt Requirements and Proof of Timely Submission. </P>
                    <P>
                        a. Electronic Submission. All electronic applications must be received and validated by 
                        <E T="03">http://www.grants.gov</E>
                         by 11:59:59 p.m. eastern time on or before the deadline date established for this NOFA. See Sections IV. B and F of the General Section. Applicants are advised to submit their applications at least 48 to 72 hours in advance of the deadline date and when the Grants.gov help desk is open so that any issues can be addressed prior to the deadline date and time. Please note that validation may take up to 72 hours. 
                    </P>
                    <P>b. Applications Receiving Waivers to Submit a Paper Copy Application. </P>
                    <P>(1) Requests for HUD to waive the requirement that NOFA applications be submitted electronically must be made in writing to: Department of Housing and Urban Development, Office of Public Housing Investments, Attention: Susan Wilson, Director, 451 Seventh Street, SW., Washington, DC 20410-5000. </P>
                    <P>(2) Waiver requests must include justification explaining why the application cannot be submitted electronically, and must be submitted no later than 15 days prior to the application deadline date. </P>
                    <P>(3) See Section IV of the General Section for additional information about waivers. </P>
                    <P>(4) Applicants granted a waiver of the electronic submission requirement must submit their applications, in their entirety, to the applicable HUD office by the application deadline date. Written notification of waiver approval will include information on mailing instructions and timely receipt of the application by HUD. HUD will not accept a paper application without a waiver being granted. </P>
                    <P>c. No Facsimiles of Entire Application. HUD will not accept fax transmissions from applicants who receive a waiver to submit a paper copy application. Paper applications must be complete and submitted, in their entirety, on or before the application deadline date. </P>
                    <P>3. General Section References. Section IV of the General Section is hereby incorporated by reference. </P>
                    <HD SOURCE="HD2">V. Application Review Information </HD>
                    <P>
                        A. 
                        <E T="03">Selection Criteria (Rating Factors)</E>
                        . 
                    </P>
                    <P>1. Rating Factor 1—Capacity (up to 25 points). This factor addresses whether the applicant Team has the capacity and organizational resources necessary to implement successfully the proposed activities within the grant period. Please do not include the Social Security Number of any Team member. </P>
                    <P>a. Past Experience (up to 15 points). </P>
                    <P>(1) The applicant will earn a maximum of 15 points if the applicant demonstrates that the applicant's Team has extensive experience of affordable housing development and historic preservation requirements; that is, that the applicant's Team has developed or rehabilitated housing projects, including BOTH affordable housing projects and National Register for Historic Preservation (NRHP) or traditional architecture projects over the past 3 years. </P>
                    <P>(2) The applicant will earn a maximum of 10 points if the applicant demonstrates that the applicant's Team has superior experience of affordable housing development and historic preservation requirements; that is, that the applicant's Team has developed or rehabilitated housing projects, including EITHER affordable housing projects OR NRHP or traditional architecture projects over the past 3 years. </P>
                    <P>(3) The applicant will earn a maximum of 5 points if the applicant demonstrates that the applicant team has adequate experience in housing development; that is, that the applicant's Team has developed or rehabilitated more than one housing project over the past 3 years. </P>
                    <P>(4) The applicant will earn a maximum of 0 points if the applicant cannot demonstrate that its team has at least adequate experience in housing development. </P>
                    <P>b. Knowledge of Key Personnel (up to 10 points). </P>
                    <P>(1) The applicant will earn a maximum of 10 points if the applicant demonstrates that its key personnel have extensive knowledge in the development or rehabilitation of housing projects, including BOTH affordable housing projects AND NRHP or traditional architecture projects. </P>
                    <P>(2) The applicant will earn a maximum of 5 points if the applicant demonstrates that the applicant Team's key personnel have adequate knowledge in the development or rehabilitation of housing projects, including EITHER affordable housing projects OR NRHP or traditional architecture projects. </P>
                    <P>(3) The applicant will earn a maximum of 0 points if the applicant cannot demonstrate that its key personnel have adequate knowledge in the development or rehabilitation of housing projects, including EITHER affordable housing projects OR NRHP or traditional architecture projects. </P>
                    <P>2. Rating Factor 2—Need for Affordable Housing (up to 10 points). </P>
                    <P>a. For the applicant's PMSA/MSA or nonmetropolitan county/parish, if the ratio of the maximum affordable rent for a three-person very low-income family to the FMR of a two-bedroom size unit (affordable rent divided by FMR) is equal to or less than 0.9, the applicant will receive 10 points. Affordable rent is 30 percent of the Income Limit for a very low-income family, divided by 12 (months per year). </P>
                    <P>b. For the applicant's PMSA/MSA or nonmetropolitan county/parish, if the ratio of the maximum affordable rent for a three-person, very low-income family to the FMR of a two-bedroom size unit (affordable rent divided by FMR) is greater than 0.9, but less than or equal to 1.2, the applicant will receive 5 points. Affordable rent is 30 percent of the Income Limit for a very low-income family, divided by 12 (months per year). </P>
                    <P>c. For the applicant's PMSA/MSA or nonmetropolitan county/parish, if the ratio of the maximum affordable rent for a 3-person very low-income family to the FMR of a two-bedroom size unit (affordable rent divided by FMR) is greater than 1.2, the applicant will receive 0 points. Affordable rent is 30 percent of the Income Limit for a very low-income family, divided by 12 (months per year). </P>
                    <P>3. Rating Factor 3—Readiness and Appropriateness of the Main Street affordable housing project (up to 48 points). </P>
                    <P>a. Appropriateness and Feasibility of the Main Street Affordable Housing Project (up to 10 points). </P>
                    <P>(1) You will receive 10 points if your application demonstrates the following about your Main Street affordable housing project: </P>
                    <P>
                        (a) It is appropriate and suitable, in the context of the community and other affordable housing options, 
                        <E T="03">e.g.</E>
                        , rehabilitation versus new construction; 
                    </P>
                    <P>(b) Fulfills the needs of the Main Street Area rejuvenation effort; </P>
                    <P>
                        (c) Is marketable, in the context of local conditions; 
                        <PRTPAGE P="35864"/>
                    </P>
                    <P>(d) If the affordable housing units that will be developed under a grant from this NOFA are not a separable part of a larger development effort, and you include market-rate housing or retail structures in that larger development, you must provide a signed letter from an independent, third-party, market research firm real estate professional that describes its assessment of the demand and associated pricing structure for the proposed residential units and retail structures, based on the market and economic conditions of the Main Street Area; </P>
                    <P>(e) Is financially feasible, as demonstrated in the proforma and financial exhibits proposed in the application; </P>
                    <P>(f) Describes the cost controls that will be used in implementing the project, in accordance with the Funding Restrictions and Program Requirements sections of this NOFA; and </P>
                    <P>(g) Includes a completed TDC/Grant Limitations Worksheet in the application and follows the Funding Restrictions and Program Requirements sections of this NOFA. </P>
                    <P>(2) You will receive 5 points if your application demonstrates at least 3 of the criteria above. </P>
                    <P>(3) You will receive 0 points if your application does not demonstrate the criteria above or your application does not provide sufficient information to evaluate this factor. </P>
                    <P>b. Promotion and Marketing (2 Points). </P>
                    <P>(1) The applicant will receive 2 points if the application sets forth a plan to promote and market the Main Street Area rejuvenation effort to financiers, to other parties that may be involved in the rejuvenation effort, and to possible future residents of the Main Street affordable housing project, including (in accordance with affirmative fair housing marketing requirements) the population that is least likely to apply. </P>
                    <P>(2) The applicant will receive 0 points if the application does not include a discussion of promotion or marketing of the Main Street Area rejuvenation effort. </P>
                    <P>c. Readiness (Site Control, Zoning, and Developer/Construction Agreement) (up to 12 points). </P>
                    <P>(1) In order to perform the activities required under a grant from this NOFA, the applicant must: </P>
                    <P>(a) Have obtained site control of the Main Street affordable housing project site(s). (Note that an applicant that does not have site control prior to HUD's receipt of the application must not acquire title to any sites until completion of the HUD environmental review. In addition, any purchase option entered into after HUD receipt of the application must be contingent upon notification from HUD that the property is acceptable, following a HUD environmental review, and the cost of the option must be no more than a nominal portion of the purchase price); </P>
                    <P>(b) Have received local zoning approval that allows residential use of the Main Street affordable housing project site(s); and </P>
                    <P>(c) Have either: </P>
                    <P>(i) Begun discussions toward execution of an agreement or contract with a developer, construction manager, or construction company to develop the Main Street affordable housing project. (Note that under 24 CFR 50.3, the grantee must not enter into a binding agreement for choice-limiting actions until HUD completes an environmental review); or </P>
                    <P>(ii) Had such a contract in place, before application submission, to develop affordable housing that may be partially funded by this NOFA. (Note that, prior to HUD's completion of its environmental review, funds from this NOFA must not be committed or used to fund construction activities that started under a binding contract that was executed before application submission). </P>
                    <P>(2) Scoring: </P>
                    <P>(a) The applicant will receive 12 points if the application includes documentation demonstrating that (a), (b), and (c), above, has occurred. </P>
                    <P>(b) The applicant will receive 8 points if the application includes documentation demonstrating that any two of (a), (b), and (c), above, have occurred. </P>
                    <P>(c) The applicant will receive 4 points if the application includes documentation demonstrating that only one of (a), (b), and (c), above, has occurred. </P>
                    <P>(d) The applicant will receive 0 points if the application does not include documentation demonstrating that either (a), (b), and (c), above, has occurred. </P>
                    <P>d. Main Street Area Rejuvenation Leverage (up to 15 points). Main Street Area Leverage includes leverage used for activities related to the Main Street Area rejuvenation effort as a whole, along with leverage that will be used directly for allowable activities in the development of the Main Street affordable housing project. </P>
                    <P>(1) The applicant must provide leverage funds/in-kind services that are firmly committed to the Main Street rejuvenation effort as a whole, including leverage specifically committed to development of the Main Street affordable housing project. This Leverage must demonstrate government and private-sector community support for the Main Street Area rejuvenation effort. </P>
                    <P>(2) Match is NOT included in Leverage. Match is a separate, statutorily required contribution of funds. If a resource is listed as match in the “HOPE VI Main Street Application Data Sheet,” form HUD-52861, that is included in the application, HUD will not count that resource as Leverage. </P>
                    <P>(3) This Rating Factor measures the community support that the Main Street Area rejuvenation project has. </P>
                    <P>(4) Points are assigned based on the following scale, as a percent of the requested grant amount: </P>
                    <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="s50,8">
                        <TTITLE> </TTITLE>
                        <BOXHD>
                            <CHED H="1">Leverage as percent of grant amount </CHED>
                            <CHED H="1">
                                Points 
                                <LI>awarded </LI>
                            </CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Less than 75 percent of the requested grant amount </ENT>
                            <ENT>0 points </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Greater than or equal to 75 percent but less than 150 percent </ENT>
                            <ENT>5 points </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Greater than or equal to 150 percent but less than 225 percent </ENT>
                            <ENT>10 points </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">225 percent or more </ENT>
                            <ENT>15 points </ENT>
                        </ROW>
                    </GPOTABLE>
                    <P>e. Retention of Historic or Traditional Architecture (up to 6 points). </P>
                    <P>(1) The applicant will receive 6 points if the application demonstrates that the buildings in the project will maintain all of the historic or traditional architecture and design features on all floors of the buildings. </P>
                    <P>(2) The applicant will receive 3 points if the application demonstrates that the buildings in the project will retain some of the historic or traditional architecture and design features on some or all of the floors of the buildings. </P>
                    <P>(3) The applicant will receive 0 points if the application does not demonstrate that the buildings in the project will retain historic or traditional architecture and design features. </P>
                    <P>f. Economic Opportunities for Low- and Very-Low-Income Persons (Provision of Section 3) (up to 2 points). </P>
                    <P>
                        (1) HOPE VI grantees must comply with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Economic Opportunities for Low- and Very-Low-Income Persons in Connection with Assisted Projects) and its implementing regulations at 24 CFR 135.32, “Responsibilities of the recipient,” which can be found through 
                        <E T="03">http://www.gpoaccess.gov/cfr/index.html</E>
                        . One of the purposes of the assistance is to give, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, job training, employment, contracting, and other economic opportunities to Section 3 residents and Section 3 business concerns. 
                        <PRTPAGE P="35865"/>
                    </P>
                    <P>(2) The applicant will receive 2 points if the application includes a feasible plan to implement Section 3 that not only meets the minimum requirements, but also exceeds those requirements. </P>
                    <P>(3) The applicant will receive 0 points if the application does not include a feasible plan to implement Section 3 that not only meets the minimum requirements, but also exceeds those requirements. </P>
                    <P>g. Energy Star (up to 1 point). </P>
                    <P>(1) Promotion of Energy Star compliance is a HOPE VI Main Street program goal. See “Program Requirements,” Section III.C of this NOFA. </P>
                    <P>(2) You will receive 1 point if your application demonstrates that you will: </P>
                    <P>(a) Use Energy Star-labeled products; </P>
                    <P>(b) Promote Energy Star design of affordable units; and </P>
                    <P>(c) If your application includes the development of homeownership units, include Energy Star in required homeownership counseling. </P>
                    <P>(3) You will receive 0 points if your application does not demonstrate that you will perform (a) and (b) above, and, if applicable, (c) above. </P>
                    <P>4. Rating Factor 4-Program Administration and Fiscal Management (up to 15 points). </P>
                    <P>a. Program Schedule (up to 5 points). </P>
                    <P>(1) The applicant may receive a maximum of 5 points if the applicant demonstrates that the milestones in the Program Schedule are realistic and achievable; that is, that the application demonstrates that the applicant has performed the following actions and, where applicable, has obtained information that was used in developing the Program Schedule: </P>
                    <P>(a) Contacted the State Historic Preservation Officer, the local HUD Field Office, architects, materials suppliers, and other parties that milestones depend upon, to ensure that the milestones can reasonably be met; </P>
                    <P>(b) Checked to see if any litigation or court orders exist that will affect the milestones; and </P>
                    <P>
                        (c) Prepared a chart that states the estimated production milestones, their relative time frames, and each milestone's time to completion, 
                        <E T="03">e.g.</E>
                        , in a Gantt Chart. 
                    </P>
                    <P>(2) The applicant may receive a maximum of 3 points if the applicant has performed two of the three actions in (a) through (c) above and, where applicable, has obtained information that was used in developing the Program Schedule. </P>
                    <P>(3) The applicant will receive 0 points if the applicant has not performed at least two of the three actions in (a) through (c) above. </P>
                    <P>b. Tracking and Reporting System for Production Milestones (up to 2 points). </P>
                    <P>(1) The applicant will earn a maximum of 2 points if the applicant demonstrates that a tracking and reporting system for key production milestones has existed and has been in use continuously for the Main Street Area rejuvenation effort, and the applicant demonstrates how the tracking and reporting system will be used to implement a grant awarded through this NOFA. </P>
                    <P>
                        (2) The applicant will earn a maximum of 1 points if a tracking and reporting system exists as of the application deadline date (
                        <E T="03">i.e.</E>
                        , was developed as a result of this NOFA), but has not been used on the Main Street Area rejuvenation effort, provided that the applicant demonstrates how it will be used to implement a grant awarded through this NOFA. 
                    </P>
                    <P>(3) The applicant will receive 0 points if: </P>
                    <P>(a) A tracking and reporting system does not exist; or </P>
                    <P>(b) The applicant does not demonstrate how one will be used to implement a grant awarded through this NOFA. </P>
                    <P>c. Development and Fiscal Management (up to 8 points). </P>
                    <P>(1) Development and fiscal management includes management of the grant in general (administration and reporting), the construction activities, receipt of financial commitments, accounting and distribution of grant funds, and government procurement activities. </P>
                    <P>(2) If the applicant demonstrates management controls that are adequate to manage a grant from this NOFA for all of the above areas, the applicant will receive 8 points. </P>
                    <P>(3) If the applicant demonstrates management controls that are adequate to manage a grant from this NOFA for some of the above areas, the applicant will receive 4 points. </P>
                    <P>(4) If the applicant does not demonstrate management controls that are adequate to manage a grant from this NOFA, the applicant will receive 0 points. </P>
                    <P>5. Rating Factor 5—Incentive Criteria on Regulatory Barrier Removal—(up to 2 points). </P>
                    <P>a. Description. </P>
                    <P>
                        (1) HUD's Notice, “America's Affordable Communities Initiative, HUD's Initiative on Removal of Regulatory Barriers: Announcement of Incentive Criteria on Barrier Removal in HUD's FY 2004 Competitive Funding Allocations,” 
                        <E T="04">Federal Register</E>
                         Docket Number FR-4882-N-03, published on March 22, 2004, provides that most HUD competitive NOFAs will include an incentive for local and State governments to decrease their regulatory barriers to the development of affordable housing. 
                    </P>
                    <P>(2) Form HUD-27300 contains questions that explore the applicant's efforts to decrease regulatory barriers. </P>
                    <P>b. Scoring. </P>
                    <P>
                        (1) If the applicant is considered a local unit of government with land use and building regulatory authority, an agency or department of a local unit of government, a nonprofit organization, or other qualified applicant applying for funding for a project located in the jurisdiction of the local unit of government, the applicant is invited to answer the 20 questions in Part A of form HUD-27300. For those applications in which regulatory authority is split between jurisdictions (
                        <E T="03">e.g.</E>
                        , county/parish and town), the applicant should answer the question for the jurisdiction that has regulatory authority over the issue at question. 
                    </P>
                    <P>(a) If the applicant checked Column 2 for five to ten questions from Part A, the applicant will receive 1 point in the NOFA evaluation. </P>
                    <P>(b) If the applicant checked Column 2 for 11 or more questions from Part A, the applicant will receive 2 points in the NOFA evaluation. </P>
                    <P>(2) Part B of the form is for an applicant that is a State government or an agency or department of a State government. State governments are not eligible to apply for this NOFA and, as such, Part B of the form is not applicable. </P>
                    <P>(3) In no case will an applicant receive more than two points for barrier removal activities. </P>
                    <P>(4) To receive the points for this policy priority, an applicant must submit the documentation requested in the questionnaire or provide a Web site address (URL) where the documentation can be readily found. See Section IV of the General Section for documentation requirements. </P>
                    <P>6. Bonus Points: RC/EZ/EC-II (up to 2 points). </P>
                    <P>
                        a. RC/EZ/EC-IIs. This NOFA provides for the award of two bonus points for eligible activities/projects that the applicant proposes to locate in federally designated Empowerment Zones (EZs), Renewal Communities (RCs), or Enterprise Communities, designated by the U.S. Department of Agriculture in round II (EC-IIs), that are intended to serve the residents of these areas, and that are certified to be consistent with the area's strategic plan or RC Tax Incentive Utilization Plan (TIUP). (For ease of reference in this notice, all of the federally designated areas are 
                        <PRTPAGE P="35866"/>
                        collectively referred to as “RC/EZ/EC-IIs” and residents of any of these federally designated areas as “RC/EZ/EC-II residents.”) This NOFA contains a certification, “Certification of Consistency with RC/EZ/EC Strategic Plan” (form HUD-2990), that must be completed for the applicant to be considered for RC/EZ/EC-II bonus points. A list of RC/EZ/EC-IIs can be obtained from HUD's Web page at 
                        <E T="03">http://www.hud.gov/cr.</E>
                         Applicants can determine if their program/project activities are located in one of these designated areas by using the locator on HUD's Web site at 
                        <E T="03">http://www.hud.gov/crlocator.</E>
                    </P>
                    <P>
                        B. 
                        <E T="03">Review and Selection Process.</E>
                    </P>
                    <P>1. HUD's selection process is designed to ensure that grants are awarded to eligible local governments with the most meritorious applications. </P>
                    <P>2. Application Screening. </P>
                    <P>a. HUD will screen each application to determine if: </P>
                    <P>(1) It meets the threshold criteria listed in Section III.C of this NOFA; and </P>
                    <P>(2) It is deficient, i.e., contains any technical deficiencies.</P>
                    <P>b. Corrections to Deficient Applications. The subsection entitled “Corrections to Deficient Applications” in Section V.B of the General Section applies. Clarifications or corrections of technical deficiencies in accordance with the information provided by HUD must be submitted within 14 calendar days of the date of receipt of the HUD notification. </P>
                    <P>c. Applications that will not be rated or ranked. </P>
                    <P>(1) HUD will not rate or rank applications that are deficient at the end of a 14-calendar day cure period, as described in Section V.B.2.b above and the General Section. </P>
                    <P>(2) HUD will not rate or rank applications that have not met the thresholds described in Section III.C of this NOFA. Such applications will not be eligible for funding. </P>
                    <P>3. Preliminary Rating and Ranking. </P>
                    <P>a. Rating. </P>
                    <P>(1) HUD staff will preliminarily rate each eligible application, SOLELY on the basis of the Rating Factors described in Section V.A of this NOFA. </P>
                    <P>(2) When rating applications, HUD reviewers will not use any information included in any application submitted for another NOFA. </P>
                    <P>(3) HUD will assign a preliminary score for each Rating Factor and a preliminary total score for each eligible application. </P>
                    <P>(4) The maximum number of points for each application is 100, plus a possible 2 RC/EZ/EC-II bonus points. </P>
                    <P>(5) Minimum Score. Applications that do not have a preliminary score of at least 50 points will not be eligible for funding. </P>
                    <P>b. Ranking. </P>
                    <P>(1) After preliminary review, applications with a minimum score of 50 or above will be ranked in score order. </P>
                    <P>4. Final Panel Review. </P>
                    <P>a. A Final Review Panel made up of HUD staff will: </P>
                    <P>(1) Review the Preliminary Rating and Ranking documentation to: </P>
                    <P>(a) Ensure that any inconsistencies between preliminary reviewers have been identified and rectified; and </P>
                    <P>(b) Ensure that the Preliminary Rating and Ranking documentation accurately reflects the contents of the application. </P>
                    <P>(2) Assign a final score to each application; and </P>
                    <P>(3) Recommend for selection the most highly rated applications, subject to the amount of available funding, described in Section II of this NOFA. </P>
                    <P>5. HUD reserves the right to make reductions in funding for any ineligible items included in an applicant's proposed HOPE VI column of the application's Sources and Uses, or HOPE VI budget. </P>
                    <P>6. In accordance with the FY 2007 HOPE VI appropriation, HUD may not use HOPE VI funds, including HOPE VI Main Street funds, to grant competitive advantage in awards to settle litigation or pay judgments. </P>
                    <P>7. Tie Scores. If two or more applications have the same score and there are insufficient funds to select all of them, HUD will select for funding the application(s) with the highest score for the Capacity Rating Factor. If a tie remains, HUD will select for funding the application(s) with the highest score for the Capacity Rating Factor. HUD will select further tied applications with the highest score for the Need Rating Factor. </P>
                    <P>8. Remaining Funds. </P>
                    <P>a. HUD reserves the right to reallocate remaining funds from this NOFA to other eligible activities under Section 24 of the Act. </P>
                    <P>(1) If the total amount of funds requested by all applications found eligible for funding under Section V.B of this NOFA is less than the amount of funds available from this NOFA, all eligible applications will be funded and those funds in excess of the total requested amount will be considered remaining funds. </P>
                    <P>(2) If the total amount of funds requested by all applications found eligible for funding under Section V.B of this NOFA is greater than the amount of funds available from this NOFA, eligible applications will be funded until the amount of non-awarded funds is less than the amount required to fund feasibly the next eligible application. In this case, the funds that have not been awarded will be considered remaining funds. </P>
                    <P>9. The following subsections of Section V of the General Section are hereby incorporated by reference: </P>
                    <P>a. HUD's Strategic Goals; </P>
                    <P>b. Policy Priorities; </P>
                    <P>c. Threshold Compliance; </P>
                    <P>d. Corrections to Deficient Applications; </P>
                    <P>e. Rating; and </P>
                    <P>f. Ranking. </P>
                    <HD SOURCE="HD2">VI. Award Administration Information </HD>
                    <P>
                        A. 
                        <E T="03">Award Notices.</E>
                    </P>
                    <P>1. Initial Announcement. The HUD Reform Act prohibits HUD from notifying the applicant as to whether or not the applicant has been selected to receive a grant until HUD has announced all grant recipients. If the application has been found to be ineligible or if it did not receive enough points to be funded, the applicant will not be notified until the successful applicants have been notified. HUD will provide written notification to all eligible applicants, whether or not they have been selected for funding. </P>
                    <P>2. Authorizing Document. The “Assistance Award/Amendment,” form HUD-1044, signed by the Assistant Secretary for Public and Indian Housing (grants officer) is the authorizing document. This executed form will be delivered via the United States Postal Service to the applicant's authorized signatory at the applicant's address, as stated on the form SF-424. </P>
                    <P>3. General Section References. Section VI of the General Section is hereby incorporated by reference. </P>
                    <P>B. Administrative and National Policy Requirements. </P>
                    <P>1. Administrative Requirements. </P>
                    <P>a. Grant Agreement Execution. The grantee must execute the Grant Agreement within 90 days after HUD mails the Grant Agreement to the grantee. </P>
                    <P>b. Grant term. The time period for completion shall not exceed 30 months from the date the “Assistance Award/Amendment,” form HUD-1044, is executed by HUD. </P>
                    <P>c. Sub-Grants and Contracts. Grant funds may be expended directly by the applicant or they may be granted or loaned by the applicant to a third-party procured developer or Construction Manager who is undertaking the development of the Project. </P>
                    <P>d. Reasonable Time Frame. Grantees must proceed within a reasonable time frame to complete the following milestone activities: </P>
                    <P>
                        (1) Development Proposal. Grantees must submit a development proposal for 
                        <PRTPAGE P="35867"/>
                        the project within 12 months after the grant award date. 
                    </P>
                    <P>(a) Development proposals must include the following documents and information: </P>
                    <P>(i) Completed HUD Environmental Review, including the State Historic Preservation Officer approval, in accordance with 24 CFR part 50; </P>
                    <P>(ii) Identification of parties to the project development; </P>
                    <P>(iii) Activities and relationships of parties, e.g., Party A will loan $50,000 to Party C via a hard loan with an interest rate of 6 percent, with a 30-year amortization and a 15-year term; </P>
                    <P>(iv) Financing, i.e., sources and uses in the form HUD-52861 format; </P>
                    <P>(v) Unit description, i.e., unit number and sizes; </P>
                    <P>(vi) Site locations, i.e., lot and block, street address, or legal description; </P>
                    <P>(vii) Development construction cost estimate; and </P>
                    <P>(viii) Certification that open competition has been or will be used by the grantee to select a development partner and/or owner entity, if applicable. </P>
                    <P>(2) First Construction Start. Grantees must start housing unit construction within 18 months after grant award date. </P>
                    <P>(3) Last Construction Completion. Grantees must complete construction on a number and mix of units that accounts for an amount of TDC equal to, or greater than, the amount of the grant (TDC Units), within 30 months from the grant award date. </P>
                    <P>(4) In determining reasonableness of such time frame, noted in the paragraph above, HUD will take into consideration those delays caused by factors beyond the applicant's control. </P>
                    <P>(5) In accordance with the threshold requirement in Section III.C of this NOFA and the threshold documentation in Section IV.B of this NOFA, the above time frames must be stated in a Program Schedule that includes the following milestones, at a minimum: </P>
                    <P>(a) Grant Award Date (assume 2 months after application deadline date); </P>
                    <P>(b) Grant Agreement Execution Date (the Grant Agreement will be mailed to the grantee within one month after notice of award. The grantee will be given a maximum of 90 days to execute the Agreement); </P>
                    <P>(c) Development Plan Submission Date; </P>
                    <P>(d) Date of closing of financing of the first phase. If the applicant plans not to have a financial closing, it must state so in the Schedule; </P>
                    <P>(e) Date of the start of construction of the first housing unit; </P>
                    <P>(f) Date of the completion of construction of the last TDC Unit; and </P>
                    <P>(g) If the Main Street affordable housing project is part of a larger housing development, the date of completion of construction of the last housing unit. </P>
                    <P>e. Preliminary Environmental Approval Only. HUD's notification of award to a selected applicant constitutes a preliminary approval by HUD, subject to the completion of an environmental review of the proposed sites in accordance with 24 CFR part 50. See Section III.C of this NOFA for information about environmental requirements. </P>
                    <P>f. Flood Insurance. In accordance with the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128), the application may not propose to provide financial assistance for acquisition or construction (including rehabilitation) of properties located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless: </P>
                    <P>(1) The community in which the area is situated is participating in the National Flood Insurance program (see 44 CFR parts 59 through 79), or less than one year has passed since FEMA notification regarding such hazards; and </P>
                    <P>(2) Where the community is participating in the National Flood Insurance Program, flood insurance is obtained as a condition of execution of a Grant Agreement. </P>
                    <P>g. Coastal Barrier Resources Act. In accordance with the Coastal Barrier Resources Act (16 U.S.C. 3501), the application may not target properties in the Coastal Barrier Resources System. </P>
                    <P>h. Information for Research and Evaluation Studies. As a condition of the receipt of financial assistance under a HUD Program NOFA, all successful applicants will be required to cooperate with all HUD staff or contractors performing HUD-funded research and evaluation studies. </P>
                    <P>i. Final Audit. Grantees are required to obtain a complete final closeout audit of the grantee financial statements for the grant funds. The audit must be completed by a certified public accountant (CPA) in accordance with generally accepted government audit standards, if the Grantee expends $500,000 or more in a calendar or program year. A written report of the audit must be forwarded to HUD within 60 days of issuance. Grant recipients must comply with the requirements of 24 CFR part 84 or 24 CFR part 85 as stated in OMB Circulars A-110, A-87, and A-122, as applicable. </P>
                    <P>2. National Policy Requirements. </P>
                    <P>a. See references to the General Section in Section III of this NOFA. </P>
                    <P>
                        C.
                        <E T="03"> Reporting.</E>
                    </P>
                    <P>1. Quarterly Administrative and Compliance Checkpoints Report (Quarterly Report). </P>
                    <P>a. If the applicant is selected for funding, the applicant must submit a Main Street Quarterly Report to HUD. The report will be completed on-line. The Grantee will enter into the Quarterly Progress Report: </P>
                    <P>(1) On a quarterly basis: </P>
                    <P>(a) Administrative and production milestones, called “Checkpoints;” </P>
                    <P>(b) Financial status, by Budget Line Item as listed on form HUD-52825-A, “HOPE VI Budget,” including the grant budget, amounts authorized by HUD for expenditure, and amounts expended to date; and </P>
                    <P>(c) A short status narrative. </P>
                    <P>(2) On an annual basis, the Total real estate tax assessment for the census tract that includes the Main Street Area. </P>
                    <P>b. HUD will provide training and technical assistance on the filing and submitting of Main Street Quarterly Progress Reports. </P>
                    <P>c. Filing of Quarterly Progress Reports is mandatory for all grantees, and failure to do so within the required quarterly time frame will result in suspension of grant funds until the report is filed and approved by HUD. </P>
                    <P>d. Grantees will be held to the milestones that are reported in the Quarterly Progress Report, as approved by HUD. </P>
                    <P>2. LOCCS. On a quarterly basis, grantees must report all obligations and expenditures in HUD's Line of Credit Control System (LOCCS), or its successor system. </P>
                    <P>3. Logic Model Reporting. The grantee's Logic Model will be based upon the Logic Model included in the application. Provided that the Logic Model complies with the requirements of this NOFA, the General Section, and the Grant Agreement, HUD will approve the Logic Model's outputs and outcomes at the time of approval of the Development Proposal. Beginning after HUD approval, at a minimum, the grantee will be required to submit a completed Logic Model showing outputs and outcomes achieved quarterly. See Logic Model reporting in the General Section. </P>
                    <P>4. Final Report. </P>
                    <P>
                        a. Within 30 days after the grantee obtains the results of the Final Audit, the grantee shall submit a final report. The final report will include a financial report, a narrative evaluating overall performance against its HOPE VI Main Street application and Main Street Quarterly Progress Report, and a completed Logic Model (form HUD-96010), including responses to the management questions. Grantees shall 
                        <PRTPAGE P="35868"/>
                        use quantifiable data to measure performance against goals and objectives outlined in its application. For FY2007, HUD is considering a new concept for the Logic Model. The new concept is a Return on Investment (ROI) statement. HUD will be publishing a separate notice on the Return on Investment (ROI) concept. The financial report shall contain a summary of all expenditures made from the beginning of the grant agreement to the end of the grant agreement and shall include any unexpended balances. 
                    </P>
                    <P>b. The final narrative, financial report, and closeout documentation, as required by HUD, and the Logic Model shall be due to HUD 90 days after either the full expenditure of funds, or when the grant term expires, whichever comes first. </P>
                    <P>
                        c. Racial and Ethnic Data. HUD requires that funded recipients collect racial and ethnic beneficiary data. It has adopted the OMB Standards for the Collection of Racial and Ethnic Data. In view of these requirements, you should use form HUD-27061, Racial and Ethnic Data Reporting Form (instructions for its use), found on 
                        <E T="03">http://www.HUDclips.org</E>
                        ; a comparable program form; or a comparable electronic data system. 
                    </P>
                    <HD SOURCE="HD2">VII. Agency Contacts </HD>
                    <P>
                        A. 
                        <E T="03">Technical Corrections to the NOFA.</E>
                    </P>
                    <P>1. Technical corrections to this NOFA will be posted to the Grants.gov Web site. </P>
                    <P>
                        2. Any technical corrections will also be published in the 
                        <E T="04">Federal Register</E>
                        . 
                    </P>
                    <P>
                        3. The applicant is responsible for monitoring Grants.gov and the 
                        <E T="04">Federal Register</E>
                         during the application preparation period. Applicants may sign up for the Grants.gov notification service. Applicants signed up for the service will receive notification from Grants.gov if HUD issues any modifications to the NOFA, application package, or application instructions. 
                    </P>
                    <P>
                        B. 
                        <E T="03">Technical Assistance.</E>
                         Before the application deadline date, HUD staff will be available to provide the applicant with general guidance and technical assistance on this NOFA. However, HUD staff is not permitted to assist in preparing the application. If the applicant has a question or needs clarification, the applicant may call Lawrence Gnessin at (202) 402-2676, may send an e-mail to 
                        <E T="03">lawrence.gnessin@hud.gov</E>
                        , or may contact Ms. Dominique Blom, Deputy Assistant Secretary for Public Housing Investments, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 4130, Washington, DC 20410-5000; telephone (202) 401-8812; fax (202) 401-2370 (these are not toll-free numbers). Persons with hearing and/or speech impairments may access these telephone numbers via text telephone (TTY) by calling the toll-free Federal Information Relay Service at (800) 877-8339. For technical support about downloading an application, registering with Grants.gov, and submitting an application, please call Grants.gov Customer Support at (800) 518-GRANTS (This is a toll-free number) or e-mail Grants.gov at 
                        <E T="03">support@grants.gov.</E>
                    </P>
                    <P>
                        C. General Information. General information about HUD's HOPE VI programs can be found on the Internet at 
                        <E T="03">http://www.hud.gov/offices/pih/programs/ph/hope6/.</E>
                         General information specifically about HUD's HOPE VI Main Street program can be found on the Internet at 
                        <E T="03">http://www.hud.gov/offices/pih/programs/ph/hope6/grants/mainstreet/.</E>
                    </P>
                    <HD SOURCE="HD2">VIII. Other Information </HD>
                    <P>
                        A. 
                        <E T="03">General Section References.</E>
                         The following subsections of Section VIII of the General Section are hereby incorporated by reference: 
                    </P>
                    <P>1. Executive Order 13132, Federalism; </P>
                    <P>2. Public Access, Documentation, and Disclosure; </P>
                    <P>3. Section 103 of the HUD Reform Act; and </P>
                    <P>
                        B. 
                        <E T="03">Environmental Impact.</E>
                         A “Finding of No Significant Impact” (FONSI) with respect to the environment has been made for this notice in accordance with HUD regulations at 24 CFR part 50 that implement Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). The FONSI is available for public inspection between 8 a.m. and 5 p.m. in the Office of the General Counsel, Regulations Division, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410-0500. 
                    </P>
                    <P>
                        C. 
                        <E T="03">Paperwork Reduction Act Statement.</E>
                         The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB), under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB Control Number 2577-0208. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Public reporting burden for the collection of information is estimated to average 68 hours per annum per respondent for the application and grant administration. This includes the time for collecting, reviewing, and reporting the data for the application, quarterly reports, and final report. The information will be used for grantee selection and monitoring the administration of funds. Response to this request for information is required in order to receive the benefits to be derived. 
                    </P>
                    <SIG>
                        <DATED>Dated: June 22, 2007. </DATED>
                        <NAME>Paula O. Blunt, </NAME>
                        <TITLE>General Deputy Assistant Secretary for Public and Indian Housing.</TITLE>
                    </SIG>
                </PREAMB>
                <FRDOC>[FR Doc. E7-12583 Filed 6-28-07; 8:45 am] </FRDOC>
                <BILCOD>BILLING CODE 4210-67-P</BILCOD>
            </NOTICE>
        </NOTICES>
    </NEWPART>
    <VOL>72</VOL>
    <NO>125</NO>
    <DATE>Friday, June 29, 2007</DATE>
    <UNITNAME>Notices</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="35869"/>
            <PARTNO>Part V</PARTNO>
            <AGENCY TYPE="P">Environmental Protection Agency</AGENCY>
            <TITLE>Establishment of the Total Coliform Rule Distribution System Advisory Committee and Meeting of the Total Coliform Rule Distribution System Advisory Committee; Notices</TITLE>
        </PTITLE>
        <NOTICES>
            <NOTICE>
                <PREAMB>
                    <PRTPAGE P="35870"/>
                    <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY </AGENCY>
                    <DEPDOC>[FRL-8333-2] </DEPDOC>
                    <SUBJECT>Establishment of the Total Coliform Rule Distribution System Advisory Committee </SUBJECT>
                    <AGY>
                        <HD SOURCE="HED">AGENCY:</HD>
                        <P>Environmental Protection Agency (EPA). </P>
                    </AGY>
                    <ACT>
                        <HD SOURCE="HED">ACTION:</HD>
                        <P>Notice; Establishment of Federal Advisory Committee. </P>
                    </ACT>
                    <SUM>
                        <HD SOURCE="HED">SUMMARY:</HD>
                        <P>As required by section 9(a)(2) of the Federal Advisory Committee Act, the United States Environmental Protection Agency (EPA or Agency) is giving notice that it is establishing the Total Coliform Rule Distribution System Advisory Committee (TCRDSAC). The purpose of the TCRDSAC is to provide advice and make recommendations to the Agency on revisions to the Total Coliform Rule (TCR), and on what information about distribution systems is needed to better understand the public health impact from the degradation of drinking water quality in distribution systems. EPA has determined that this Advisory Committee is in the public interest and will assist the Agency in performing its duties as directed in the 2006 EPA Appropriations Act. </P>
                        <P>For the revision effort, EPA would like the Advisory Committee to advise the Agency on how the rule could be revised to improve implementation and strengthen public health protection. For the distribution system issues, EPA would like the Committee to evaluate available data and research on aspects of distribution systems that may create risks to public health and consider how to address the risks. </P>
                        <P>TCRDSAC will be composed of approximately 16 members who will serve as representative members and regular government employees (RGE). In selecting nominees for a balanced committee, EPA will consider candidates from EPA, State and local public health and regulatory agencies; Native American tribes; large and small drinking water suppliers; consumer, environmental and public health organizations; and local elected officials. </P>
                        <P>Copies of the Committee Charter will be filed with the appropriate congressional committees and the Library of Congress. </P>
                    </SUM>
                    <FURINF>
                        <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                        <P>
                            Jini Mohanty, (Mail Code 4607M) Office of Ground Water and Drinking Water, Office of Water, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail 
                            <E T="03">mohanty.jini@epa.gov,</E>
                             or call (202) 564-5269. 
                        </P>
                        <SIG>
                            <DATED>Dated: June 22, 2007. </DATED>
                            <NAME>Benjamin H. Grumbles, </NAME>
                            <TITLE>Assistant Administrator, Office of Water.</TITLE>
                        </SIG>
                    </FURINF>
                </PREAMB>
                <FRDOC> [FR Doc. E7-12649 Filed 6-28-07; 8:45 am] </FRDOC>
                <BILCOD>BILLING CODE 6560-50-P </BILCOD>
            </NOTICE>
            <NOTICE>
                <PREAMB>
                    <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY </AGENCY>
                    <DEPDOC>[FRL-8333-4] </DEPDOC>
                    <SUBJECT>Meeting of the Total Coliform Rule Distribution System Advisory Committee—Notice of Public Meeting </SUBJECT>
                    <AGY>
                        <HD SOURCE="HED">AGENCY:</HD>
                        <P>Environmental Protection Agency (EPA). </P>
                    </AGY>
                    <ACT>
                        <HD SOURCE="HED">ACTION:</HD>
                        <P>Notice. </P>
                    </ACT>
                    <SUM>
                        <HD SOURCE="HED">SUMMARY:</HD>
                        <P>Under Section 10(a)(2) of the Federal Advisory Committee Act, the United States Environmental Protection Agency (EPA) is giving notice of a meeting of the Total Coliform Rule Distribution System Advisory Committee (TCRDSAC). The purpose of this meeting is to discuss the charge for the Advisory Committee, the purpose, efficacy, and applicability of the Total Coliform Rule (TCR), determine the availability of data and research to better understand the potential public health impact of the degradation of water quality in distribution systems, and discuss existing data sources and potential analyses to support the advisory committee. </P>
                        <P>The TCR provides public health protection from microbial contamination in drinking water, while indicating the adequacy of treatment and the integrity of the drinking water distribution system. EPA committed to begin the process of revising the TCR as part of the 6-year review requirements of the Safe Drinking Water Act. EPA believes that an opportunity for implementation improvement exists in revising the TCR; the Agency plans to assess the effectiveness of the current TCR in reducing public health risk and what technically supportable alternative/additional monitoring strategies are available to improve implementation while maintaining or improving public health protection. </P>
                        <P>Attendees will discuss the current TCR and its objectives, develop consensus recommendations on potential opportunities for improvements to the current rule, and discuss available data on distribution systems. Attendees will also discuss the proposed scope, possible discussion topics, and protocols for the Total Coliform Rule/Distribution System Advisory Committee. </P>
                    </SUM>
                    <DATES>
                        <HD SOURCE="HED">DATES:</HD>
                        <P>
                            The public meeting will be held on Tuesday, July 17, 2007 (8:30 a.m. to 6 p.m., Eastern Daylight Time (EDT)) and Wednesday, July 18, 2007 (8 a.m. to 3 p.m. EDT). Attendees should register for the meeting by calling Jason Peller at (202) 965-6387 or by e-mail to 
                            <E T="03">jpeller@resolv.org</E>
                             no later than July 13, 2007. 
                        </P>
                    </DATES>
                    <ADD>
                        <HD SOURCE="HED">ADDRESSES:</HD>
                        <P>The meeting will be held at the Washington Marriott at 1221 22nd Street, NW., Washington, DC 20037. </P>
                    </ADD>
                    <FURINF>
                        <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                        <P>
                            For general information, contact Jason Peller of RESOLVE at (202) 965-6387. For technical inquiries, contact Tom Grubbs (
                            <E T="03">grubbs.thomas@epa.gov,</E>
                             (202) 564-5262) or Ken Rotert (
                            <E T="03">rotert.kenneth@epa.gov,</E>
                             (202) 564-5280), Standards and Risk Management Division, Office of Ground Water and Drinking Water (MC 4607M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; fax number: (202) 564-3767. 
                        </P>
                    </FURINF>
                </PREAMB>
                <SUPLINF>
                    <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                    <P>The meeting is open to the public. The Committee encourages the public's input and will take public comment at 5:15 p.m. on July 17, 2007, for this purpose. It is preferred that only one person present the statement on behalf of a group or organization. To ensure adequate time for public involvement, individuals interested in presenting an oral statement may notify Jini Mohanty by telephone at 202-564-5269 no later than July 16, 2007. </P>
                    <HD SOURCE="HD1">Special Accommodations </HD>
                    <P>
                        For information on access or services for individuals with disabilities, please contact Jini Mohanty at 202-564-5269 or by e-mail at 
                        <E T="03">mohanty.jini@epa.gov.</E>
                         To request accommodation of a disability, please contact Jini Mohanty, preferably at least 10 days prior to the meeting to give EPA as much time to process your request. 
                    </P>
                    <SIG>
                        <DATED>Dated: June 26, 2007. </DATED>
                        <NAME>Nancy Gelb, </NAME>
                        <TITLE>Acting Director, Office of Ground Water and Drinking Water.</TITLE>
                    </SIG>
                </SUPLINF>
                <FRDOC> [FR Doc. E7-12648 Filed 6-28-07; 8:45 am] </FRDOC>
                <BILCOD>BILLING CODE 6560-50-P </BILCOD>
            </NOTICE>
        </NOTICES>
    </NEWPART>
    <VOL>72</VOL>
    <NO>125</NO>
    <DATE>Friday, June 29, 2007</DATE>
    <UNITNAME>Rules and Regulations</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="35871"/>
            <PARTNO>Part VI</PARTNO>
            <AGENCY TYPE="P">Department of Energy</AGENCY>
            <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
            <HRULE/>
            <CFR>18 CFR Part 292</CFR>
            <TITLE>New PURPA Section 210(m) Regulations Applicable to Small Power Production and Cogeneration Facilities; Final Rule</TITLE>
        </PTITLE>
        <RULES>
            <RULE>
                <PREAMB>
                    <PRTPAGE P="35872"/>
                    <AGENCY TYPE="S">DEPARTMENT OF ENERGY </AGENCY>
                    <SUBAGY>Federal Energy Regulatory Commission </SUBAGY>
                    <CFR>18 CFR Part 292 </CFR>
                    <DEPDOC>[Docket No. RM06-10-001; Order No. 688-A] </DEPDOC>
                    <SUBJECT>New PURPA Section 210(m) Regulations Applicable to Small Power Production and Cogeneration Facilities </SUBJECT>
                    <DATE>Issued June 22, 2007.</DATE>
                    <AGY>
                        <HD SOURCE="HED">AGENCY:</HD>
                        <P>Federal Energy Regulatory Commission, DOE. </P>
                    </AGY>
                    <ACT>
                        <HD SOURCE="HED">ACTION:</HD>
                        <P>Final rule; order on rehearing. </P>
                    </ACT>
                    <SUM>
                        <HD SOURCE="HED">SUMMARY:</HD>
                        <P>In this order on rehearing, the Federal Energy Regulatory Commission (Commission) denies rehearing on most major issues decided in Order No. 688, which amended its regulations governing small power production and cogeneration in response to section 1253 of the Energy Policy Act of 2005 (EPAct 2005), which added section 210(m) to the Public Utility Regulatory Policies Act of 1978 (PURPA). The Commission also clarifies certain aspects of the rule and adopts some additional filing requirements. </P>
                    </SUM>
                    <EFFDATE>
                        <HD SOURCE="HED">DATES:</HD>
                        <P>
                            <E T="03">Effective Date:</E>
                             The revisions to our regulations in this order on rehearing will become effective July 30, 2007. 
                        </P>
                    </EFFDATE>
                    <FURINF>
                        <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                        <P>Susan G. Pollonais (Technical Information), Office of Energy Markets and Reliability, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-6011. </P>
                        <P>Marka Shaw (Technical Information), Office of Energy Markets and Reliability, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-8641. </P>
                        <P>Samuel Higginbottom (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-8561. </P>
                        <P>Mason Emnett (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-6540. </P>
                        <P>Eric Winterbauer (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-8329. </P>
                    </FURINF>
                </PREAMB>
                <SUPLINF>
                    <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                    <P>
                        <E T="03">Before Commissioners:</E>
                         Joseph T. Kelliher, Chairman; Suedeen G. Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff. 
                    </P>
                    <HD SOURCE="HD1">Order on Rehearing and Clarification </HD>
                    <HD SOURCE="HD1">I. Introduction </HD>
                    <P>
                        1. On October 20, 2006, the Federal Energy Regulatory Commission (Commission) issued Order No. 688,
                        <SU>1</SU>
                        <FTREF/>
                         in which the Commission revised its regulations governing the purchase requirement for electric energy produced by qualifying cogeneration and small power production facilities (QFs). This rulemaking proceeding was initiated to implement section 210(m) of the Public Utility Regulatory Policies Act of 1978 (PURPA),
                        <SU>2</SU>
                        <FTREF/>
                         which mandates termination of the requirement that an electric utility enter into a new contract or obligation to purchase electric energy from QFs 
                        <SU>3</SU>
                        <FTREF/>
                         if the Commission finds that the QF has nondiscriminatory access to one of three categories of markets defined in section 210(m)(1)(A), (B), or (C) of PURPA, as amended. 
                    </P>
                    <P>2. As relevant here, section 210(m) provides for the following:</P>
                    <FTNT>
                        <P>
                            <SU>1</SU>
                             
                            <E T="03">New PURPA Section 210(m) Regulations Applicable to Small Power Production and Cogeneration Facilities,</E>
                             Order No. 688, 71 FR 64342 (Nov. 1, 2006), FERC Stats. &amp; Regs. ¶ 31,233 (2006) (Final Rule).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>2</SU>
                             Section 210(m) was added to PURPA by section 1253 of the Energy Policy Act of 2005 (EPAct 2005). 
                            <E T="03">See</E>
                             Pub. L. 109-58, 1253, 119 Stat. 594, 967 (2005). 
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>3</SU>
                             The requirement that an electric utility enter into a new contract or obligation to purchase electric energy from QFs is referred to herein as either the mandatory purchase obligation or, more simply, the purchase requirement. 
                        </P>
                    </FTNT>
                    <EXTRACT>
                        <P>(i) Termination of the requirement that an electric utility enter into a new contract or obligation to purchase electric energy from a QF after certain specified findings are made by the Commission; </P>
                        <P>(ii) Reinstatement of the purchase requirement upon a showing that the conditions for terminating the requirement are no longer met; </P>
                        <P>(iii) Termination of the requirement that an electric utility enter into new contracts to sell electric energy to QFs after certain specified findings are made by the Commission; </P>
                        <P>(iv) Reinstatement of the sale requirement upon a showing that the conditions for terminating the requirement are no longer met; and,</P>
                        <P>(v) Preservation of existing contracts and obligations to purchase electric energy or capacity from, or to sell electric energy or capacity to, a QF.</P>
                    </EXTRACT>
                    <P>The Final Rule amended Part 292 of the Commission's regulations, pertaining to electric utilities' obligation to purchase electric energy from or sell electric energy to a QF, to address these provisions of section 210(m) and also to provide a process for applying for the reinstatement of the requirements to purchase electric energy from or to sell electric energy to QFs upon a showing that the conditions for the removal of those requirements are no longer met. </P>
                    <P>
                        3. New § 292.309 of the Commission's regulations describes the findings that the Commission must make to justify relieving an electric utility's obligation to enter into new QF purchase contracts. If the Commission finds that the QF has nondiscriminatory access to one of three types of wholesale markets described in subparagraphs (A), (B), and (C) of section 210(m)(1), the requirement that the electric utility enter into new contracts or obligations is terminated. In the Final Rule, the Commission concluded that the four existing “Day 2” markets 
                        <SU>4</SU>
                        <FTREF/>
                         satisfy the requirements of subparagraph (A). The Commission found that the “Day 1” markets 
                        <SU>5</SU>
                        <FTREF/>
                         satisfy some, but not all, of the requirements of subparagraph (B). Finally, the Commission found that the markets operated by the Electric Reliability Council of Texas (ERCOT) satisfy the requirements of subparagraph (C). All of these markets are administered by regional transmission organizations (RTOs) or independent system operators (ISOs). 
                    </P>
                    <FTNT>
                        <P>
                            <SU>4</SU>
                             The four existing “Day 2” markets are those auction based day-ahead and real-time markets operated by the Midwest Independent Transmission System Operator Corp. (MISO), PJM Interconnection, LLC (PJM), New York Independent System Operator, Inc. (NYISO), and ISO New England, Inc. (ISO-NE). 
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>5</SU>
                             The existing “Day 1” markets are those real-time markets operated by the California Independent System Operator Corporation (CAISO) and the Southwest Power Pool (SPP). 
                        </P>
                    </FTNT>
                    <P>
                        4. With regard to analyzing whether a QF has nondiscriminatory access to one of these markets, the Commission adopted three rebuttable presumptions. First, the Final Rule concluded that the existence of an open access transmission tariff (OATT), or a reciprocity tariff filed by a non-public utility pursuant to the Commission's open access regulations,
                        <SU>6</SU>
                        <FTREF/>
                         justified a rebuttable presumption that QFs have nondiscriminatory access to the markets in the transmission provider's service territory. Second, the Commission adopted a rebuttable presumption that QFs located within one of the four existing “Day 2” markets also have nondiscriminatory access to those markets. Third, the Commission concluded that QFs with a net capacity no greater than 20 MW may not have nondiscriminatory access to any market, notwithstanding the availability of service under an OATT or their location within a “Day 2” market. The Commission therefore adopted a rebuttable presumption that such small 
                        <PRTPAGE P="35873"/>
                        QFs do not have nondiscriminatory access to any market. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>6</SU>
                             18 CFR 35.28(e). An OATT provides interconnection as well as transmission services on a nondiscriminatory basis. 
                        </P>
                    </FTNT>
                    <P>
                        5. Requests for rehearing and/or clarification of these rulings, and the procedure implementing them, were received from the American Forest and Paper Association (American Forest &amp; Paper) and California Cogeneration Council (CCC), Central Vermont Public Service Corporation (Central Vermont), Cogeneration Association of California and the Energy Producers and Users Coalition (Cogeneration Association of California), the Council of Industrial Boiler Owners (CIBO), Deere &amp; Company (Deere), Edison Electric Institute (EEI), Oklahoma Gas and Electric Company (OG&amp;E), jointly from the Electricity Consumers Resource Council (ELCON), the American Iron and Steel Institute, the American Chemistry Council, and the Council of Industrial Boiler Owners (Industrial Parties), National Rural Electric Cooperative Association, (NRECA), Occidental Chemical Corporation (Occidental), PacifiCorp, and Public Interest Organizations (PIOs). Southern California Edison (SCE) and PJM Interconnection, Inc. (PJM) filed answers to the requests for rehearing. ELCON and Cogeneration Association of California filed answers those answers.
                        <SU>7</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>7</SU>
                             Rule 713(d) of the Commission's Rules of Practice and Procedure, 18 CFR 383.713(d), provides that the Commission will not permit answers to requests for rehearing. We will, accordingly, reject SCE and PJM's answers to the requests for rehearing. Rule 213(a)(2) of the Commission's Rules of Practice and Procedure, 18 CFR 385.213(a)(2), prohibits an answer to an answer unless otherwise ordered by the decisional authority. We are not persuaded to accept the answers of ELCON and Cogeneration Association of California and will, therefore, reject them. The alternative motions to reject of ELCON and Cogeneration Association of California are rejected as moot. 
                        </P>
                    </FTNT>
                    <P>6. As discussed below, the Commission generally denies the requests for rehearing of the Final Rule. The Commission continues to believe that the Final Rule appropriately implements section 210(m) by identifying what type of markets satisfy the requirements of sections 210(m)(1)(A), (B), and (C) and the criteria that will be used to determine whether a QF has nondiscriminatory access to one of those markets. We therefore do not disturb the basic implementation structure established in that order. We do, however, grant clarification regarding certain specific matters. The Commission addresses each of these issues in turn. </P>
                    <HD SOURCE="HD1">II. Discussion </HD>
                    <HD SOURCE="HD2">A. Three Types of Markets </HD>
                    <P>7. Section 210(m)(1) identifies three types of markets, nondiscriminatory access to which will satisfy the findings the Commission must make to terminate an electric utility's purchase requirement. As the Commission explained in the Final Rule, the statutory language of sections 210(m)(1)(A), (B), and (C) requires us to differentiate among distinct types of markets when analyzing whether an electric utility will be relieved of its purchase obligation. The Commission must terminate the mandatory purchase obligation if we find that a QF has nondiscriminatory access to: </P>
                    <EXTRACT>
                        <P>(A) “independently administered, auction-based day ahead and real time wholesale markets for the sale of electric energy” and “wholesale markets for long-term sales of capacity and electric energy”; </P>
                        <P>
                            (B) “transmission and interconnection services that are provided by a Commission-approved regional transmission entity and administered pursuant to an open access transmission tariff that affords nondiscriminatory treatment to all customers” and “competitive wholesale markets that provide a meaningful opportunity to sell capacity, including long-term and short-term sales, and electric energy, including long-term, short-term and real-time sales, to buyers other than the utility to which the [QF] is interconnected”; 
                            <SU>8</SU>
                            <FTREF/>
                             or,
                        </P>
                        <FTNT>
                            <P>
                                <SU>8</SU>
                                 In determining whether a meaningful opportunity to sell exists, section 210(m)(1)(B) directs the Commission to consider, among other factors, evidence of transactions within the relevant market.
                            </P>
                        </FTNT>
                        <P>(C) “wholesale markets for the sale of capacity and electric energy that are, at a minimum, of comparable competitive quality as markets described in subparagraphs (A) and (B).”</P>
                    </EXTRACT>
                    <P>8. In the Final Rule, the Commission considered the specific criteria set forth in these statutory provisions and concluded that certain markets in the United States satisfied some or all of the requirements of each. The Commission rejected proposals to adopt a single standard for relief, which in effect would interpret sections 210(m)(1)(A), (B), and (C) as collectively defining a single type of market, access to which would require termination of the purchase requirement. The Commission found that the most reasonable interpretation of section 210(m)(1) is that Congress, in separately describing three different types of markets, was requiring the Commission to differentiate among each type of market when determining whether to terminate the purchase requirement. </P>
                    <HD SOURCE="HD3">1. Section 210(m)(1)(A) </HD>
                    <P>
                        9. Section 210(m)(1)(A) of PURPA requires the Commission to terminate an electric utility's obligation to purchase from a QF if the QF has nondiscriminatory access to (i) independently administered, auction-based, day ahead and real time wholesale markets for the sale of electric energy; and (ii) wholesale markets for long-term sales of capacity and electric energy. In the Final Rule, the Commission found that the four existing “Day 2” markets, MISO, PJM, ISO-NE and NYISO, satisfy the first prong of section 210(m)(1)(A) because the markets administered by these RTO/ISOs are, as required by the statute, independently administered, auction-based day ahead and real time wholesale markets for electricity.
                        <SU>9</SU>
                        <FTREF/>
                         The Commission further found that the existence of bilateral long-term contracts for long-term sales of capacity and energy in these markets satisfies the second prong of section 210(m)(1)(A). Since both of these requirements are satisfied, the Commission concluded that a showing of nondiscriminatory access to any of these “Day 2” markets would terminate the purchase requirement. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>9</SU>
                             The Commission stated that any future determinations of whether a new “Day 2” market satisfies the requirements of section 210(m)(1)(A) would be considered on a case-by-case basis, either in response to an application for termination of the mandatory purchase obligation or a petition for declaratory order. 
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">Requests for Rehearing </HD>
                    <P>
                        10. No petitioner challenges the Commission's determination that the existing “Day 2” RTO/ISO markets satisfy the requirements of the first prong of section 210(m)(1)(A), 
                        <E T="03">i.e.,</E>
                         that they are independently administered, auction-based day ahead and real time wholesale electricity markets. Requests for rehearing instead focus on the second prong, regarding whether a wholesale market for long-term sales of capacity and electric energy also exists in these regions. PIOs argue that the mere existence of some bilateral long-term contracts does not demonstrate the existence of a competitive wholesale market for long-term sales or actual “meaningful opportunities” for QFs to sell energy or capacity long-term to multiple buyers. PIOs therefore contend that the Commission erred in finding that the “Day 2” markets satisfy the requirements of section 210(m)(1)(A). Cogeneration Association of California agrees that the existence of a “Day 2” 
                        <PRTPAGE P="35874"/>
                        market does not equate to a long-term market, arguing that access to a long-term market is essential to provide the assurance of long-term revenue necessary to provide incentives for construction of new resources. 
                    </P>
                    <P>11. American Forest &amp; Paper and CCC argue that there has never been a time in the history of the power industry when some bilateral contracts did not exist. They contend that there is no evidentiary basis that shows such contracts are available to QFs on a nondiscriminatory basis or that there is a market for such contracts. They argue that the word “market” presumes more than an occasional, isolated transaction. American Forest &amp; Paper and CCC argue that in the Final Rule the Commission not only fails to explain why the existence of bilateral contracts constitutes a meaningful competitive market, but also fails to establish any standard for what constitutes a “long term sale,” examine any of the bilateral contracts it believes exist to determine if they meet any such standard, or consider whether bilateral contracts are in fact available to QFs in any meaningful sense. </P>
                    <P>12. Cogeneration Association of California adds that the insufficiency of the bilateral markets is also demonstrated by the lack of meaningful participation in utility requests for offers. Cogeneration Association of California argues that the current practice of bilateral contracting is not indicative of a competitive market, nor is it proof that QFs have a meaningful opportunity to participate in whatever markets are there. It argues that there is significant discrimination against QFs when they attempt to enter into bilateral contracts. </P>
                    <P>13. American Forest &amp; Paper and CCC also argue that the Final Rule errs as a matter of law by determining generically that “Day 2” markets satisfy section 210(m)(1)(A) rather than requiring utilities to demonstrate, on a case-by-case basis, the factual basis upon which relief is requested, which they argue is required by section 210(m)(3). American Forest &amp; Paper and CCC contend that the Commission simply presumed adequate wholesale markets existed in the “Day 2” markets, rendering the language of section 210(m)(1)(A)(ii) of the statute a nullity by not requiring applicants to set forth the factual basis on which relief is requested. American Forest &amp; Paper and CCC complain that QFs have been denied the opportunity to challenge the specific findings after sufficient notice of the factual claims being made. </P>
                    <P>
                        14. American Forest &amp; Paper and CCC cite 
                        <E T="03">Alliant Energy Corporate Services Inc.</E>
                        <SU>10</SU>
                        <FTREF/>
                         as support for its belief that section 210(m)(3) requires notice to each affected QF prior to the Commission making a determination under section 210(m)(1). American Forest &amp; Paper and CCC compare the Commission's generic treatment of “Day 2” markets with its case-by-case procedures for the reinstatement of the obligation, despite the almost identical statutory language in sections 210(m)(3) and 210(m)(4). American Forest &amp; Paper argues that “regulations cannot alter the statutory scheme,” 
                        <SU>11</SU>
                        <FTREF/>
                         stating that the procedural requirements have been inappropriately interpreted away in the Final Rule. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>10</SU>
                             113 FERC ¶ 61,024 (2005). 
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>11</SU>
                             American Forest &amp; Paper Request for Rehearing at 13 (
                            <E T="03">citing P. Gioso &amp; Sons, Inc.</E>
                             v. 
                            <E T="03">Occupational Safety and Health Review Commission</E>
                            , 115 F.3d 100, 105 (1st Cir. 1997)). 
                        </P>
                    </FTNT>
                    <P>15. In American Forest &amp; Paper and CCC's view, Congressional intent to encourage QF development supports interpreting section 210(m)(1)(A)(ii) as requiring the Commission to find, based on specific evidence, that there is a meaningfully competitive market prior to terminating the mandatory purchase obligation. American Forest &amp; Paper and CCC note, for example, that EPAct 2005 did not repeal PURPA and provided for termination of the purchase requirement only if a very particular demonstration is made. </P>
                    <P>16. Industrial Parties similarly argue that the Commission erred in categorically finding that “Day 2” markets provide QFs with access to long-term wholesale markets. Industrial Parties contend that the Commission has ignored evidence that establishes that these markets are in their infancy. While acknowledging that suppliers will offer QFs a bilateral contract in the organized markets, Industrial Parties argue that the rates and terms and conditions of such contracts typically are not truly long-term and are discriminatory. Industrial Parties state that the long-term markets that exist are predominantly for resale—generators selling to load serving entities that in many cases have divested generation—and that these contracts are typically for a period of 6 to 18 months. </P>
                    <P>17. Industrial Parties also argue that the Commission incorrectly assumed that access to short-term “Day 2” markets is equivalent to a finding of access to long-term markets under section 210(m)(1)(A)(ii). Industrial Parties contend that the Commission must address the definition of “long-term,” arguing that the Commission appears to view a market in excess of one year as long-term. Industrial Parties contend that a long-term market is a market of several years' duration or at least the timeframe for planning a new generator, which they state is three to five years for a gas-fired combined cycle unit. Industrial Parties ask that the Commission require utility applicants to present information on the short- and long-term capacity obligations of load-serving entities in the relevant markets, their practices for meeting such obligations, and any barriers to entry into such markets. </P>
                    <P>18. Finally, American Forest &amp; Paper and CCC argue that the Commission's interpretation of section 210(m)(1)(A)(ii) violates rules of statutory construction. Because subparagraph (C) specifically refers to markets for the sale of capacity under both subparagraphs (A) and (B), defining a third type of market that is “similar” to subparagraphs (A) and (B), American Forest &amp; Paper and CCC argue it is nonsensical to conclude that the markets for capacity referenced in subparagraphs (A)(ii) and (B)(ii) are not similar as between themselves. American Forest &amp; Paper and CCC therefore argue that the Commission erred by not interpreting subparagraph (A)(ii) as imposing qualitative requirements comparable to those imposed under subparagraph (B)(ii). In American Forest &amp; Paper and CCC's view, otherwise the inclusion of a requirement that the Commission review specific “evidence of transactions” in subparagraph (B)(ii) would require the Commission to ignore evidence of transactions when applying subparagraph (A)(ii), which the Commission did not do in the Final Rule. </P>
                    <HD SOURCE="HD3">Commission Determination </HD>
                    <P>
                        19. The Commission denies rehearing of the determination that the four existing “Day 2” markets (MISO, PJM, NYISO, and ISO-NE) satisfy the requirements of the second prong of section 210(m)(1)(A). Petitioners on rehearing essentially argue that the Commission should have imposed a standard higher than what the statutory language literally requires, 
                        <E T="03">i.e.</E>
                        , nondiscriminatory access to “wholesale markets for long-term sales of capacity and electric energy.” The Commission declined to do so in the Final Rule and we affirm that determination here. 
                    </P>
                    <P>
                        20. The Commission did not simply assume the existence of long-term markets in the “Day 2” markets, as some petitioners argue. Rather, the Commission found that the existence of bilateral long-term contracts for long-term sales of capacity and energy is a sufficient indication of a market. The Commission continued that it is reasonable to conclude that the 
                        <PRTPAGE P="35875"/>
                        subparagraph (A)(ii) requirement for long-term markets is met because bilateral long-term contracts are available to participants in the footprints of the MISO, PJM, ISO-NE, and NYISO. The Commission noted that long-term contracts were to be expected in these markets because of the nature of these markets. In this regard, the transmission access offered by RTOs allows suppliers (including QFs) the opportunity to enter into long-term bilateral contracts. RTOs have no incentive to favor one set of suppliers over others in providing transmission access. By eliminating pancaked rates, eliminating problems with internal loop flows, and improving the reliability of transmission operations over a broad multi-utility region, an RTO offers regional transmission service which facilitates longer-term contracting practices. This is because an RTO's footprint encompasses many different wholesale buyers, providing significant opportunity for a seller to reach many potential wholesale buyers. 
                    </P>
                    <P>
                        21. In addition, organized markets operated by an RTO facilitate long-term bilateral contracts between sellers (including QFs) and wholesale buyers by reducing the costs to sellers of making long-term bilateral supply commitments. In the event a seller is unable to produce the energy required under a bilateral contract (for example, because of an outage), the seller can easily acquire replacement energy from the organized market at a transparent and competitive price. Even when the seller is physically capable of producing its contractually-required energy, the seller can acquire the energy from the RTO's market whenever it is cheaper to do so. Both of these factors reduce the cost to a seller of entering into a long-term bilateral contract.
                        <SU>12</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>12</SU>
                             Final Rule at P 120. 
                        </P>
                    </FTNT>
                    <P>
                        22. With respect to bilateral long-term markets in these RTO/ISOs, the Commission noted that no commenters argued that long-term contracts do not exist in these markets or that QFs are precluded from entering into them with willing buyers.
                        <SU>13</SU>
                        <FTREF/>
                         The Commission also pointed out that electronic quarterly report (EQR) filings indicate that there are in fact contracts for long-term sales of capacity and energy in each of the “Day 2” markets. The Commission concluded that the existence of these long-term contracts is a sufficient indication that long-term wholesale markets exist in those regions. It is telling that no petitioner on rehearing challenges (indeed, several petitioners concede) that long-term contracts exist in the “Day 2” markets. Instead, petitioners argue that existence of such contracts does not necessarily indicate that an 
                        <E T="03">adequate</E>
                         market for long-term energy and capacity exists. Yet the very fact that buyers and sellers of long-term energy and capacity have found each other, evidenced by the contracts they have entered into, demonstrates that a market for such products does in fact exist, which is all that the statute requires. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>13</SU>
                             Final Rule at P 117-20. 
                        </P>
                    </FTNT>
                    <P>23. The thrust of many of the arguments on rehearing is that the Commission should have considered whether these long-term markets were competitive or as robust as QFs would like. That is not the standard set forth by Congress in section 210(m)(1)(A)(ii), which requires only that a long-term market is present, not that it be competitive or that it meet the subjective preferences of all QFs. As the Commission noted in the Final Rule, Congress knew how to impose a more specific level of review regarding the quality of the relevant long-term market since, in contrast to the language it used in section 210(m)(1)(A)(ii), it expressly used prescriptive language in section 210(m)(1)(B)(ii). </P>
                    <P>
                        24. Section 210(m)(1)(A)(ii) requires only that we find access to “wholesale markets for long-term sales of capacity and electric energy.” The term “market” is not defined with respect to any particular number of purchasers or sellers or the quality of the contracts available. One definition is “the action or business of buying and selling; an instance of this, a commercial transaction; a (good or bad) bargain.” 
                        <SU>14</SU>
                        <FTREF/>
                         Another definition is “a meeting together of people for the purpose of trade by private purchase and sales and usually not by auction.” 
                        <SU>15</SU>
                        <FTREF/>
                         These standard definitions support the Commission's finding that the ability of QF sellers to reach purchasers and the existence of long-term contracts for capacity and energy are sufficient to determine that “markets” exist for purposes of section 210(m)(1)(A)(ii). In contrast to section 210(m)(1)(A)(ii), section 210(m)(1)(B)(ii) requires us to find access to “competitive wholesale markets that provide a meaningful opportunity to sell capacity, including long-term and short-term sales, and electric energy, including long-term, short term and real-time sales.” Under this statutory directive, the Commission must not only find that markets exist, but it must assess the quality of the markets and find that they are “competitive.” Congress chose not to require a finding of “competitive” long-term markets as a condition of invoking section 210(m)(1)(A)(ii) and we have given reasonable meaning to this difference in language.
                        <SU>16</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>14</SU>
                             
                            <E T="03">The New Oxford English Dictionary</E>
                             Vol. 1 A-M (1993 ed.).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>15</SU>
                             
                            <E T="03">Webster's New Collegiate Dictionary</E>
                             (1979 ed.).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>16</SU>
                             Some petitioners argue that the Commission's reliance on EQR reports to find the existence of a long-term market in “Day 2” regions is contradicted by Congress' reference to “evidence of transactions” in section 210(m)(1)(B), but not in section 210(m)(1)(A). The requirement in subparagraph (B) for evidence of transactions does not bar the use of such evidence in subparagraph (A), but merely indicates that such evidence is not required under subparagraph (A).
                        </P>
                    </FTNT>
                    <P>25. Congress's decision to establish different standards in subparagraphs (A) and (B) makes sense in light of the ultimate question of whether a QF has nondiscriminatory access to potential purchasers other than the host utility, sufficient to justify terminating the purchase requirement, which is the overarching theme of section 210(m)(1). In the “Day 2” markets, which were in existence when EPAct 2005 was enacted and of which Congress was aware when it was considering PURPA reform, energy sold under bilateral long-term contracts as well as in the competitive day-ahead and real-time energy markets is simply scheduled as a delivery to the RTO and ISO grid. These market conditions make it possible for parties to enter into long-term contracts with confidence that electric energy sold pursuant to these contracts will be delivered. It is reasonable to conclude, therefore, that Congress considered the criteria specified for long-term contracts in section 210(m)(1)(B) unnecessary for section 210(m)(1)(A). This explains the distinctions embedded in the standards set forth in sections 210(m)(1)(A) and 210(m)(1)(B). </P>
                    <P>26. It is true, as petitioners point out, that in some “Day 2” markets there is no formalized market for long-term sales of energy and capacity. It may also be true that such long-term markets are nascent and that the sales that do occur are predominantly to load serving entities for resale. All that is required by section 210(m)(1)(A)(ii), however, is that there be a market, not that it has particular market attributes desired by petitioners. Petitioners have offered no reasonable alternative to our interpretation of section 210(m)(1). </P>
                    <P>
                        27. Petitioners are correct to point out that the Commission did not expressly define what length of contract it considered “long-term” within the meaning of section 210(m)(1)(A)(ii). The Commission explained, however, that it was relying on EQR data to find that long-term contracts existed in the “Day 2” markets. Long-term contracts are defined for EQR purposes as having a 
                        <PRTPAGE P="35876"/>
                        term of one year or more and, thus, the Commission's findings regarding long-term contracts in the Final Rule incorporated that definition. While some petitioners argue that a longer-term should have been used, we continue to believe that contracts of a year or more are sufficiently long-term to meet the statutory requirement that there be “wholesale markets for long-term sales of capacity and energy” within the meaning of section 210(m)(1)(A)(ii).
                        <SU>17</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>17</SU>
                             Although the statute contrasts real-time, day-ahead, and long-term wholesale sales, it provides no definition of those categories of transactions. Nevertheless, the terms real-time and day-ahead markets were well known with respect to ISOs and RTOs at the time EPAct 2005 was enacted and definitions of these markets were well understood, 
                            <E T="03">i.e.</E>
                            , Congress knew the meaning the terms as used with respect to ISOs and RTOs existing at the time of enactment of EPAct 2005. Additionally, the Commission at the time of enactment of EPAct 2005 had for years defined long-term contracts under the OATT as one year or longer. Similarly, the Commission has treated power sales with a contract term of greater than one year to be “long-term” for reporting purposes. 
                            <E T="03">See</E>
                            , 
                            <E T="03">e.g.</E>
                            , 
                            <E T="03">Revised Public Utility Filing Requirements</E>
                            , Order No. 2001, 67 FR 31043, FERC Stats. &amp; Regs. ¶ 31,127 (2002), Order No. 2001-A, 100 FERC ¶ 61,074, 
                            <E T="03">reconsideration and clarification denied</E>
                            , Order No. 2001-B, 100 FERC ¶ 61,342 (2002). We thus believe it is reasonable to use the convention of treating contracts of a year or more as “long-term” consistent with our longstanding practice.
                        </P>
                    </FTNT>
                    <P>
                        28. We note that the Commission has initiated a proceeding to explore ways to improve the operation of wholesale organized electric markets administered by RTOs and ISOs, including actions the Commission might take to further improve opportunities for long-term contracting in RTO and ISO regions.
                        <SU>18</SU>
                        <FTREF/>
                         While we disagree with petitioners who argue that QFs above 20 MW do not have access to long-term contracting opportunities in organized markets, or that section 210(m)(1)(A) requires us to find “competitive” or “robust” contracting opportunities, we are taking steps to facilitate additional opportunities for long-term contracting. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>18</SU>
                             
                            <E T="03">Wholesale Competition in Regions with Organized Electric Markets</E>
                            , 119 FERC ¶ 61,306.
                        </P>
                    </FTNT>
                    <P>
                        29. The Commission also rejects arguments that it may not make generic findings in this rulemaking as to the “Day 2” markets satisfying the requirements of section 210(m)(1)(A). The Commission has broad discretion to adopt generic policy or make generic findings through the rulemaking process rather than case-by-case adjudications.
                        <SU>19</SU>
                        <FTREF/>
                         Establishing generic findings in this rulemaking provides all parties, including electric utilities and QFs alike, a reasonable chance to be heard on common issues that arise in various market structures and involving classes of QFs. Indeed, no party has sought rehearing of the Commission's conclusion that the “Day 2” markets satisfy the first prong of section 210(m)(1)(A). It is just as appropriate for the Commission to find generically, in this rulemaking, that long-term markets exist in the “Day 2” RTO/ISOs as it is to find that those RTO/ISOs operate independently administered, auction-based day ahead and real time wholesale markets within the meaning of section 210(m)(1)(A)(i). 
                    </P>
                    <FTNT>
                        <P>
                            <SU>19</SU>
                             
                            <E T="03">Securities and Exchange Comm'n</E>
                             v. 
                            <E T="03">Chenery</E>
                            , 332 U.S. 194, 202-03, 
                            <E T="03">reh'g denied</E>
                            , 332 U.S. 747 (1947).
                        </P>
                    </FTNT>
                    <P>
                        30. These generic findings do not violate the requirements of section 210(m)(3), as some petitioners argue. Under section 210(m)(1), the Commission must terminate the purchase requirement if it makes certain findings regarding nondiscriminatory access to specified markets. That provision of the statute does not specify the particular procedural mechanism the Commission must use in making those findings and, thus, the Commission has discretion to act through a rulemaking, case-by-case determinations, or some combination thereof. Section 210(m)(3) does not, as the petitioners appear to assume, require the Commission to await an application from an electric utility in order to make any of the particular findings specified in section 210(m)(1). While the Commission made certain generic findings in the Final Rule, it also required electric utilities (including those in the “Day 2” markets) that seek relief from the obligation to enter into new contracts or obligations with QFs to file an application pursuant to regulations implementing section 210(m)(3).
                        <SU>20</SU>
                        <FTREF/>
                         Thus, the Commission has incorporated the application process into its implementing regulations, combining the application procedures with generic findings and rebuttable presumptions to streamline the Commission's review. The resulting structure is fully consistent with the requirements of both sections 210(m)(1) and 210(m)(3).
                        <SU>21</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>20</SU>
                             Final Rule at P 102.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>21</SU>
                             The comparative structures of sections 210(m)(3) and 210(m)(4) do not support a different outcome. Section 210(m)(4) specifies the procedural requirements for reinstating the purchase requirement 
                            <E T="03">after</E>
                             the Commission has entered an order terminating that requirement and, thus, does not govern the Commission's initial procedures for acting to terminate the requirement.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">2. Section 210(m)(1)(B) </HD>
                    <P>31. Section 210(m)(1)(B) requires termination of the purchase obligation if a QF has nondiscriminatory access to (i) transmission and interconnection services provided by a Commission-approved regional transmission entity pursuant to an open access tariff and (ii) competitive wholesale markets providing a meaningful opportunity to sell long-term and short-term capacity and electricity to buyers other than the interconnecting electric utility. The Commission concluded in the Final Rule that the CAISO and SPP are regional transmission entities within the meaning of the first prong of section 210(m)(1)(B), but made no findings as to the second prong for any market, including those operated by CAISO and SPP. The Commission also stated that any future determinations of what transmission providers qualify as a regional transmission entity within the meaning of the first prong will be made on a case-by-case basis. The Commission provided examples of factors it may consider in making that determination, such as sufficient regional scope or configuration of the multiple discrete transmission systems the regional transmission entity controls. </P>
                    <HD SOURCE="HD3">Requests for Rehearing </HD>
                    <P>32. Occidental argues that the Commission erred in reserving the discretion to deem an entity a “Commission-approved regional transmission entity” in the context of a section 210(m) proceeding. Because section 210(m)(1)(B)(i) refers to a “Commission-approved” entity, Occidental argues that a transmission provider must have been deemed by the Commission to be a “regional transmission entity” prior to the filing of an application for relief from the purchase requirement. </P>
                    <P>
                        33. PacifiCorp argues that evidence of robust bilateral markets or actual sales by a QF to wholesale non-PURPA purchasers should be considered when the Commission determines whether QFs have the requisite “meaningful opportunity” to sell capacity and energy to other buyers within the meaning of section 210(m)(1)(B)(ii). PacifiCorp offers factual examples of QF plans to participate in wholesale markets, depending on market prices, although it acknowledges that the examples it used are extreme and did not materialize. PacifiCorp asks the Commission to establish a rebuttable presumption that evidence of a robust bilateral market featuring liquid trading points, or actual sales by QFs, should be adopted for purposes of implementing section 210(m)(1)(B)(ii). Alternatively, PacifiCorp asks the Commission to provide further guidance as to how the standards of that section will be applied. 
                        <PRTPAGE P="35877"/>
                    </P>
                    <P>34. With regard to the SPP market, OG&amp;E argues that the Commission erred in declining to find that utilities operating in SPP also satisfy the second prong of section 210(m)(1)(B) or to provide guidance with respect to the information required for utilities to make such a showing. OG&amp;E argues that its comments on the NOPR adequately demonstrated that QFs have nondiscriminatory access to competitive markets within SPP. If the evidence it submitted was insufficient, OG&amp;E claims the Commission erred by failing to provide guidance as to what type of information would satisfy the Commission's requirements. OG&amp;E contends that such guidance would reduce the costs and burdens associated with preparing an application under section 210(m). </P>
                    <P>35. With regard to the CAISO market, Cogeneration Association of California argues that the lack of new construction in California, despite a clear supply shortage, is evidence that competitive long-term markets do not exist in that region. Cogeneration Association of California also argues that competitive markets must have price transparency, including both pricing terms and non-price terms, contending that there is virtually no disclosure to any market participant of prices secured or approved for capacity or energy purchased by utilities. Industrial Parties point to other characteristics of the California market that, in their view, would preclude a finding of access to sufficiently competitive markets, such as exit fees, the lack of direct access, and the dominance of utility generation in an otherwise thinly traded market.</P>
                    <HD SOURCE="HD3">Commission Determination </HD>
                    <P>
                        36. We disagree with Occidental's assertion that a transmission entity must have been deemed by the Commission to be a “regional transmission entity” prior to the filing of an application for relief from the purchase requirement. As we explained in the Final Rule, section 210 does not define regional transmission entity and, therefore, the Commission has discretion in interpreting that term. At the time of enactment of section 210(m), Congress was aware of the existence of Commission-approved RTOs and ISOs with varying degrees of regional scope (some spanning many states and some covering only large individual states), as well as the continuing voluntary development of various types of transmission organizations.
                        <SU>22</SU>
                        <FTREF/>
                         It is reasonable to conclude that Congress, by using the generic term “regional transmission entity” in section 210(m)(1)(B)(i), intended to leave it to the Commission's discretion to determine on a case-be-case basis whether or not an entity is regional within the meaning of the statute.
                        <SU>23</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>22</SU>
                             Indeed Congress, in EPAct 2005 incorporated into the Federal Power Act (FPA) definitions of RTO and ISO, with the RTO definition specifically recognizing that such an entity must be of sufficient “regional” scope, whereas the ISO definition does not contain a sufficient regional scope element. Pub. L. 109-58, 1291, 119 Stat. 594, 984 (2005) (codified at 16 U.S.C. 796(27), (28)). 
                            <E T="03">Cf.</E>
                             Pub. L. 109-58, 1286, 119 Stat. 594, 981 (2005) (adding section 206(a)(2) to the FPA, allowing Commission to order refunds for certain sales in “organized” markets).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>23</SU>
                             Congress in section 210(m) did not use the term “regional transmission organization” and thus presumably did not intend to limit a “regional transmission entity” to the regional scope requirements of Order No. 2000. 
                            <E T="03">Regional Transmission Organizations</E>
                            , Order No. 2000, 65 FR 809 (Jan. 6, 2000), FERC Stats. &amp; Regs. ¶ 31,089 (1999), 
                            <E T="03">order on reh'g</E>
                            , Order No. 2000-A, 65 FR 12088 (Mar. 8, 2000), FERC Stats. &amp; Regs. ¶ 31,092 (2000), 
                            <E T="03">dismissed sub nom. Pub. Util. Dist. No. 1 of Snohomish County, Washington</E>
                             v. 
                            <E T="03">FERC</E>
                            , 272 F.3d 607 (D.C. Cir. 2001).
                        </P>
                    </FTNT>
                    <P>
                        37. We also deny rehearing of the decision not to find in the context of this rulemaking that the SPP market satisfies the second prong of section 210(m)(1)(B). While OG&amp;E claims to have provided in its initial comments evidence demonstrating the quality of the SPP market,
                        <SU>24</SU>
                        <FTREF/>
                         what OG&amp;E provided was little more than cursory comments and a description of bidding procedures that are being adopted in Oklahoma. Section 210(m)(1)(B)(ii) requires a showing of “competitive wholesale markets that provide a meaningful opportunity to sell capacity, including long-term and short-term sales, and electric energy, including long-term, short-term and real-time sales, to buyers other than the utility to which the qualifying facility is interconnected.” This provision also provides that “[i]n determining whether a meaningful opportunity to sell exists the Commission shall consider, among other factors, evidence of transactions within the relevant market.” We do not find OG&amp;E's cursory submission sufficient to meet the statutory requirements. Moreover OG&amp;E did not include any evidence of transactions in the SPP market. There was, and continues to be, an insufficient record in this proceeding to find that the SPP market satisfies the second prong of section 210(m)(1)(B). 
                    </P>
                    <FTNT>
                        <P>
                            <SU>24</SU>
                             OG&amp;E Comments at 4-6.
                        </P>
                    </FTNT>
                    <P>
                        38. With regard to OG&amp;E's and PacifiCorp's requests for further guidance, we believe that the statutory language requiring that a QF have a meaningful opportunity to sell capacity and energy to buyers other than the interconnected utility means an actual, and not just theoretical, opportunity. Concrete evidence of transactions would further that finding, as the statutory language implies. To the extent such evidence is not available, we would expect at a minimum a petitioning electric utility to explain any lack of evidence of transactions and to provide a reasoned explanation of how the Commission could find that a meaningful opportunity to sell to buyers other than the interconnected utility exists in the absence of a history of transactions.
                        <SU>25</SU>
                        <FTREF/>
                         PacifiCorp's evidence of QF proposals that never reached fruition does not provide an adequate basis for the Commission to make any presumptions regarding whether particular markets satisfy the requirements of section 210(m)(1)(B)(ii). We continue to believe that it is best to address on a case-by-case basis whether non-RTO/ISOs and RTO/ISOs that do not have both auction-based real-time and day-ahead markets satisfy those statutory requirements.
                        <SU>26</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>25</SU>
                             The Commission is aware that certain types of evidence of transactions may contain information that an electric utility considers to be confidential. If information is considered confidential by the electric utility, procedures exist to maintain its confidentiality.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>26</SU>
                             Final Rule at P 145.
                        </P>
                    </FTNT>
                    <P>
                        39. The claims of Cogeneration Association of California and the Industrial Parties regarding the lack of a sufficiently competitive market in California can be addressed in any individual cases concerning California. We note that the CAISO has been found only to satisfy section 210(m)(1)(B)(i) and that a separate finding of “competitive wholesale markets” is required under section 210(m)(1)(B)(ii). Thus, if a California utility makes a filing pursuant to section 210(m)(3) and § 292.310 of the Commission's regulations, and claims that it satisfies the section 210(m)(1)(B) criteria for relief from the purchase obligation, the issue of whether “competitive wholesale markets” exist will be an issue in that proceeding and the burden will be on the applicant to make the required demonstration.
                        <SU>27</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>27</SU>
                             The Commission also left open the option of California utilities seeking a determination that the California market satisfies section 210(m)(1)(A) by filing requests for declaratory orders, after there is a functioning “Day 2” RTO/ISO in California. Final Rule at P 157.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">3. A Single Standard of Relief </HD>
                    <P>
                        40. As explained above, the Commission concluded in the Final Rule that the most reasonable interpretation of section 210(m)(1) is that Congress, in setting forth three discrete tests for three different types of markets, was directing the Commission to differentiate among three different 
                        <PRTPAGE P="35878"/>
                        markets, access to which would require termination of the purchase requirement provided such access is available on a nondiscriminatory basis. A number of petitioners had advocated a different interpretation of section 210(m)(1), arguing that subparagraphs (A), (B), and (C), when read together, establish a single standard for relief from the purchase requirement. In their view, these separate provisions together require electric utilities to demonstrate that a QF would remain economically viable or would otherwise have access to the technical equivalent of the purchase requirement in order to terminate the purchase requirement. The Commission rejected that view by interpreting section 210(m)(1) as establishing different standards for each of the three types of markets identified in subparagraphs (A), (B), and (C). 
                    </P>
                    <HD SOURCE="HD3">Requests for Rehearing </HD>
                    <P>41. American Forest &amp; Paper and CCC again challenge the Commission's determination that the three standards of relief described in section 210(m)(1) were intended to be different in terms of the organization and competitiveness of the relevant market or the evidentiary showings required for each. They argue that EPAct 2005 did not repeal PURPA or the Commission's obligation to encourage QF development and, therefore, the Commission's interpretation of section 210(m)(1) is unreasonable. American Forest &amp; Paper and CCC suggest that section 210(m)(1)(C) clearly requires markets under subparagraphs (A), (B) and (C) to be of similar competitive quality since markets that satisfy subparagraph (C) must be “similar” to those described in subparagraphs (A) and (B). American Forest &amp; Paper and CCC conclude that the Commission has adopted an unreasonable statutory construction by interpreting section 210(m)(1) as referring to three distinct types of markets. </P>
                    <HD SOURCE="HD3">Commission Determination </HD>
                    <P>42. The Commission denies requests for rehearing of the determination not to adopt a single test to evaluate whether the requirements of section 210(m)(1) are met. We continue to believe, as we found in the Final Rule, that the most reasonable interpretation of section 210(m)(1) is that Congress, in setting forth discrete tests for three different types of markets, was requiring the Commission to differentiate among these markets and the differing circumstances they present in determining whether a utility is relieved of the purchase requirement. As discussed above, this interpretation is supported by the different language Congress used in subparagraphs (A) and (B) and the consequent need to make meaningful distinctions in the explicit statutory language Congress used. Otherwise, subparagraphs (A) and (B) presumably would have been collapsed by Congress into one test. </P>
                    <P>43. We agree the reference in section 210(m)(1)(C) to markets that are of “comparable competitive quality as markets described in subparagraphs (A) and (B)” indicates Congress' belief that those two types of markets share a certain set of competitive qualities. It does not follow, however, that the Commission should disregard the specific statutory tests in each of those subparagraphs when applying section 210(m)(1). The structure of section 210(m)(1), which separately describes different types of markets, makes clear that Congress was establishing a particular set of tests for the Commission to apply. In the Final Rule, the Commission adopted the most reasonable interpretation of subparagraph (C)—that Congress believed the two types of markets identified in subparagraphs (A) and (B), while distinct between themselves, contain certain competitive qualities that justify termination of the purchase requirement for any QF with nondiscriminatory access to those markets. Subparagraph (C) directs the Commission to consider these competitive qualities when analyzing whether there are other markets that, while not meeting the specific requirements of subparagraphs (A) and (B), are sufficiently competitive to justify termination of the purchase requirement. </P>
                    <P>
                        44. The fact that the markets identified in subparagraphs (A) and (B) contain certain competitive qualities does not mean that they are the same type of market, or that a single test must be adopted for determining whether a particular market satisfies the requirements of a particular subparagraph. Such an interpretation would undermine Congress's decision to separately identify the two types of markets that it believes are sufficiently competitive to justify termination of the purchase requirement. It would also conflict with the particular determinations to be made under each of the subparagraphs. Subparagraph (A) explicitly refers to both “day ahead and real time” (
                        <E T="03">i.e.</E>
                        , “Day 2”) organized markets. RTO/ISO day-ahead and real time markets are operated pursuant to Commission tariffs containing market rules and market mitigation aimed at preventing exercises of market power. It is reasonable to conclude that Congress assumed these markets to be sufficiently competitive, in combination with markets for long-term contracts, to justify termination of the mandatory purchase obligation. 
                    </P>
                    <P>45. As we noted in the Final Rule, “Day 2” markets are generally recognized as providing greater opportunities for QFs and other independent generators to make sales to a large number of buyers than other markets because the existence of day-ahead and real-time energy markets allows all competing generators to submit bids to participate on a nondiscriminatory basis in a market from which many buyers over a large area make purchases. While the “Day 1” markets also provide opportunities for independent generators to compete, the markets are more limited. It is therefore not surprising that the factual showing required under section 210(m)(1)(B) is more difficult relative to section 210(m)(1)(A), which enjoys the benefit of the “Day 2” market structures. These different standards support, rather than undermine, the Commission's interpretation that subparagraphs (A) and (B) separately identify the particular markets that Congress has deemed sufficiently competitive to justify termination of the purchase requirement. </P>
                    <P>46. The Commission's task under section 210(m)(1)(C) is, therefore, to determine the set of competitive qualities that are shared by markets satisfying the requirements of subparagraphs (A) and (B). Recognizing this task, the Commission declined in the Final Rule to adopt any bright line tests when applying subparagraph (C). Simply put, the common objective of subparagraphs (A) and (B), and therefore subparagraph (C), is the identification of a wholesale marketplace where QFs have alternatives to their local utility to sell their electric energy. We believe the three-tiered structure of section 210(m)(1) indicates a finding by Congress that two particular market designs provide those alternatives, while directing the Commission to consider whether other market designs might as well. </P>
                    <P>
                        47. Congress could have stated a broad, general finding to be made by the Commission such as “workably competitive markets.” Instead, Congress tailored subparagraphs (A) and (B) to establish criteria specific to each market design that, in its view, provide sufficient sales alternatives for QFs. Under these circumstances, we believe it appropriate to use the market designs identified in subparagraphs (A) and (B) as guides when analyzing whether an alternative market design satisfies the 
                        <PRTPAGE P="35879"/>
                        requirements of subparagraph (C). For example, the Commission found in the Final Rule that the markets in ERCOT satisfy the statutory requirements of subparagraph (C) because they are of comparable quality to those described in subparagraph (A). We continue to believe that finding is appropriate and note that no petitioner challenges it on rehearing. 
                    </P>
                    <P>48. Finally, while it is true that EPAct 2005 did not repeal PURPA or the Commission's obligation to encourage QF development, enactment of section 210(m) of PURPA clearly changed the rights of QFs under PURPA. The Commission has no discretion other than to terminate the purchase requirement if it finds that a QF has nondiscriminatory access to any of the markets described in section 210(m)(1)(A), (B) or (C). It would be inappropriate for the Commission to ignore this mandate by implementing section 210(m)(1) in a way that undermines the specific standards of relief Congress chose to establish in the statute. </P>
                    <HD SOURCE="HD2">B. Nondiscriminatory Access to a Market </HD>
                    <P>49. The Commission also must determine that a QF has nondiscriminatory access to a PURPA section 210(m)(1) market in order to terminate the purchase requirement. In the Final Rule, the Commission adopted several presumptions to be used in determining whether access to a particular market is available on a nondiscriminatory basis in order to streamline processing of applications for termination of the purchase requirement. </P>
                    <P>50. First, the Final Rule found that a QF's eligibility for service under an OATT, or a reciprocity tariff filed by a non-public utility, creates a rebuttable presumption that the QF has nondiscriminatory access to the relevant market. Second, the Commission adopted a rebuttable presumption that QFs interconnected with electric utility members of a “Day 2” RTO/ISO have nondiscriminatory access to the “Day 2” market. Finally, regardless of available transfer capability (ATC) under an OATT or location within a “Day 2” market, the Final Rule establishes an additional rebuttable presumption that QFs with a net capacity no greater than 20 MW do not have nondiscriminatory access to wholesale markets. </P>
                    <P>51. These rebuttable presumptions were designed to work together to facilitate prompt Commission review of requests to terminate the purchase requirement within the 90-day time frame mandated in the statute. Various petitioners challenge the adoption of these presumptions on rehearing, which we address below. </P>
                    <HD SOURCE="HD3">1. The OATT </HD>
                    <P>
                        52. The Commission first established a rebuttable presumption that a QF has nondiscriminatory access to a market if it is eligible for service under a Commission-approved OATT, or Commission-filed reciprocity tariff, and Commission-approved interconnection rules.
                        <SU>28</SU>
                        <FTREF/>
                         If the Commission determines that a particular market meets the criteria of section 210(m)(1)(A), (B), or (C), and a QF in that market is eligible for service under an OATT or reciprocity tariff, a QF may seek to rebut the presumption of access to the market by providing specific and credible evidence that the QF does not have nondiscriminatory access due to operational characteristics or transmission constraints. If the QF is unable to make this demonstration, the purchase requirement will be terminated. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>28</SU>
                             Transmission providers are required to provide interconnection as well as transmission services on a nondiscriminatory basis under their OATTs. 
                        </P>
                    </FTNT>
                    <P>
                        53. In the Final Rule, the Commission determined that only issues other than issues related to the provision of open access transmission under the OATT would be considered when analyzing whether the presumption of nondiscriminatory access to markets has been rebutted. The Commission rejected requests to allow a QF to litigate open access implementation issues in the context of these 90-day applications, concluding that complaint proceedings are the appropriate forum for such disputes. The Commission also rejected arguments that it is unreasonable to rely on a presumption that a Commission-approved OATT provides nondiscriminatory access to markets in light of the then-pending NOPR in the OATT reform rulemaking, Docket Nos. RM05-17, 
                        <E T="03">et al.</E>
                        , in which reforms to the pro forma OATT had been proposed. 
                    </P>
                    <HD SOURCE="HD3">Requests for Rehearing </HD>
                    <P>54. Occidental challenges the Commission's reliance on an OATT to create a rebuttable presumption that QFs have nondiscriminatory access to the relevant wholesale markets. Occidental argues that the Commission's actions in the OATT reform rulemaking have demonstrated that, notwithstanding the existence of an OATT, there remain continuing opportunities for undue discrimination by transmission entities. Occidental contends that the Commission's statement in the Final Rule that it had not found actual discrimination in the OATT reform rulemaking is inconsistent with findings in the OATT reform NOPR that deficiencies in the OATT needed to be addressed. In Occidental's view, the Commission's determination in the OATT reform NOPR that there are remaining opportunities for undue discrimination bear directly on the finding that the Commission must make under section 210(m) that a utility is administering its OATT in a nondiscriminatory manner. </P>
                    <P>55. Occidental argues that the Commission's determination that only issues not related to the provision of open access transmission under the OATT may be raised to rebut the presumption of nondiscriminatory access is inconsistent with the statutory language of section 210(m) and is a violation of due process. Industrial Parties assert that the Commission must consider evidence of discrimination when analyzing whether the presumption has been rebutted. Failure to do so would, in their view, violate the Commission's statutory obligation to eradicate discrimination. </P>
                    <P>56. Occidental further argues that the Commission should clarify that QFs under section 210(m)(1)(B) and (C) have the same opportunity to rebut the presumption of nondiscriminatory access as QFs under section 210(m)(1)(A). Occidental notes that the Commission lists several factors in the Final Rule as a possible rebuttal to a finding of nondiscriminatory access to the markets set forth in subparagraph (A), but that it is not clear if the factors are also relevant to the question of whether the purchase obligation should be terminated under subparagraphs (B) and (C). If the Commission does not grant clarification, Occidental requests rehearing on this issue. </P>
                    <P>
                        57. Cogeneration Association of California argues that existence of an OATT is insufficient to guarantee nondiscriminatory access since it may not provide physical transmission rights. Because QFs generate electricity as a necessary by-product of their service to their thermal hosts, Cogeneration Association of California contends that a cogenerator must have a physical location to deliver the electricity. Cogeneration Association of California argues that this requires physical transmission rights that recognize the operating requirements of cogeneration operations. In its view, the lack of physical delivery rights places a cogeneration QF in the untenable situation of either ceasing operation or violating ISO tariff and scheduling protocols, thereby incurring penalties or sanctions. Cogeneration Association of 
                        <PRTPAGE P="35880"/>
                        California goes on to illustrate its concern using the California market redesign effort as an example. Because the congestion revenue rights are allocated first to load-serving entities, and the remainder are auctioned to other market participants, Cogeneration Association of California fears that existing QFs would be unable to hedge congestion and that new projects would be unable to obtain long-term rights necessary to support long-term contacts, a prerequisite for financing. 
                    </P>
                    <P>58. Occidental adds that, if the Commission does not reject the OATT presumption on rehearing, it should require applicants to submit at a minimum additional information such as clear and specific definitions and descriptions of each real-time, short- and long-term market the utility claims in its section 210(m) application that the QF is able to access on a nondiscriminatory basis. </P>
                    <P>
                        59. Multiple petitioners argue that the Commission erred by establishing any form of rebuttable presumption. Industrial Parties contend that the Administrative Procedure Act requires that the applicant for relief—in this case an electric utility—has the burden of proof.
                        <SU>29</SU>
                        <FTREF/>
                         Industrial Parties argue that an agency may not use a presumption to shift the burden of proof if the result is not in keeping with the statutory purpose and, in their view, it runs counter to section 210(m) to impose on QFs the burden to prove a lack of nondiscriminatory access to markets since the relevant information concerning transmission and access to markets is most likely in the possession of the utility rather than the QF. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>29</SU>
                             Industrial Parties Request for Rehearing at 7 (
                            <E T="03">citing Hi-Tech Furnace Sys.</E>
                             v. 
                            <E T="03">FCC,</E>
                             224 F. 3d 781 (D.C. Cir. 2000); 
                            <E T="03">Pub. Serv. Comm'n of New York</E>
                             v. 
                            <E T="03">FERC,</E>
                             866 F.2d 487 (D.C. Cir. 1989)). 
                        </P>
                    </FTNT>
                    <P>60. PIOs argues that creating rebuttable presumptions that electric utilities meet section 210(m) requirements is contrary to the plain language of section 210(m)(3). PIOs argues that, when a utility seeks relief from the mandatory purchase obligation, the Commission is required by section 210(m)(3) to consider evidence of the assertion that the required access and markets are actually available to QFs in the utility's service territory, including a utility in an RTO. In PIOs' view, the Commission is not authorized to permit utilities to escape the obligation to set forth facts that demonstrate that the conditions provided in section 210(m)(1)(A), (B) or (C) have been met for the QFs in its territory. </P>
                    <P>
                        61. American Forest &amp; Paper and CCC agree, 
                        <E T="03">citing NICOR Exploration Co.</E>
                         v. 
                        <E T="03">FERC</E>
                         
                        <SU>30</SU>
                        <FTREF/>
                         for the proposition that the Commission incorrectly shifts the burden of proof away from electric utilities through adoption of rebuttable presumptions. American Forest &amp; Paper and CCC state that 
                        <E T="03">NICOR</E>
                         found that the Commission erred by shifting the burden for a natural gas producer to prove that an area rate clause authorized incentive based rates.
                        <SU>31</SU>
                        <FTREF/>
                         American Forest &amp; Paper and CCC argue that that situation is directly analogous to the issue in this proceeding, where the Commission has relieved electric utilities of proving that QFs have non-discriminatory access to wholesale markets and, instead, forced QFs to prove the absence of such access. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>30</SU>
                             
                            <E T="03">NICOR Exploration Co.</E>
                             v. 
                            <E T="03">FERC,</E>
                             50 F.3d 1341 (5th Cir. 1995) (
                            <E T="03">NICOR</E>
                            ). 
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>31</SU>
                             American Forest &amp; Paper and CCC Request for Rehearing at 25. 
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">Commission Determination </HD>
                    <P>62. The Commission denies rehearing of the adoption of a rebuttable presumption that eligibility for service under a Commission-approved OATT, or Commission-filed reciprocity tariff, provides nondiscriminatory access to the market. We first address arguments against the use of any form of rebuttable presumption and then turn to arguments against relying on the OATT in particular. </P>
                    <P>63. The Commission denies rehearing regarding the use of rebuttable presumptions in processing requests to terminate the purchase requirement. As discussed in paragraph 30 above, under the plain language of section 210(m)(1), it is the Commission's responsibility to find that there is nondiscriminatory access to certain specified markets prior to terminating the purchase requirement. The use of rebuttable presumptions serves to identify, in advance, the Commission's preliminary analysis, subject to future evidentiary submissions, thereby streamlining the application review process. The Commission believes this will facilitate prompt processing of applications under section 210(m), which is required by section 210(m)(3), and ultimately benefit QFs and electric utilities alike by providing advance notice of how the Commission will consider certain issues. Abandoning the use of rebuttable presumptions, as some petitioners advocate, would unduly complicate the application process and impair the Commission's ability to act within the 90-day timeframe required by section 210(m)(3). Moreover, these rebuttable presumptions were not created in a vacuum. They are based on the Commission's experience in implementing non-discriminatory open access transmission over the past 11 years, its experience with QF issues (including interconnection issues) over the past 29 years, and its experience with RTO/ISO markets over almost 10 years. </P>
                    <P>
                        64. The cases cited by petitioners, which taken together stand for the proposition that the proponent of a rate change bears the burden of proving that change satisfies the relevant statutory or regulatory requirements, are therefore inapposite.
                        <SU>32</SU>
                        <FTREF/>
                         The rebuttable presumptions do not relieve the Commission of its ultimate responsibility to make findings under section 210(m)(1) prior to relieving an electric utility of the purchase requirement. Instead, they simply provide advance notice of how the Commission will carry out that responsibility. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>32</SU>
                             
                            <E T="03">See Hi-Tech Furnace Sys.</E>
                             v. 
                            <E T="03">FCC,</E>
                             224 F.3d 781 (D.C. Cir. 2000); 
                            <E T="03">Pub. Serv. Comm'n of New York</E>
                             v. 
                            <E T="03">FERC,</E>
                             866 F.2d 487 (D.C. Cir. 1989); 
                            <E T="03">NICOR Exploration Co.</E>
                             v. 
                            <E T="03">FERC,</E>
                             50 F.3d 1341 (5th Cir. 1995). 
                        </P>
                    </FTNT>
                    <P>
                        65. The rebuttable presumptions are also consistent with the requirements of section 210(m)(3), which establishes the procedures to be followed when an electric utility requests that the Commission make the finding of nondiscriminatory access to a market identified in section 210(m)(1)(A), (B), or (C). As required in section 210(m)(3), the regulations promulgated in the Final Rule clearly require a petitioning electric utility to state the factual basis on which it relies and describe why the conditions set forth in subparagraphs (A), (B), or (C) are met.
                        <SU>33</SU>
                        <FTREF/>
                         That factual basis could include the factual determinations made in the Final Rule regarding certain markets satisfying the criteria of those subparagraphs, the presumptions adopted in the Final Rule regarding nondiscriminatory access, or any other factor the electric utility considers relevant to the determination the Commission must make under section 210(m)(1). There is no conflict between the use of rebuttable presumptions and the procedural requirements of section 210(m)(3). 
                    </P>
                    <FTNT>
                        <P>
                            <SU>33</SU>
                             
                            <E T="03">See</E>
                             18 CFR 292.310. 
                        </P>
                    </FTNT>
                    <P>
                        66. We reiterate that the rebuttable presumptions adopted in the Final Rule—some of which are presumptions in favor of the electric utility and some of which are in favor of the QF—are not final determinations. Each of these presumptions is expressly rebuttable. Electric utilities and QFs alike will have the opportunity to present case-specific evidence in support of or against 
                        <PRTPAGE P="35881"/>
                        application of the presumption on review of a request to terminate the purchase requirement. For example, regarding the OATT presumption in particular, there may be circumstances unique to a particular QF that interfere with that QF's nondiscriminatory access notwithstanding its eligibility for service under an OATT. The QF might have operational characteristics that effectively prevent its participation in a market. The QF might lack access to a mechanism to schedule transmission service or make advance sales on a consistent basis. Each QF will be in the best position to have knowledge of the particular circumstances that interfere with its ability to access the market through the OATT and, thus, requiring the QF to submit evidence of its lack of nondiscriminatory access is entirely reasonable. The Commission clarifies that the ability to rebut the presumption of nondiscriminatory access applies regardless of the market in which the QF is located. 
                    </P>
                    <P>67. The Commission was nonetheless sensitive to the QFs' potential need for information relevant to rebutting the presumption of nondiscriminatory access. The Commission therefore required petitioning electric utilities to submit information regarding transmission constraints, levels of congestion, and interconnections in order to give potentially affected QFs data that may be relevant to rebutting the presumption that they have access to the market. With these informational safeguards in place, we believe that reliance on a rebuttable presumption regarding nondiscriminatory access to the market is reasonable. </P>
                    <P>
                        68. We also reject arguments on rehearing that the Commission failed to justify reliance on the OATT in particular when formulating its rebuttable presumptions. Since issuance of the Final Rule, the Commission has issued Order No. 890, adopting reforms to the OATT to ensure that transmission customers continue to have nondiscriminatory access to transmission service.
                        <SU>34</SU>
                        <FTREF/>
                         The Commission's findings in Order No. 890 do not, however, conflict with the rebuttable presumption adopted in this proceeding, as petitioners claim. The Commission did not find in Order No. 890 that any transmission provider actually discriminated against a particular customer and, instead, found that there remained 
                        <E T="03">opportunities</E>
                         for such discrimination that needed to be remedied.
                        <SU>35</SU>
                        <FTREF/>
                         The fact that opportunities remained for discrimination in the provision of transmission service (which, we add, we have now addressed) would conflict with an irrebuttable presumption of nondiscriminatory access, not a rebuttable presumption. The rebuttable nature of the presumption acknowledges that a QF may not actually have nondiscriminatory access and leaves that determination for case-by-case review by the Commission. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>34</SU>
                             
                            <E T="03">Preventing Undue Discrimination and Preference in Transmission Service,</E>
                             Order No. 890, 72 FR 12266 (Mar. 15, 2007), FERC Stats. &amp; Regs. ¶ 31,241 at P 443 (2007).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>35</SU>
                             
                            <E T="03">Id.</E>
                             at P 42.
                        </P>
                    </FTNT>
                    <P>69. At the same time, the underlying structure of the OATT, even before the reforms adopted in Order No. 890 are implemented, and certainly after, counsels in favor of the rebuttable presumption that eligibility for service under an OATT provides nondiscriminatory access to markets. Under the OATT, transmission providers must make transmission capacity available to all customers on a nondiscriminatory basis, thereby ensuring a level playing field for all market participants attempting to access supplies. That requirement by definition satisfies the nondiscriminatory access criteria of section 210(m). To the extent a QF believes that it in fact is not receiving nondiscriminatory access to the market, however, it can make that demonstration in response to an electric utility's application to terminate the purchase requirement. </P>
                    <P>70. In response to arguments by Cogeneration Association of California that the existence of an OATT is insufficient to guarantee nondiscriminatory access because it may not provide physical rights, we note that in organized markets which offer financial transmission rights, these financial rights are in addition to, not in place of, physical rights. In essence, the Cogeneration Association of California is arguing that the Commission should provide a QF with transmission services superior to those available to other generators in the organized markets. However, section 210(m)(1) requires that a QF have nondiscriminatory access to one of the markets specified in section 210(m)(1)(A), (B), or (C); it does not guarantee a QF preferential access to transmission service. To the extent that Cogeneration Association of California also argues that a QF that has contractual obligations to thermal hosts does not have the flexibility to participate in markets where the access is provided by financial, rather than physical, transmission rights, the Commission in its regulations has provided each QF the opportunity to argue that its operational characteristics prevent the qualifying facility's participation in a market. Thus any QF that believes it does not have nondiscriminatory access to the market (regardless of whether access is provided by physical or financial rights) has the right to rebut the OATT presumption of access in response to an electric utility filing seeking termination of the mandatory purchase obligation. </P>
                    <P>71. The Commission also declines to adopt Occidental's recommendation to require additional information from electric utilities relying on the OATT presumption. The filing requirements of § 292.310 of the Commission's regulations, as modified below, are sufficient to provide the Commission with the information necessary to promptly process applications for termination of the purchase requirement. </P>
                    <P>72. Finally, the Commission grants clarification of its determination in the Final Rule that only issues other than issues related to the provision of open access transmission under the OATT will be considered when analyzing whether the presumption of nondiscriminatory access to markets has been rebutted. The Commission continues to believe that complaint proceedings are the appropriate forum for such disputes. However, where there are pending complaints raising credible issues concerning a transmission provider's implementation or administration of its OATT, the Commission will also consider that fact, as appropriate, when evaluating whether a QF does in fact have nondiscriminatory access to the market. </P>
                    <HD SOURCE="HD3">2. “Day 2” Markets </HD>
                    <P>
                        73. The Final Rule provided for a second rebuttable presumption specific to QFs operating in a “Day 2” market. Because members of the “Day 2” RTO/ISOs have turned over the operation of their transmission facilities to an independent entity that has no stake in the marketplace and that ensures all users of the transmission system are treated on a nondiscriminatory basis and are provided access to their markets, the Commission established a rebuttable presumption that QFs interconnected with electric utility members of a “Day 2” RTO/ISO have nondiscriminatory access to that “Day 2” market. Since the Commission found that the existing “Day 2” markets satisfied the requirements of section 210(m)(1)(A), this creates a rebuttable presumption that electric utility members of the existing “Day 2” RTO/ISOs are relieved of the purchase requirement. 
                        <PRTPAGE P="35882"/>
                    </P>
                    <P>74. The Commission declined to apply this presumption of nondiscriminatory access to entities that are not members of the “Day 2” RTO/ISOs. In order for such entities to obtain relief of the purchase requirement, the Commission stated that they must file an application pursuant to either section 210(m)(1)(B) or (C), to be reviewed on a case-by-case basis by the Commission. </P>
                    <HD SOURCE="HD3">Requests for Rehearing </HD>
                    <P>75. Industrial Parties argue that the Commission does not have sufficient experience to impose a presumption of access in the “Day 2” markets. In their view, these markets are nascent and the Commission does not have the ability to determine whether QFs have sufficient access to competitive alternatives to justify relieving electric utilities within those markets of the mandatory purchase obligation. </P>
                    <P>
                        76. NRECA, on the other hand, argues that it is arbitrary and capricious to deny to non-member utilities within or adjacent to the footprint of a “Day 2” RTO/ISO the same presumption accorded to RTO/ISO members. NRECA contends that there is no basis for denying non-RTO member utilities adjacent to an RTO the same presumption where the non-RTO member utilities have a Commission-approved OATT or reciprocity tariff. NRECA also argues that the Final Rule appears inconsistent as to which standard a non-RTO member within a “Day 2” RTO footprint must satisfy in order to obtain a waiver from the purchase requirement. Although the Final Rule provides that non-RTO members, if they are located within or adjacent to the footprint of a “Day 2” RTO, must satisfy the section 210(m)(1)(B) or (C) standards in order to remove the purchase obligation, NRECA notes that the Final Rule also states that any electric utility may file an application for relief from the purchase requirement by showing nondiscriminatory access to any of the section 210(m)(1)(A), (B) or (C) markets.
                        <SU>36</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>36</SU>
                             NRECA Request for Rehearing at 8 (
                            <E T="03">citing</E>
                             Final Rule at P 125, 151).
                        </P>
                    </FTNT>
                    <P>77. NRECA also argues the Final Rule effectively allows QFs interconnected to an RTO member that has had its purchase requirement terminated to have the option of participating in that RTO market or requesting wheeling service to whichever non-member utility within or adjacent to the RTO's footprint has the highest avoided cost. NRECA expresses concern that the QF in this circumstance could seek to consummate a mandatory purchase agreement with a distant utility, notwithstanding termination of the purchase obligation for its interconnected utility. NRECA therefore asks the Commission to address this unintended consequence on rehearing. </P>
                    <P>78. Even if Congress assumed that QFs in RTO regions have access to nondiscriminatory transmission services, as well as meaningful opportunities to sell long-term capacity/energy in competitive markets, PIOs argues that it does not follow that Congress intended to permit utilities in those regions to bypass section 210(m)(3) requirements or to authorize the Commission not to consider evidence of actual QF access to required services and markets when utilities in those regions seek to end their PURPA obligations. </P>
                    <HD SOURCE="HD3">Commission Determination </HD>
                    <P>
                        79. The Commission denies rehearing of its decision to adopt a rebuttable presumption that QFs interconnected with electric utility members of a “Day 2” market have nondiscriminatory access to that “Day 2” market. Arguments that the “Day 2” markets do not provide QFs sufficient competitive alternatives are rejected above.
                        <SU>37</SU>
                        <FTREF/>
                         The Commission has sufficient experience with the four “Day 2” markets to determine that QFs have nondiscriminatory access to those markets. Industrial Cogenerators offers no reason to depart from the statutory language and impose a more rigorous standard. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>37</SU>
                             
                            <E T="03">See supra</E>
                             P 19-30, 41-48.
                        </P>
                    </FTNT>
                    <P>80. The Commission also denies rehearing of its decision to limit application of the “Day 2” presumption only to member utilities of the particular “Day 2” RTO/ISO. Member utilities have turned over control of their transmission to the regional organization. As a result, QFs interconnected with a member utility may offer their energy into the RTO/ISO day ahead and real time energy markets without any additional concerns about securing transmission capacity. These QFs face few, if any, barriers to be able to sell energy and capacity to any willing purchaser within the RTO/ISO region, subject to the purchaser's willingness to pay any relevant congestion charges. </P>
                    <P>
                        81. In contrast, non-member utilities have retained control over their transmission facilities and, thus, control the only access interconnected QFs have to the market. While an OATT or reciprocity tariff will provide a QF interconnected with a non-member utility with access to the market within that particular utility's subregion, the QF must compete with the non-member utility to secure transmission service in order to access the nearby regional market. Issues may arise concerning ATC and a range of other open access, commercial, and coordination (with the RTO or ISO) matters that are more appropriately examined on a case-specific basis.
                        <SU>38</SU>
                        <FTREF/>
                         Accordingly, it is reasonable for the Commission to limit application of the rebuttable presumption that the four RTO/ISOs meet the statutory standards under PURPA 210(m)(1)(A) only to member utilities of those regional organizations. Non-member utilities remain free, though, to seek termination of the obligation to purchase from QFs in individual cases. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>38</SU>
                             For example, QFs interconnected with member utilities would not experience rate pancaking for transmission service to access the market, additional risks and costs of possible curtailment outside of the locational marginal price (LMP) managed market, or increased scheduling burdens associated with taking service over an intervening transmission system under the OATT (in comparison to directly scheduling energy deliveries in the day-ahead and real-time LMP markets).
                        </P>
                    </FTNT>
                    <P>82. NRECA is correct that any electric utility may file an application for relief of the purchase obligation under any subparagraph of section 210(m)(1). We clarify that the Commission's conclusion not to apply a presumption of nondiscriminatory access to non-member utilities of a “Day 2” RTO/ISOs does not preclude such utilities from seeking to satisfy the requirements of subparagraphs (A), (B), or (C), as the regulations in Part 292 of the Commission's regulations expressly provide. </P>
                    <P>
                        83. In response to NRECA's concern that a QF interconnected with a member utility of a “Day 2” market will seek PURPA contracts with adjacent utilities, using QF wheeling rights, we do not interpret section 210(m) to permit this. Section 210(m)(1) provides that “no electric utility” shall be subject to the purchase requirement if the Commission finds that the QF has nondiscriminatory access to one of the specified markets. Thus, once the Commission makes a finding that a particular QF has nondiscriminatory access to one of the specified markets, no electric utility shall be required to enter into a new contract or obligation with that QF. The QF would therefore no longer be able to impose the purchase requirement on any electric utility. If a QF that has been found to have nondiscriminatory access to one of the specified markets pursuant to the request of a particular electric utility seeks to enforce the purchase obligation against another electric utility, the 
                        <PRTPAGE P="35883"/>
                        second electric utility may file an application to terminate its purchase obligation with respect to that QF, and the Commission would consider its findings in the first proceeding to be determinative, absent a showing by the QF that circumstances, either nondiscriminatory access or the state of the markets, have changed. 
                    </P>
                    <HD SOURCE="HD3">3. Small Size </HD>
                    <P>84. Notwithstanding the presumption of nondiscriminatory access afforded by the OATT or the structure of the “Day 2” markets, the Commission concluded in the Final Rule that certain QFs may nonetheless have difficulty accessing the market due to their small size. The Commission, therefore, adopted an additional rebuttable presumption that small QFs do not have nondiscriminatory access to the market, regardless of whether the QF is an eligible customer under an OATT or interconnected with a member utility of a “Day 2” RTO/ISO. Although the Commission did not specify in the Final Rule what evidence would be sufficient to rebut this presumption, it did note that relevant evidence could include the extent to which the small QF has been participating in the market or is owned by, or is an affiliate of, an entity that has been participating in the relevant market. The Commission also found that a reasonable and administratively workable definition of “small” is 20 MW net capacity or smaller. </P>
                    <HD SOURCE="HD3">Requests for Rehearing </HD>
                    <P>85. On rehearing, petitioners raise several issues regarding the rebuttable presumption for small QFs. Some utilities argue that there should be no special treatment of small QFs and that the rebuttable presumption is an impermissible waiver of section 210(m). Some QFs, however, argue that small QFs should be completely exempt from termination of the mandatory purchase obligation. Various petitioners argue that the Commission should set the threshold for “small” lower or higher. </P>
                    <P>86. Central Vermont argues that making exceptions for certain QFs because of their small size goes against the plain language of the statute, contending that the statute says nothing about allowing the Commission to consider whether it is practical or economical for the QF to reach the wholesale market in question. Central Vermont argues that the Commission's findings with respect to QFs interconnected with member utilities of the “Day 2” RTO/ISO should apply equally to all QFs regardless of size. NRECA similarly argues that Congress did not establish exceptions for size, characterizing the Commission's standards for overcoming this presumption as insurmountable and, therefore, arbitrary and capricious. </P>
                    <P>87. Deere argues, however, that the purchase requirement for small QFs should be retained in full in any market in which that obligation is otherwise lifted for large generators. Otherwise, Deere contends, the rebuttable presumption will be an invitation for expensive litigation. Deere argues that the Commission should treat small QFs in a manner that prevents the costs of defending the rebuttable presumption from becoming a discouragement to the development of small renewable projects. </P>
                    <P>88. CIBO argues that the Commission should expand the size presumption to apply to QFs with a net capacity of 80 MW or less. CIBO contends such treatment would be consistent with the Commission's obligation under EPAct 2005 to issue a rule that ensures continuing progress in the development of efficient electric energy generating technology. CIBO argues that Congress defined “small” in PURPA as 80 MW for small biomass, waste, renewable resources and geothermal resource power generation and, therefore, the Commission's defining of small QFs at 20 MW contravenes Congress's longstanding support of QFs, creates obstacles for some but not all small QFs and upsets capital investment. CIBO argues that the Commission makes no attempt to explain how 20 MW QFs differ from 80 MW QFs and that any differentiation for purposes of unequal statutory treatment must have a rational basis. </P>
                    <P>
                        89. CIBO further argues that the orders cited by the Commission in favor of a 20 MW threshold, such as Order No. 671 
                        <SU>39</SU>
                        <FTREF/>
                         and Order No. 2006,
                        <SU>40</SU>
                        <FTREF/>
                         do not address the operational limits or difficulties that larger QFs have in accessing “Day 2” markets, such as widely fluctuating steam-host demand, siting issues and transmission versus distribution interconnection access issues. Without guaranteed access to markets, CIBO contends that many QFs in the 20-80 MW range will simply stop cogenerating and new industrial cogeneration will not be developed. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>39</SU>
                             
                            <E T="03">Revised Regulations Governing Small Power Production and Cogeneration Facilities,</E>
                             Order No. 671, 71 FR 7852 (Feb. 15, 2006), FERC Stats. &amp; Regs. ¶ 31,203 (2006), 
                            <E T="03">order on reh'g,</E>
                             Order No. 671-A, 71 FR 30585 (May 30, 2006), FERC Stats. &amp; Regs. ¶ 31,219 (2006).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>40</SU>
                             
                            <E T="03">Standardization of Small Generator Interconnection Agreements and Procedures,</E>
                             Order No. 2006, 70 FR 34189 (June 13, 2005), FERC Stats. &amp; Regs. ¶ 31,180 (2005), 
                            <E T="03">order on reh'g,</E>
                             Order No. 2006-A, 70 FR 71760 (Nov. 30, 2005), FERC Stats. &amp; Regs. ¶ 31,196 (2005).
                        </P>
                    </FTNT>
                    <P>90. Finally, CIBO argues that increasing the threshold to 80 MW adds a very small number of QFs and would add little to the amount of capacity compared to total nationwide capacity. In CIBO's view, the Final Rule already requires utilities to purchase power from QFs that are less than 20 MW and, thus, there would not be any material increase in administrative burden for electric utilities to use an 80 MW threshold. </P>
                    <P>
                        91. Industrial Parties argue that the Commission should expand the small size presumption to include any QF that is unable to sell power in 50 MW blocks, regardless of the particular capacity of the facility. Industrial Parties contend that certain over the counter bilateral contracts stipulate a minimum lot increment of 50 MW, which can be a problem for larger QFs (
                        <E T="03">i.e.</E>
                        , above the 20 MW threshold) because their intermittent production of surplus power cannot always or easily be packaged in 50 MW x 16 hour increments. Industrial Parties state that QFs that cannot sell 50 MW blocks have only very limited access to financial markets, at disadvantageous terms. 
                    </P>
                    <P>92. NRECA argues that the Commission's 20 MW threshold is too generous. NRECA states there is evidence in the record that RTOs are capable of transacting with generators with capacities as small as one or two MW depending on the RTO. NRECA contends that no party has demonstrated that the existing RTO processes for utilities between one and 20 MW are ineffective, unduly complicated or overly burdensome. NRECA also suggests that the Commission's earlier decision to simplify interconnection for generators with capacities of less than 20 MW is unrelated to the question of whether QFs have access to markets or, if related, demonstrates that they have such access. </P>
                    <P>
                        93. With regard to how the Commission measures the size of a QF for purposes of applying the rebuttable presumption, the Cogeneration Association of California requests the Commission to clarify it is by reference to capacity delivered to the grid. The Cogeneration Association of California state that cogenerators often supply electricity to on-site load and only supply a portion of their maximum electrical output to the grid. In its view, electricity used to supply on-site load should not be counted for purposes of applying the size presumption. 
                        <PRTPAGE P="35884"/>
                    </P>
                    <HD SOURCE="HD3">Commission Determination </HD>
                    <P>94. The Commission denies the requests for rehearing regarding the rebuttable presumption that small QFs do not have nondiscriminatory access to the market. We continue to believe it is appropriate to adopt a rebuttable presumption that certain QFs do not have nondiscriminatory access to markets because of their small size. The purchase requirement will therefore remain in effect, in all markets, for all QFs with a net capacity of 20 MW or smaller, although electric utilities will have the opportunity to rebut the presumption by showing that a small QF does in fact have nondiscriminatory access to the relevant market. </P>
                    <P>95. We share CIBO's goal of continuing progress in the development of efficient electric generating technology, but disagree with CIBO and other petitioners that we have unreasonably differentiated “small” from “large” QFs. There is no perfect bright line that can be drawn and we have reasonably exercised our discretion in adopting a 20 MW or below demarcation for purposes of determining which QFs are unlikely to have nondiscriminatory access to markets. Moreover, any QF above 20 MW is permitted to demonstrate an inability to access the markets, and any electric utility is permitted to demonstrate that a QF 20 MW or smaller is able to access the markets. The Commission's development of rebuttable presumptions is based on its experience with QFs, transmission interconnections and related market issues, and is designed to provide a reasoned and fair approach for processing applications within the 90-day time frame dictated by the statute.</P>
                    <P>
                        96. While the Final Rule does not make a generic finding that QFs interconnected at a distribution level lack nondiscriminatory access to markets, we believe that it is reasonable to conclude that some, perhaps most, small QFs at or below the 20 MW level can be distinguished from larger QFs by the type of delivery facilities to which they typically interconnect. Most QFs larger than 20 MW are interconnected to higher voltage lines, typically considered to be transmission lines, while smaller QFs tend to be interconnected to lower voltage radial lines, frequently considered to be distribution.
                        <SU>41</SU>
                        <FTREF/>
                         Many lower voltage facilities are radial systems designed to carry power from the high-voltage grid downstream to loads, and there may be technical enhancements required to move power injected into such facilities upstream to the transmission grid to access the broader wholesale market. Smaller QFs are also more likely to have to overcome other obstacles, such as jurisdictional differences, pancaked delivery rates, and perhaps additional administrative procedures, to obtain access to distant buyers.
                        <SU>42</SU>
                        <FTREF/>
                         Taken together, these factors support a rebuttable presumption that smaller QFs have substantially less ability to access wholesale markets than do larger QFs. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>41</SU>
                             
                            <E T="03">See, e.g.,  Standardization of Small Generator Interconnection Agreements and Procedures</E>
                            , Order No. 2006-A, 70 FR 71760 (Nov. 30, 2005), FERC Stats. &amp; Regs.  31,196 at P 105 (2005), (“We expect the vast majority of small generator interconnections will be with state interconnection programs.”); 
                            <E T="03">Id.</E>
                             at P 102 (“a QF selling at retail is not eligible to interconnect under either Order No. 2003 or Order No. 2006. Under the Public Utility Regulatory Policies Act of 1978, such interconnections are governed by state law.”) (citations omitted). 
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>42</SU>
                             
                            <E T="03">See, e.g.,  Standardization of Small Generator Interconnection Agreements and Procedures,</E>
                             Notice of Proposed Rulemaking, 68 FR 49974 (Aug. 19, 2003), FERC Stats. &amp; Regs. ¶ 32,572 (2003) at P 23-25. 
                        </P>
                    </FTNT>
                    <P>97. Although there is no unique and distinct megawatt size that uniquely determines if a generator is small, in other contexts the Commission has used 20 MW, based on similar considerations to those presented here, to determine the applicability of its rules and policies. Indicative of this is the Commission's reliance in the Final Rule on its findings in Order No. 671, where the Commission retained exemptions for QFs that are 20 MW or smaller from sections 205 and 206 of the FPA, and Order Nos. 2006 and 2006-A, where the Commission recognized that generators 20 MW or smaller should have different standards for interconnection than large generators. We continue to believe that 20 MW is the appropriate level at which to apply this rebuttable presumption. </P>
                    <P>
                        98. We disagree with CIBO that the Commission's small QF threshold of 20 MW contradicts Congress's 80 MW definition of small power producers in PURPA section 210(a).
                        <SU>43</SU>
                        <FTREF/>
                         The 80 MW threshold in section 210(a) of PURPA defines the qualification of small power producers eligible for the rights, privileges and protections of QFs. The use of 20 MW in the Commission's implementation of section 210(m) of PURPA serves a fundamentally different purpose. The Commission is distinguishing between small and large facilities to reflect the ability of particular QFs to access markets. Categorically applying the presumption to all small power production facilities, through adoption of a 80 MW threshold, would not appropriately take into account the different considerations that affect a QF's ability to access markets. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>43</SU>
                             16 U.S.C. 796(17)(A)(ii). 
                        </P>
                    </FTNT>
                    <P>99. We also disagree that use of a 20 MW threshold defeats Congressional intent to foster small power production. The purchase requirement remains in place for small power producers that do not have nondiscriminatory access to one of the markets identified in section 210(m)(1)(A), (B), or (C). The purchase requirement can be terminated only if the Commission finds nondiscriminatory access to such markets, which in turn means the small power producers will have the ability to sell their energy and capacity into the wholesale marketplace. </P>
                    <P>
                        100. We reject the request that the Commission expand the small size presumption to include any QF that is unable to sell power in 50 MW blocks, regardless of the particular capacity of the facility. While it may be true that certain over-the-counter bilateral contracts stipulate a minimum lot increment of 50 MW, and while also it may be true that such a contractual requirement may be a problem for some QFs that are larger than 20 MW because of their intermittent production of surplus power, the Commission has provided these larger QFs the opportunity to rebut the presumption of access to the “Day 2” market by showing, among other things, operational characteristics that effectively prevent the QF's participation in a market or that the QF has no access to a mechanism to schedule transmission service or make sales in advance on a consistent basis because of variability of the QF's electric energy production or because of market rules that prevent the QF from scheduling transmission service or participating in organized markets.
                        <SU>44</SU>
                        <FTREF/>
                         The effect of needing to sell in 50 MW blocks may therefore be presented to the Commission in the context of a particular request to terminate the purchase requirement. Expansion of the small size rebuttable presumption to reflect this concern, which may not be relevant in all cases, is thus neither necessary nor appropriate. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>44</SU>
                             Final Rule at P 82-84; 18 CFR 292.309(e)(1). 
                        </P>
                    </FTNT>
                    <P>
                        101. The Commission rejects requests to apply the small size presumption only to much smaller QFs, such as those with a net capacity of one or two MW. We set the rebuttable presumption at an appropriate level, reflecting our understanding of the general nature of QFs' interconnection practices and the relative capabilities of small entities. However, we again stress that the presumption is rebuttable. Electric utilities are free to argue that smaller 
                        <PRTPAGE P="35885"/>
                        entities have nondiscriminatory access to qualifying markets. We believe that the best place to consider such arguments is in the individual cases that electric utilities bring to the Commission.
                    </P>
                    <P>102. Petitioners arguing that the Commission has inappropriately waived the effects of section 210(m) for small QFs mischaracterize the Final Rule. The Commission made clear in the Final Rule that no class of QFs had been shown to uniformly lack nondiscriminatory access based on a single factor and, as such, no justification existed for exempting any category of QFs from any future orders which may terminate a utility's purchase requirement. The Commission did, however, create a rebuttable presumption that small QFs may not have nondiscriminatory access to markets because of their small size. As we explain above, the use of such rebuttable presumptions is fully consistent with the Commission's obligation under section 210(m) and the Commission's need to identify ways to expedite processing of applications. </P>
                    <P>
                        103. To be clear, the use of a rebuttable presumption does 
                        <E T="03">not</E>
                         prevent a utility from seeking to terminate the obligation to purchase power from small QFs, as would be the case if the Commission implemented a waiver. Instead, the use of the rebuttable presumption simply leaves the burden on the utility to show that these smaller entities indeed have nondiscriminatory access. This approach recognizes that, more often than not, a small QF will have greater difficulty obtaining nondiscriminatory access to markets due to the tendency for small QFs to be interconnected to lower voltage radial lines, and the consequent need to overcome other potential obstacles to nondiscriminatory access, such as local distribution access rules that are not within the Commission's jurisdiction, pancaked delivery rates and additional administrative burdens to obtain access to buyers other than the interconnected utility. It is therefore appropriate in the first instance to place on the electric utility the burden of demonstrating that a small QF does in fact have nondiscriminatory access to the types of markets identified in sections 210(m)(1)(A), (B) or (C). Similarly, the rebuttable presumption that QFs above 20 MWs do have nondiscriminatory access to markets does not prevent a QF from providing evidence to the contrary. 
                    </P>
                    <P>
                        104. With regard to the request to clarify how the 20 MW threshold will be measured, the Commission explained in the Final Rule that a QF is required to state its size in terms of “net capacity” when certifying its status as a QF.
                        <SU>45</SU>
                        <FTREF/>
                         Net capacity is the maximum amount of power that the facility is able to produce (gross capacity) less any auxiliary load for devices that are necessary and integral to the power production process (station power). Any power consumed by on-site load at the location of the QF for purposes unrelated to the power production process should not be subtracted from gross capacity for purposes of reporting net capacity. Whether the facility is a Commission-certified facility or a self-certified facility, both are certified at net capacity. Therefore, a QF's Commission-certified (or self-certified) net capacity would determine whether the QF qualifies for the “small size” rebuttable presumption. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>45</SU>
                             Final Rule at P 72, n.41. 
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">C. Filing Requirements </HD>
                    <P>
                        105. In the Final Rule, the Commission found that a utility electing to file for relief from the purchase requirement must submit an application with the Commission providing certain information, including transmission constraints within its service territory in order to give potentially affected QFs information that may be useful in rebutting the presumption that they have access to all aspects of the applicable “Day 2” markets.
                        <SU>46</SU>
                        <FTREF/>
                         The filing requirements are contained in new § 292.310(d) of the Commission's regulations. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>46</SU>
                             Final Rule at P 102. 
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">Requests for Rehearing </HD>
                    <P>
                        106. Industrial Parties contend that the Commission is not sufficiently prescriptive as to the level of detail on transmission availability that utilities should provide in their applications. Industrial Parties argue that the Commission should require the same information on transmission access as in 
                        <E T="03">UniSource Energy Corporation.</E>
                        <SU>47</SU>
                        <FTREF/>
                         Industrial Parties also argue that to enable effective input by QFs and other interested parties, any information provided to support an electric utility's application to terminate its purchase obligation must be provided to all affected QFs at the time of filing. Industrial Parties continue that if a QF later seeks to reinstate the purchase obligation, the electric utility needs to provide current data, and not rely on the data it used to justify termination of the purchase obligation. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>47</SU>
                             
                            <E T="03">UniSource Energy Corporation</E>
                            , 109 FERC ¶ 61,047 (2004) (
                            <E T="03">UniSource</E>
                            ) (reviewing a market monitoring plan submitted in support of a request for Commission authorization of the disposition of jurisdictional facilities for purposes of identifying anticompetitive conduct).
                        </P>
                    </FTNT>
                    <P>107. EEI, however, believes the filing requirements in § 292.310(d)(3) of the Commission's regulations are unduly broad and potentially burdensome. EEI urges the Commission to exempt utilities operating within the footprint of Commission-approved RTO/ISOs that have financial, rather than physical, transmission rights models and ERCOT (which likewise operates under a financial transmission rights model) from the information submission requirements in § 292.310(d)(3). Since a QF has the right to interconnect to transmission within an RTO/ISO that operates under a financial transmission rights model, EEI contends that the QF has access to that market regardless of whether a physical path exists for electric sales. As a result, EEI argues that interconnection and other transmission constraint and congestion studies are of little relevance in determining whether a QF has nondiscriminatory access to transmission in any market with a financial rights transmission model. </P>
                    <P>
                        108. EEI argues that even in markets without financial transmission rights, all new QFs have nondiscriminatory access if they are willing to fund on an up-front basis the transmission upgrades necessary to receive network resource status, 
                        <E T="03">i.e.</E>
                        , if they are willing to comply with Order Nos. 2003 and 2006. Despite the fact that any upgrade costs for firm transmission service are typically rolled into rates, EEI contends that the Commission's transmission pricing policy could require that 
                        <E T="03">existing</E>
                         QFs bear the incremental cost of upgrades if firm transmission service is not available and the costs of the upgrades exceed the rolled-in rate. As a result, EEI argues that the only grounds for rebuttal of the presumption of nondiscriminatory access when OATT service is available should be related to unique operational characteristics of the specific QF or in the rare circumstance in which there is not a sufficient opportunity to relieve a transmission constraint because of unique factors, such as the inability to secure regulatory approval for upgrades or otherwise to remedy physical system limitations. EEI therefore asks the Commission to limit the informational filing requirements to those particular circumstances. 
                    </P>
                    <P>
                        109. In addition, EEI requests the Commission to clarify what is intended by “[r]elevant system impact studies for the generation interconnections, already completed” for both non-RTO/ISO and RTO/ISO regions. EEI states that it is unclear what studies, and what time frames, are contemplated by this 
                        <PRTPAGE P="35886"/>
                        requirement and whether this language is intended to refer to the interconnection studies for existing QFs or for all generator interconnections. EEI requests clarification that “relevant” studies will be limited to studies that are the most recent regarding the QF's impact on the system or the most recent generic studies of the applicable control area. EEI states that, for the last several decades, interconnection studies for QFs not selling to the market have been performed under state oversight. EEI requests that the Commission clarify whether the equivalent of system impact studies performed for QFs pursuant to state regulation should be provided.
                    </P>
                    <P>110. Lastly, if the Commission chooses to maintain the requirements in § 292.310(d)(3) of the Commission's regulations, EEI requests that the requirements identified in paragraph (iii) of § 292.310(d)(3), regarding system impact studies for generator interconnections, be clarified to require all Commission-approved RTO/ISOs to identify and make available to their member transmission owners confidential and public versions of each interconnection study it performs for submission to the Commission. They argue that it is not clear how electric utilities that have transferred operational control of their transmission to RTO/ISOs could fulfill the requirement to provide “relevant system impact studies” without imposing certain requirements on the RTO/ISO. EEI urges the Commission to clarify that submitting studies conducted by the RTO/ISO will be sufficient to meet the informational requirements. </P>
                    <HD SOURCE="HD3">Commission Determination </HD>
                    <P>
                        111. In order to ensure that a potentially affected QF has an adequate opportunity to evaluate potential obstacles to nondiscriminatory access, despite the existence of an OATT or the QF's location in a “Day 2” market, the Commission will maintain the requirement for applicants to submit transmission-related information relevant to a QF's evaluation of this question. Information about the applicant's long-term transmission plan, the location of transmission constraints, levels of congestion, system impact studies, and links to applicant's Open Access Same Time Information System (OASIS) for ATC information will allow a potentially affected QF to detect whether it might be located on a portion of a utility's system where limited transfer capability may constrain its ability to transfer power into the wholesale market. In response to Industrial Parties' concerns that QFs be provided any information used to support an electric utility's application, our rules currently provide that an electric utility must identify with names and addresses all potentially affected QFs.
                        <SU>48</SU>
                        <FTREF/>
                         Electric utilities serve potentially affected QFs with a copy of the application. In addition, the Commission by letter provides notice of the application to the potentially affected QFs and explains comment procedures and how the QFs can access the electric utility's filings.
                        <SU>49</SU>
                        <FTREF/>
                         An interested potentially affected QF should intervene in the proceeding and would then receive any subsequent information provided by an electric utility. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>48</SU>
                             18 CFR 292.310. 
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>49</SU>
                             In the unlikely event a potentially affected QF is intentionally or unintentionally omitted by the electric utility and not served notice of an application, the Commission will take remedial steps as appropriate.
                        </P>
                    </FTNT>
                    <P>
                        112. We disagree with EEI that the filing requirements are unduly broad or burdensome. It is reasonable to place those obligations on the petitioning electric utility, the party requesting the Commission to make the findings required by section 210(m)(1) of PURPA. These filing requirements will facilitate timely processing of the application by the Commission, while also providing QFs with the information necessary for their own evaluation of nondiscriminatory access to wholesale markets. We find that EEI's claim of burden is overstated, since we do not require anything which has not already been developed. It is our experience that most of this documentation is in electronic format and available through online resources.
                        <SU>50</SU>
                        <FTREF/>
                         We clarify, moreover, that an applicant can provide a hyperlink to the relevant studies, if available, rather than submitting complete studies and reports.
                        <SU>51</SU>
                        <FTREF/>
                         We therefore believe that the burden on a utility of providing existing information is minimal and that the benefits to the QFs and the Commission of providing this information readily in one filing will outweigh any such minimal burdens. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>50</SU>
                             We note that the following public and non-public sources contain transmission information: RTO websites for links to publicly available regional transmission plans; OASIS websites for system impact studies including various transmission service requests, available through confidentiality agreements; OASIS websites for posted ATC values, available through an OASIS certificate; and, FERC Form 715 for the Annual Transmission Planning and Evaluation Report submitted to the Commission, available on the FERC website through the Critical Energy Infrastructure Information (CEII) process.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>51</SU>
                             The filing should identify the relevance of the material in the hyperlink. And to the extent that the filing discusses particular portions of such studies and reports, the electric utility should clearly identify those portions by page, paragraph, or similar reference. 
                        </P>
                    </FTNT>
                    <P>
                        113. We deny EEI's request to exempt utilities operating within the footprint of a Commission-approved RTO/ISOs from submitting the information to the extent it is otherwise available from or provided by the RTO or ISO. The fact that electric utilities in RTO/ISO regions may be able to access information required in those filings on an equal basis as other parties, 
                        <E T="03">i.e.</E>
                        , through the RTO/ISO website or databases, does not eliminate the Commission's underlying need for the information to process the application in a timely manner. Furthermore, we emphasize that § 202.310(d)(3) of the Commission's regulations requires the submission of non-publicly available information to the extent it is the only relevant available resource responsive to this requirement. Any need to maintain confidentiality can be addressed in the context of the particular application. 
                    </P>
                    <P>114. We also disagree that the information required in § 292.310(d)(3) is not necessary in RTO/ISO markets with financial transmission rights models. This information is relevant even in the context of financial RTO markets as it will help potentially affected QFs understand the transmission market circumstances they would face if the Commission approves the utility's application. The filing requirements will, in this regard, therefore not be changed for any electric utility seeking termination of the purchase requirement. </P>
                    <P>115. As to the argument that transmission-related information is unnecessary since new QFs have nondiscriminatory access if they fund transmission upgrades necessary to receive network resource status, we disagree. Information about transmission system constraints will allow a potentially affected QF to evaluate the impact of a utility's request on the QF. Transmission constraints also provide valuable information about the scope and geographic reach of the market a potentially affected QF may reach as an alternative to selling to the local utility. </P>
                    <P>
                        116. With regard to EEI's request to explain the phrase “[r]elevant system impact studies for the generation interconnections, already completed,” we clarify that the studies we consider relevant are the most recent system impact studies, already completed, that analyze the generation interconnection to the applicant's transmission substation that is “electrically close” to 
                        <PRTPAGE P="35887"/>
                        the QF's substation.
                        <SU>52</SU>
                        <FTREF/>
                         With respect to EEI's question whether the equivalent of system impact studies performed for QFs pursuant to state regulation should be provided, we clarify that these studies must be submitted if they provide responsive information relevant to the filing requirements. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>52</SU>
                             By “electrically close” we mean any interconnection to the same substation where the QF is connected or to any adjacent substation or interconnection point where power injection to the transmission system has the same or similar impact on the transmission facilities' loadings, as the QF's power injection. 
                        </P>
                    </FTNT>
                    <P>
                        117. We also clarify, as requested by EEI, that submitting studies conducted by an RTO/ISO will be sufficient to meet the informational requirements, provided the submission is complete, 
                        <E T="03">i.e.</E>
                        , the applicant submits every study required (or hyperlinks to the relevant studies) and all related information listed in § 292.310(d). However, we deny EEI's request that the Commission require RTO/ISOs to identify and make available confidential and public versions of each interconnection study it performs. We believe this request is unnecessary. It is our understanding that the current practice within the RTO/ISOs is that the electric utility receives the confidential version of the study from the RTO/ISO, and likely has participated at least in an advisory role in the performance of the study. Therefore, we expect that these studies would already be in the applicant's possession or could be made available to them without placing any extra requirements or burdens on the RTO/ISOs. It is the utility who is filing an application seeking relief from the purchase requirement and, therefore, we believe it is their responsibility to gather and submit the information to the Commission. Additionally, while the publicly available reports are available through the OASIS websites, an applicant still needs to identify those studies that are relevant, and provide them (either physically or by hyperlink) with the filing.
                        <SU>53</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>53</SU>
                             
                            <E T="03">See supra</E>
                             note 51. 
                        </P>
                    </FTNT>
                    <P>
                        118. In response to the Industrial Parties' argument that the Commission is not sufficiently prescriptive as to the level of detail regarding transmission availability required under the Commission's regulations, we deny rehearing in part. As a general matter, we believe the information identified in § 292.310(d)(3) is sufficient to give potentially affected QFs information relevant to evaluate whether there is adequate transmission available for new selling arrangements, subsequent to termination of the utility's purchase requirement.
                        <SU>54</SU>
                        <FTREF/>
                         In addition, the information on processes to be followed to access the markets, identified in § 292.310(d)(4) and (5), is sufficient to give affected QFs information relevant to evaluating nondiscriminatory access to the markets described in section 210(m)(1) of PURPA. The relevant transmission information referred to by Industrial Parties in the 
                        <E T="03">UniSource</E>
                         proceeding is thus embedded in the studies we require to be filed. We do not agree that the other elements offered by 
                        <E T="03">UniSource</E>
                         in the market monitoring plan for its proposed merger are either relevant or necessary to evaluating nondiscriminatory access in this context. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>54</SU>
                             However, we note, in order for a QF to evaluate potential ATC on an applicant's OASIS, the QF will need to determine the type, firmness and duration of transmission service that the affected QF will need for the power it intends to sell on a prospective basis. While this information will provide a potentially affected QF with information about current ATC, it is no guarantee that service from a particular source to a particular load can be provided on a firm basis. Only submission of a request and subsequent reservation of transmission service can provide that level of certainty to any prospective customer.
                        </P>
                    </FTNT>
                    <P>119. We do, however, believe that § 292.310 of the Commission's regulations lacks certain information that will facilitate the Commission's processing of section 210(m) applications. The Commission has processed applications in Docket Nos. QM07-2-000 and QM07-4-000 and as a result of its experience in those dockets finds that additional information from electric utilities would help avoid the need to issue “deficiency” letters or send additional information requests, ultimately slowing down the processing of requests for relief. The Commission therefore amends its regulations to require that the following additional information be submitted: the docket number assigned to each potentially affected QF if it filed for self-certification of QF status or an application for Commission-certification of QF status; the net capacity of each potentially affected QF; the location of each potentially affected QF depicted by state and county and the name and location of the substation where each potentially affected QF is interconnected; the interconnection status of each potentially affected QF including whether the QF is interconnected as an energy or a network resource; and the expiration date of the energy and/or capacity agreement between the applicant utility and each potentially affected QF. The introductory paragraph of § 292.310(c) is thus amended to read as follows: </P>
                    <EXTRACT>
                        <P>(c) An electric utility must submit with its application for each potentially affected qualifying facility: the docket number assigned if a qualifying facility filed for self-certification or an application for Commission certification of qualifying facility status; the net capacity of the qualifying facility; the location of the qualifying facility depicted by state and county, and the name and location of the substation where each qualifying facility is interconnected; the interconnection status of each potentially affected qualifying facility including whether the qualifying facility is interconnected as an energy or a network resource; and, the expiration date of the energy and/or capacity agreement between the applicant utility and each potentially affected qualifying facility. All potentially affected qualifying facilities shall include: </P>
                        <STARS/>
                    </EXTRACT>
                    <P>120. Additionally, in reviewing the regulations adopted in the Final Rule, we have discovered a mistake in § 292.310(d)(3) that we will correct here. The applicant's “long-term transmission plan” referred to in § 292.310(d)(3) was intended to be information required to be filed with an application. Therefore the applicant's “long-term transmission plan” is redesignated as § 292.310(d)(3)(i). Also, in § 292.310(d)(3)(vi), the term “available transmission capacity (ATC)” will be corrected to state “available transfer capability (ATC).” The new § 292.310(d)(3) is amended to read as follows: </P>
                    <EXTRACT>
                        <P>(3) Transmission Studies and related information, including: </P>
                        <P>(i) The applicant's long-term transmission plan, conducted by applicant, or the RTO, ISO or other relevant entity; </P>
                        <P>(ii) Transmission constraints by path, element or other level of comparable detail that have occurred and/or are known and expected to occur, and any proposed mitigation including transmission construction plans; </P>
                        <P>(iii) Levels of congestion, if available; </P>
                        <P>(iv) Relevant system impact studies for the generation interconnections, already completed; </P>
                        <P>(v) Other information pertinent to showing whether transfer capability is available; and </P>
                        <P>(vi) The appropriate link to applicant's OASIS, if any, from which a qualifying facility may obtain applicant's available transfer capability (ATC) information.</P>
                    </EXTRACT>
                    <P>
                        121. Finally, Industrial Parties asks us to clarify that if a QF later seeks to reinstate the purchase obligation pursuant to § 292.311, the electric utility, if it chooses to answer the QF's petition to reinstate, needs to provide current data, and not rely on the data it used to originally justify termination of the mandatory purchase obligation. We decline to make a generic determination here on this matter. If an electric utility answers the QF's petition, it is free to 
                        <PRTPAGE P="35888"/>
                        decide what information to file so as to present its best arguments, based on the content of the QF's filing, the amount of time since the prior proceeding and any indications of changed circumstances in the interim. Our decision on whether to reinstate the purchase obligation will be based on all of the information presented. 
                    </P>
                    <HD SOURCE="HD2">D. Obligation To Sell </HD>
                    <P>122. Section 210(m)(5) of PURPA removes the requirement that an electric utility sell electric energy to any QF if the Commission finds that: “Competing retail electric suppliers are willing and able to sell and deliver electric energy to the qualifying cogeneration facility or qualifying small power production facility; and the electric utility is not required by State law to sell electric energy in its service territory.” </P>
                    <P>123. In the Final Rule, the Commission clarified that lifting the obligation from a particular utility to purchase electric energy from a QF did not relieve such utility of its obligation to sell supplemental, backup, standby and maintenance power to the QF. The Commission explained that any finding under section 210(m)(5) would be made under a separate standard and in a separate proceeding pursuant to § 292.312 of the Commission's regulations. The Commission emphasized that it would strictly interpret the statutory language in such proceedings, noting in particular the reference to “competing retail electric providers” in section 210(m)(5). The Commission concluded that the reference required a finding that the QF has available at least two competing suppliers who are not affiliated with the interconnecting utility. </P>
                    <HD SOURCE="HD3">Requests for Rehearing </HD>
                    <P>
                        124. Industrial Parties request that the Commission condition releasing electric suppliers from their obligation to sell standby and backup power on a finding that a competitive market for power exists. Although utilities in the organized markets may assert that there are multiple retail providers, Industrial Parties contend that in many cases the providers have little capacity to serve the QF profile or would attach a large premium to the price given their interest in serving a stable load. They argue that some utility or other supplier being willing to sell a QF power at some exorbitant price does not satisfy the Commission's duty under PURPA to see that QFs are not exploited and under the FPA to ensure that rates are just and reasonable rates. Industrial Parties also assert one or two suppliers do not make a competitive market and that rates paid by QFs cannot be just and reasonable unless the Commission finds that market power cannot be exercised by those suppliers.
                        <SU>55</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>55</SU>
                             Industrial Parties at P 19-20. 
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">Commission Determination </HD>
                    <P>125. We deny Industrial Parties' request to condition termination of the sales obligation on the existence of a competitive market for replacement power. We continue to believe a strict interpretation of section 210(m)(5) is appropriate in response to requests to terminate the obligation to sell standby and backup power to QFs. All the statute requires is a finding that “competing retail electric suppliers are willing and able to sell and deliver electric energy to” the QF. Competing retail electric suppliers implies two or more sellers, and the word competing suggests some level of competition between them. The requirement that the suppliers be willing and able to deliver also appears to require sufficient capacity to actually make sales. </P>
                    <P>126. In proceedings on applications requesting termination of the sales obligation under § 292.312 of the Commission's regulations, QFs opposing termination of an electric utility's obligation to sell may certainly argue that current practices in a particular market may provide a basis for the Commission to find that there are no “competing retail electric suppliers” in some instances. We will decline to rule generically on such issues in this rulemaking.</P>
                    <P>127. We also reject the Industrial Parties' request to condition relief under section 210(m)(5) on a finding that rates for replacement power are reasonable. We affirm our decision in the Final Rule that the rates for retail service are beyond the Commission's jurisdiction. The Industrial Parties are simply wrong to imply that the Commission must first find a competitive retail market before terminating an electric utility's obligation to sell power to a QF. That argument is based on the same false premise that this Commission is responsible for setting retail rates. Section 210(m) does not shift responsibility for setting or maintaining appropriate retail rates from the States to this Commission. Rather, section 210(m)(5) requires the Commission, before it terminates an electric utility's obligation to sell electric energy to a QF, to find that “competing retail electric suppliers are willing and able to sell and deliver electric energy to the” QF, and that “the electric utility is not required by State law to sell electric energy in its service territory.” Section 210(m)(5) does not require this Commission to pass judgment on State-approved retail rates. </P>
                    <HD SOURCE="HD2">E. Existing Rights and Remedies </HD>
                    <HD SOURCE="HD3">Background </HD>
                    <P>
                        128. Section 210(m)(6) of PURPA protects the rights and remedies under a contract or obligation in effect or pending approval before a state regulatory authority. In the Final Rule, the Commission interpreted the term “obligation” as a “legally enforceable obligation,” which is established through a state's implementation of PURPA. The Commission stated that a QF that had initiated, prior to date of enactment of section 210(m) (
                        <E T="03">i.e.</E>
                        , August 8, 2005), a state PURPA proceeding that may result in a contract or legally enforceable obligation would be considered to have triggered an “obligation” with an electric utility regarding section 210(m)(6). 
                    </P>
                    <P>129. The Commission found that, when a QF contract terminates by its own accord, an electric utility would not be compelled to enter into a new, successor contract with the QF if the purchase requirement has been terminated for the QF. As long as there is mutual agreement between a QF and the electric utility to terminate a contract, the electric utility is not compelled to enter into another contract with the QF. The Commission stated that nothing in the Final Rule was intended to abrogate existing contracts. The Commission noted, however, that there may be contracts containing provisions that provide that legislation such as EPAct 2005, or a Final Rule such as this one, trigger termination of the contract. To the extent the parties to a contract cannot agree whether a termination clause has been triggered, the Commission determined that the issue would be best determined in an individual case-specific proceeding in which the particulars of the contract can be examined. </P>
                    <HD SOURCE="HD3">Requests for Rehearing </HD>
                    <P>
                        130. Deere argues that clarification is required to preserve state law processes as creating legally enforceable obligations in the context of section 210(m)(1). Deere contends that language in paragraph 213 of the Final Rule indicates that an obligation is triggered prior to the utility applying for relief of the PURPA purchase requirement if a QF “has initiated a state's PURPA proceeding that may result in a contract or legally enforceable contract or obligation.” Deere argues that the phrase “state's PURPA proceeding” is too narrow and should be broadened 
                        <PRTPAGE P="35889"/>
                        because it does not recognize that a “legally enforceable obligation” can be created under state law processes which do not involve a docketed state proceeding, such as issuance of regulations. 
                    </P>
                    <P>131. Deere also notes that some states have adopted PURPA implementation approaches that require QFs to first start construction, if not complete it, before an obligation is created in connection with section 210(m). Deere argues that the Commission should therefore clarify that a QF located in a “build first” state triggers a legally enforceable obligation if, prior to the time of the utility PURPA relief application, it has already begun construction. Deere argues that otherwise, QFs that are nearly complete in the construction will be unfairly penalized and the significant capital resources they have committed will be impaired. </P>
                    <P>
                        132. OG&amp;E asks the Commission to clarify that it is not prejudging when—or if—a QF's state PURPA application gives rise to a legally enforceable obligation under PURPA. OG&amp;E contends that the Commission has consistently held that it is for the states, not the Commission, to determine “the specific parameters of individual QF power purchase agreements, including the date at which a legally enforceable obligation is incurred under state law.” 
                        <SU>56</SU>
                        <FTREF/>
                         OG&amp;E states that presuming that a section 210(m)(1) “obligation” exists as of the date a QF files a state application that “may” lead to a legally enforceable obligation is inconsistent with how many states address this issue. OG&amp;E adds that the Commission should also clarify that it is not dictating what factors the states can consider when evaluating whether a QF has established a legally enforceable obligation. 
                    </P>
                    <FTNT>
                        <P>
                            <SU>56</SU>
                             OG&amp;E Request for Rehearing at 5 (
                            <E T="03">citing Metropolitan Edison Co.</E>
                            , 72 FERC ¶ 61,015 at 61,050 (1995)). 
                        </P>
                    </FTNT>
                    <P>133. OG&amp;E asks that the Commission clarify that a utility has the opportunity to respond to a purported legally enforceable obligation by making a section 210(m) filing particularly if the state legally enforceable obligation filing was made between August 8, 2005 and the effective date of the Final Rule, as may be revised on rehearing. OG&amp;E contends that the utility should be able to respond by filing a section 210(m)(1) application with the Commission. </P>
                    <P>134. OG&amp;E also asks that the Commission establish a formal process that allows section 210(m)(1) issues to be evaluated in response to a state PURPA “obligation” filing. It argues that a QF attempting to establish a legally enforceable obligation should be required to provide the utility with formal notice of such a filing, and that within sixty days of such notice, the utility must file the necessary application to satisfy the market criteria. OG&amp;E argues that this opportunity to rebut an obligation is essential where a QF seeks to establish a state-mandated obligation between January 19, 2006 and the effective date of the Final Rule. OG&amp;E states that the Commission made clear in the NOPR that a utility would not be able to submit a section 210(m) application until after a final rule in this rulemaking. OG&amp;E contends that it is therefore unreasonable for the Commission to require utilities to delay submitting section 210(m)(1) applications, and then hold that it is too late to avoid obligations purportedly incurred during the Commission-mandated delay. </P>
                    <P>135. With regard to termination of contracts with a QF, Industrial Parties note that many utility contracts have a change-in-law clause that allows them to terminate current contracts. To the extent that the parties to a contract cannot agree whether a termination clause has been triggered, the Industrial Parties agree that the issue will be best determined in an individual case-specific proceeding in which the particulars of the contract can be examined. Industrial Parties argue, however, that the Commission should clarify that utilities may not use such clauses to terminate their purchase obligation without obtaining a Commission determination pursuant to the processes set out in the Final Rule. </P>
                    <HD SOURCE="HD3">Commission Determination </HD>
                    <P>136. Section 210(m)(6) provides:</P>
                    <EXTRACT>
                        <P>NO EFFECT ON EXISTING RIGHTS AND REMEDIES.—Nothing in this subpart affects the rights or remedies of any party under any contract or obligation, in effect or pending approval before the appropriate State regulatory authority or non-regulated electric utility on the date of enactment of this subsection, to purchase electric energy or capacity from or to sell electric energy or capacity to a qualifying cogeneration facility or qualifying small power production facility under this Act (including the right to recover costs of purchasing electric energy or capacity).</P>
                    </EXTRACT>
                    <P>
                        In the Final Rule, the Commission adopted the statutory language into its regulations 
                        <SU>57</SU>
                        <FTREF/>
                         and pointed out that it had previously addressed the meaning of section 210(m)(6) in 
                        <E T="03">Midwest Renewable Energy Projects, LLC</E>
                        .
                        <SU>58</SU>
                        <FTREF/>
                         In 
                        <E T="03">Midwest Renewable</E>
                        , we rejected the notion that “contract” and “obligation” are synonymous terms. When a utility refuses to enter into a contract with a QF, and the QF seeks state regulatory authority assistance to enforce its PURPA regulations, a non-contractual but still legally enforceable obligation may be created pursuant to the state's implementation of PURPA. The Commission explained in the Final Rule that such obligations do not necessarily involve a single writing containing all material terms and that how QFs may initiate the process varies from state to state. As a result, narrowly defining an “obligation” to encompass only a specific legal arrangement with all the relevant and material rates, terms and conditions established could be at odds with a state's implementation of PURPA. The Commission therefore concluded in the Final Rule that the term “obligation” means a “legally enforceable obligation” which is established through a state's implementation of PURPA.
                        <SU>59</SU>
                        <FTREF/>
                         We affirm the Commission's determination in the Final Rule that a QF that initiated, prior to August 8, 2005, a state PURPA proceeding that may result in a contract or legally enforceable obligation would be considered to have triggered an “obligation” with the electric utility subject to section 210(m)(6) pending the state's determination of whether an enforceable obligation exists. If the state determines that no enforceable obligation exists, then relief from the utility's purchase obligation with respect to that QF may be granted. 
                    </P>
                    <P>
                        137. The Commission clarifies that the date when an “obligation” under PURPA is established is the date such obligation is established by each state regulatory authority or nonregulated utility. In the Final Rule, the Commission noted that the statute grandfathered contracts and obligations entered into before the effective date of EPAct 2005 in section 210(m)(6) of PURPA, but that section 210(m)(1) of PURPA only gives the Commission authority to terminate the obligation to enter into new contracts or obligations. The Commission determined that a QF that has initiated a state PURPA proceeding that may result in a legally enforceable contract or obligation prior to the applicable electric utility filing its petition for relief pursuant to § 292.310 of the Commission's regulations will be entitled to have any contract or obligation that may be established by state law grandfathered.
                        <SU>60</SU>
                        <FTREF/>
                         We see no 
                        <PRTPAGE P="35890"/>
                        reason to change this determination, as the grandfathering of only pre-August 8, 2005 contracts or obligations would undermine any subsequent QF investments. 
                    </P>
                    <P>138. We do note, however, that if a QF argues that any contract or obligation was “pending approval before the appropriate State regulatory authority or non-regulated electric utility,” and thus argues that the utility's obligation to purchase from the QF ought not be terminated pursuant to a § 292.310 proceeding, the Commission will consider those claims in the individual proceedings as they arise. Whether a contract or obligation exists would depend on state law. What we do not expect to see is a race to make filings either to be grandfathered, or to negate a potential obligation filed after August 8, 2005, but prior to a utility's filing for relief from the obligation to enter new contracts or obligations. </P>
                    <P>
                        139. Deere requests that we clarify that a legally enforceable obligation may be created not just by a state PURPA proceeding, but also by other means such as by a state issuing regulations or taking other action reasonably designed to give effect to the Commission's rules. We find that the language “or pending approval” in section 210(m)(6) implies that there has been a filing before a state regulatory authority. As we stated in 
                        <E T="03">Midwest Renewable</E>
                        , “the phrase `or pending approval' [is] quite significant, as it ensures that contracts or obligations that had not yet been entered into but 
                        <E T="03">were being pursued in the context of the state commission proceedings</E>
                         that were pending on the date of enactment of EPAct 2005 will fall within the savings clause.” 
                        <SU>61</SU>
                        <FTREF/>
                         We therefore find that, under most circumstances, there must be some sort of filing before a state regulatory authority for a QF to be “pending approval.” Even under these circumstances, we emphasize, however, that in the division of responsibilities of administering PURPA between this Commission and state regulatory authorities (and non-regulated utilities), it is the state regulatory authorities (or non-regulated utilities) that determine whether and when a legally enforceable obligation is created, and the procedures for obtaining approval of such an obligation. QFs that believe that some other sort of state proceeding has created a legally enforceable obligation under state law may argue their claim before the Commission, and we will make such determinations on a case-by-case basis based on state law. 
                    </P>
                    <P>140. Accordingly, while we agree with Deere that QFs that have begun but not yet completed physical construction, and therefore that have not been able to complete the process for creating a legally enforceable obligation under a “build first” state law, may have utilized a particular state's implementation of PURPA in a way that results in a legally enforceable obligation, such a determination would need to be made on a case-specific basis. Whether the state regulatory authority's process for creating a legally enforceable obligation has begun, and thus there is a contract or obligation pending, depends on state law. A QF may argue that an obligation or contract is pending approval as provided by state law in any proceedings seeking termination of the purchase obligation, or pursuant to a petition for declaratory order. </P>
                    <P>141. The Commission denies OG&amp;E's request to establish a new process by which a utility could use a section 210(m) application to nullify a state proceeding to establish a new QF purchase obligation. OG&amp;E complains that the Commission prevented utility section 210(m) filings from January 19, 2006, when the NOPR issued, until issuance of the Final Rule, and should not now find that QFs initiating state “obligation” proceedings during that interim period, or thereafter, are grandfathered under section 210(m)(6) of PURPA. Under OG&amp;E's proposal, a QF seeking a new state “obligation” determination would be required to notify the utility and the utility would have 60 days to file a section 210(m) application with the Commission; this application would be addressed in a final determination within 90 days. This final determination could then be taken into account by the state in deciding whether to grant the QF's application to create a new “obligation” for the local utility to purchase power from the QF. </P>
                    <P>142. We decline to create the new process requested by OG&amp;E. We continue to believe that the Commission's determination to adopt the language of section 210(m)(6) and to look to state law to determine whether a contract or obligation is pending approval provides a sufficient balance between the rights of the electric utilities seeking relief from the obligation to enter into new contracts or obligations, and the rights of QFs under existing contracts or obligations. </P>
                    <FTNT>
                        <P>
                            <SU>57</SU>
                             Final Rule at P 210-11.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>58</SU>
                             
                            <E T="03">Midwest Renewable Energy Projects, LLC</E>
                            , 116 FERC ¶ 61,017 (2006) (
                            <E T="03">Midwest Renewable).</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>59</SU>
                             Final Rule at P 211-13.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>60</SU>
                             As we noted above, once the Commission has made a finding that a particular QF has 
                            <PRTPAGE/>
                            nondiscriminatory access to one of the specified markets, this conclusion would be binding in proceedings involving the same QF and other electric utilities, absent a showing of changed circumstances. Accordingly, as of the date of the first electric utility's filing seeking termination of the obligation to purchase from a particular QF, any subsequent state filing that a QF makes will not result in a grandfathered obligation.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>61</SU>
                             
                            <E T="03">Midwest Renewable</E>
                             at P 14 (emphasis added).
                        </P>
                    </FTNT>
                    <P>
                        143. We will grant clarification with regard to the termination of existing contracts. Industrial Parties' request is consistent with our other findings with regard to contract termination in the Final Rule. In the Final Rule, in response to comments by AEP, we stated that an electric utility will not be compelled to enter into a new contract as long as there is mutual agreement between a QF and the electric utility to terminate the existing contract. We made clear, however, that “a QF contract is to remain in effect until it terminates by mutual agreement or by its own terms.” 
                        <SU>62</SU>
                        <FTREF/>
                         The Commission also recognized that some contracts contain clauses stating that legislation, such as EPAct 2005, or a Commission action, such as the Final Rule in this docket, may be grounds for termination of the contract. If an electric utility and a QF disagree as to the meaning of a termination clause, either the electric utility or the QF may seek a determination regarding its rights under the termination clause in the appropriate state forum since the issue of whether a QF has a continuing right to sell is a matter of contract interpretation. 
                    </P>
                    <HD SOURCE="HD2">F. Implementation Procedures </HD>
                    <P>
                        144. Section 210(m)(3) of PURPA provides in part that “[a]ny electric utility may file an application with the Commission for relief from the mandatory purchase obligation pursuant to this subsection on a service territory-wide basis.” The Commission essentially incorporated this language into § 292.310 of its regulations. The Commission also determined that an electric utility's mandatory purchase obligation would be suspended upon the filing of its PURPA petition. When an electric utility files its PURPA petition, that electric utility will not be obligated to enter into new contracts or obligations with QFs as of the date its PURPA petition is filed. If the Commission finds that the requirements of section 210(m)(1) of PURPA have been met, then the purchase requirement for that electric utility ends as of the date of the PURPA petition. However, if the Commission finds that the requirements of section 210(m)(1) have not been met, then the electric utility's obligation to enter into new contracts or obligations is reinstated as of the date of the Commission order. 
                        <PRTPAGE P="35891"/>
                    </P>
                    <HD SOURCE="HD3">Requests for Rehearing </HD>
                    <P>145. PacifiCorp and EEI argue that the Commission should clarify the procedures for utilities requesting termination of the mandatory purchase obligation on a “service territory-wide” basis. PacifiCorp notes that the term “service territory-wide” is not defined in PURPA or in the Final Rule and could refer to a portion of a utility's electric infrastructure located in a specific state or could be understood to be synonymous with the control area operated by the applicant. PacifiCorp argues that a single entity (such as PacifiCorp) owning transmission facilities and operates multiple control areas should be able to file separate applications for each control area. PacifiCorp and EEI argue that such clarification would facilitate the processing of applications by the Commission within the time limitations established by Congress. PacifiCorp and EEI request that the Commission clarify that it will interpret “service territory” to be the particular control area or areas identified in the application when the applicant operates multiple control areas spanning several states. </P>
                    <P>146. If the Commission retains the small QF rebuttable presumption, Deere requests that the Commission grant rehearing of its decision to temporarily suspend a utility's PURPA obligation once a request for relief has been filed. Deere argues that the Commission should instead apply the utility's PURPA relief to small QFs only after the Commission makes the required findings with regard to the small QF issue. Deere contends that this would protect small QFs who, at the time of the utility's PURPA relief application, have already begun preliminary development work but have not yet been able to begin utilization of the applicable state law process for creating a legally enforceable obligation. </P>
                    <HD SOURCE="HD3">Commission Determination </HD>
                    <P>147. We clarify that an electric utility may specify in its application the territory within which it seeks to have its purchase obligation terminated. </P>
                    <P>148. We grant Deere's request to distinguish between particular types of QFs for purpose of suspending the mandatory purchase obligation once an application for relief has been filed under section 210(m)(3). The rebuttable presumption that small QFs do not have access to markets will remain in effect and, thus, it is reasonable to retain the mandatory purchase obligation from small QFs pending consideration a PURPA petition. We clarify that to the extent that an electric utility seeks to be relieved of the obligation to purchase from a small QF, the electric utility must rebut the presumption that the small QF does not have nondiscriminatory access to the applicable market prior to the termination of the purchase requirement as applied to that QF, and that the purchase obligation remains in effect until, and if, the Commission makes the finding that the small QF does have nondiscriminatory access to markets that warrant termination of the purchase obligation. </P>
                    <HD SOURCE="HD1">III. Information Collection Statement </HD>
                    <P>
                        149. The regulations of the Office of Management and Budget (OMB) 
                        <SU>63</SU>
                        <FTREF/>
                         require that OMB approve certain information requirements imposed by an agency. OMB has approved the information requirements contained in Order No. 688. Specifically, OMB approved the following information collections and assigned the corresponding OMB control numbers: Small Power Production and Cogeneration Facilities (FERC-556) (1902-0075). 
                    </P>
                    <P>
                        150. On rehearing EEI argues that the filing requirements in § 292.310(d)(3) are unduly broad and burdensome. We have addressed those arguments elsewhere in this order.
                        <SU>64</SU>
                        <FTREF/>
                    </P>
                    <P>151. This order on rehearing adopts a change. Specifically, we are requiring electric utilities filing an application with the Commission for relief from the mandatory purchase requirement to provide more information about the potentially affected QFs, including the docket number assigned if the QF filed for self-certification or Commission certification of qualifying facility status, the location of the QF depicted by state and county, and by the name and location of the substation where the QF is interconnected, and whether the QF is interconnected as an energy or network resource. We do not anticipate that this new requirement to provide additional information about the potentially affected QFs will impose a significant additional burden on electric utilities; the additional information we are requiring is readily available to electric utilities. Accordingly, we will allow the original projected burden estimates expressed in Order No. 688 to stand. </P>
                    <P>
                        Interested persons may obtain information on the reporting requirements by contacting the following: Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 [Attention: Michael Miller, Office of the Executive Director, Phone (202) 502-8415, fax: (202) 273-0873, e-mail: 
                        <E T="03">michael.miller@ferc.gov</E>
                        ] 
                    </P>
                    <P>152. To submit comments concerning the collection of information(s) and the associated burden estimates, please send your comments to the contact listed above and to the Office of Management and Budget, Office of Information and Regulatory Affairs, Washington, DC 20503, Attention: Desk Officer for the Federal Energy Regulatory Commission; Phone: (202) 395-4650, fax: (202) 395-7285. </P>
                    <HD SOURCE="HD1">IV. Document Availability </HD>
                    <P>
                        153. In addition to publishing the full text of this document in the 
                        <E T="04">Federal Register</E>
                        , the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the Internet through FERC's Home Page (
                        <E T="03">http://www.ferc.gov</E>
                        ) and in FERC's Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
                    </P>
                    <FTNT>
                        <P>
                            <SU>62</SU>
                             Final Rule at P 219.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>63</SU>
                             5 CFR 1320.12.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>64</SU>
                             
                            <E T="03">See supra</E>
                             P 112-17.
                        </P>
                    </FTNT>
                    <P>154. From FERC's Home Page on the Internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field. </P>
                    <P>
                        155. User assistance is available for eLibrary and the FERC's Web site during normal business hours from our FERC Online Support at 202-502-6652 (toll-free at 1-866-208-3676) or e-mail at 
                        <E T="03">ferconlinesupport@ferc.gov</E>
                        , or the Public Reference Room at (202) 502-8371 Press 0, TTY (202) 502-8659.  E-Mail the Public Reference Room at 
                        <E T="03">public.referenceroom @ferc.gov</E>
                        . 
                    </P>
                    <HD SOURCE="HD1">V. Effective Date </HD>
                    <P>156. These revisions in this order on rehearing are effective July 30, 2007. </P>
                    <SIG>
                        <P>By the Commission.</P>
                        <P>Commissioner Kelly concurring with a separate statement attached. </P>
                        <NAME>Kimberly D. Bose, </NAME>
                        <TITLE>Secretary.</TITLE>
                    </SIG>
                    <REGTEXT TITLE="18" PART="292">
                        <AMDPAR>
                            In consideration of the foregoing, the Commission amends part 292, Chapter I, Title 18, 
                            <E T="03">Code of Federal Regulations</E>
                            , as follows: 
                        </AMDPAR>
                        <PART>
                            <PRTPAGE P="35892"/>
                            <HD SOURCE="HED">PART 292—REGULATIONS UNDER SECTIONS 201 AND 210 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978 WITH REGARD TO SMALL POWER PRODUCTION AND COGENERATION </HD>
                        </PART>
                        <AMDPAR>1. The authority citation for part 292 continues to read as follows: </AMDPAR>
                        <AUTH>
                            <HD SOURCE="HED">Authority:</HD>
                            <P>16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352. </P>
                        </AUTH>
                    </REGTEXT>
                    <REGTEXT TITLE="18" PART="292">
                        <AMDPAR>2. In § 292.310, paragraphs (c) introductory text and (d)(3) are revised to read as follows: </AMDPAR>
                        <SECTION>
                            <SECTNO>§ 292.310 </SECTNO>
                            <SUBJECT>Procedures for utilities requesting termination of obligation to purchase from qualifying facilities. </SUBJECT>
                            <STARS/>
                            <P>(c) An electric utility must submit with its application for each potentially affected qualifying facility: The docket number assigned if the qualifying facility filed for self-certification or an application for Commission certification of qualifying facility status; the net capacity of the qualifying facility; the location of the qualifying facility depicted by state and county, and the name and location of the substation where the qualifying facility is interconnected; the interconnection status of each potentially affected qualifying facility including whether the qualifying facility is interconnected as an energy or a network resource; and the expiration date of the energy and/or capacity agreement between the applicant utility and each potentially affected qualifying facility. All potentially affected qualifying facilities shall include: </P>
                            <STARS/>
                            <P>(d) * * * </P>
                            <P>(3) Transmission Studies and related information, including: </P>
                            <P>(i) The applicant's long-term transmission plan, conducted by applicant, or the RTO, ISO or other relevant entity; </P>
                            <P>(ii) Transmission constraints by path, element or other level of comparable detail that have occurred and/or are known and expected to occur, and any proposed mitigation including transmission construction plans; </P>
                            <P>(iii) Levels of congestion, if available; </P>
                            <P>(iv) Relevant system impact studies for the generation interconnections, already completed; </P>
                            <P>(v) Other information pertinent to showing whether transfer capability is available; and </P>
                            <P>(vi) The appropriate link to applicant's OASIS, if any, from which a qualifying facility may obtain applicant's available transfer capability (ATC) information. </P>
                            <STARS/>
                        </SECTION>
                    </REGTEXT>
                    <EXTRACT>
                        <P>
                            KELLY, Commissioner, 
                            <E T="03">concurring</E>
                            : 
                        </P>
                        <P>Under PURPA section 210(m)(1)(A), no electric utility shall be required to enter into a new contract or obligation to purchase electric energy from a QF under section 210(m) if the Commission finds that the QF has nondiscriminatory access to: “(i) independently administered, auction-based day ahead and real time wholesale markets for the sale of electric energy; and (ii) wholesale markets for long-term sales of capacity and electric energy.” This order affirms the finding in Order No. 688 that the four “Day 2” markets (MISO, PJM, NYISO and ISO-NE) satisfy both requirements of section 210(m)(1)(A). </P>
                        <P>By contrast to section 210(m)(1)(A)(ii), section 210(m)(1)(B)(ii) requires that a QF have nondiscriminatory access to “competitive wholesale markets that provide a meaningful opportunity to sell capacity, including long-term and short-term sales, and electric energy, including long-term, short-term and real-time sales, to buyers other than the utility to which the qualifying facility is interconnected.” Section 210(m)(1)(B)(ii) also provides that “[i]n determining whether a meaningful opportunity to sell exists, the Commission shall consider, among other factors, evidence of transactions within the relevant market.” In Order No. 688, the Commission interpreted the use of the terms “competitive,” “meaningful opportunity” and “evidence of transactions” in section 210(m)(1)(B)(ii) to mean that Congress intended for termination of the purchase requirement in a “Day 1” market, such as CAISO and SPP, only if it could be demonstrated that QFs had opportunities to make long-term and short-term sales of capacity and long-term, short-term and real-time sales of energy into competitive wholesale markets. This order clarifies that, based on the specific language contained in section 210(m)(1)(B)(ii), a petitioning electric utility located in a “Day 1” market must demonstrate an actual, not just theoretical, opportunity to meet this requirement. Accordingly, this order affirms Order No. 688 in finding that the “Day 1” markets, SPP and CAISO, have not been shown to meet the requirements of section 210(m)(1)(B)(ii). </P>
                        <P>On rehearing, petitioners dispute the Commission's finding in Order No. 688 that the four “Day 2” markets meet the second prong of section 210(m)(1)(A). They argue that the mere existence of long-term bilateral contracts for sales of capacity and energy in these markets is not sufficient to demonstrate that there is a competitive market for capacity and energy sales or meaningful opportunities for QFs to sell energy or capacity long-term to multiple buyers. </P>
                        <P>
                            I sympathize with petitioners' argument, and in fact I believe that section 210(m)(1)(A)(ii) logically 
                            <E T="03">should</E>
                             have required a demonstration of a competitive long-term market that provides a meaningful opportunity for QFs to sell energy or capacity long-term to buyers other than the utility to which the QF is interconnected, as is required under section 210(m)(1)(B)(ii). However, the less specific language in section 210(m)(1)(A)(ii) used to describe the quality of the relevant long-term market that would satisfy this requirement indicates that either this was not Congress's intent, or that perhaps there was a drafting oversight. In any event, we must look to the plain language of the statute. Thus, in my view, the Commission has reasonably interpreted section 210(m)(1)(A)(ii) to require only that there be a “market” for long-term sales of capacity and energy with respect to electric utilities located in “Day 2” markets. Accordingly, I concur with this order.
                        </P>
                        <FP>Suedeen G. Kelly</FP>
                    </EXTRACT>
                </SUPLINF>
                <FRDOC> [FR Doc. E7-12553 Filed 6-28-07; 8:45 am] </FRDOC>
                <BILCOD>BILLING CODE 6717-01-P </BILCOD>
            </RULE>
        </RULES>
    </NEWPART>
    <VOL>72</VOL>
    <NO>125</NO>
    <DATE>Friday, June 29, 2007</DATE>
    <UNITNAME>Presidential Documents</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="35893"/>
            <PARTNO>Part VII</PARTNO>
            <PRES>The President</PRES>
            <PROC>Proclamation 8157—To Modify Duty-Free Treatment Under the Generalized System of Preferences, Take Certain Actions Under the African Growth and Opportunity Act, and for Other Purposes</PROC>
        </PTITLE>
        <PRESDOCS>
            <PRESDOCU>
                <PROCLA>
                    <TITLE3>Title 3—</TITLE3>
                    <PRES>
                        The President
                        <PRTPAGE P="35895"/>
                    </PRES>
                    <PROC>Proclamation 8157 of June 28, 2007</PROC>
                    <HD SOURCE="HED">To Modify Duty-Free Treatment Under the Generalized System of Preferences, Take Certain Actions Under the African Growth and Opportunity Act, and for Other Purposes</HD>
                    <PRES>By the President of the United States of America</PRES>
                    <PROC>A Proclamation</PROC>
                    <FP>1. Pursuant to section 503(c)(2)(A) of the Trade Act of 1974, as amended (the “1974 Act”)(19 U.S.C. 2463(c)(2)(A)), beneficiary developing countries, except those designated as least-developed beneficiary developing countries or beneficiary sub-Saharan African countries as provided in section 503(c)(2)(D) of the 1974 Act (19 U.S.C. 2463(c)(2)(D)), are subject to competitive need limitations on the preferential treatment afforded under the Generalized System of Preferences (GSP) to eligible articles. </FP>
                    <FP>2. Section 503(c)(2)(C) of the 1974 Act (19 U.S.C. 2463(c)(2)(C)) provides that a country that is no longer treated as a beneficiary developing country with respect to an eligible article may be redesignated as a beneficiary developing country with respect to such article if imports of such article from such country did not exceed the competitive need limitations in section 503(c)(2)(A) of the 1974 Act during the preceding calendar year. </FP>
                    <FP>3. Section 503(c)(2)(F)(i) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(i)) provides that the President may disregard the competitive need limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act (19 U.S.C. 2463(c)(2)(A)(i)(II)) with respect to any eligible article from any beneficiary developing country if the aggregate appraised value of the imports of such article into the United States during the preceding calendar year does not exceed an amount set forth in section 503(c)(2)(F)(ii) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(ii)). </FP>
                    <FP>4. Pursuant to section 503(d)(1) of the 1974 Act (19 U.S.C. 2463(d)(1)), the President may waive the application of the competitive need limitations in section 503(c)(2)(A) of the 1974 Act (19 U.S.C. 2463(c)(2)(A)) with respect to any eligible article from any beneficiary developing country if certain conditions are met. </FP>
                    <FP>5. Pursuant to section 503(d)(5) of the 1974 Act (19 U.S.C. 2463(d)(5)), any waiver granted under section 503(d) shall remain in effect until the President determines that such waiver is no longer warranted due to changed circumstances. </FP>
                    <FP>6. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined that in 2006 certain beneficiary developing countries have exported certain eligible articles in quantities exceeding the applicable competitive need limitation, and I therefore terminate the duty-free treatment for such articles from such beneficiary developing countries. </FP>
                    <FP>7. Pursuant to section 503(c)(2)(C) of the 1974 Act, and subject to the considerations set forth in sections 501 and 502 of the 1974 Act (19 U.S.C. 2461 and 2462), I have determined to redesignate certain countries as beneficiary developing countries with respect to certain eligible articles that previously had been imported in quantities exceeding the competitive need limitations of section 503(c)(2)(A) of the 1974 Act. </FP>
                    <FP>
                        8. Pursuant to section 503(c)(2)(F) of the 1974 Act, I have determined that the competitive need limitation provided in section 503(c)(2)(A)(i)(II) of 
                        <PRTPAGE P="35896"/>
                        the 1974 Act should be disregarded with respect to certain eligible articles from certain beneficiary developing countries. 
                    </FP>
                    <FP>9. Pursuant to section 503(d)(1) of the 1974 Act, I have received the advice of the United States International Trade Commission (USITC) on whether any industries in the United States are likely to be adversely affected by such waivers, and I have determined, based on that advice and on the considerations described in sections 501 and 502(c) of the 1974 Act, and after giving great weight to the considerations in section 503(d)(2) of the 1974 Act (19 U.S.C. 2463(d)(2)), that such waivers are in the national economic interest of the United States. Accordingly, I have determined that the competitive need limitations of section 503(c)(2)(A) of the 1974 Act should be waived with respect to certain eligible articles from certain beneficiary developing countries. </FP>
                    <FP>10. Pursuant to section 503(d)(5) of the 1974 Act, I have determined that certain previously granted waivers of the competitive need limitations of section 503(c)(2)(A) of the 1974 Act are no longer warranted due to changed circumstances. </FP>
                    <FP>11. Section 506A(a)(1) of the 1974 Act (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the African Growth and Opportunity Act (title I of Public Law 106-200)(AGOA), authorizes the President to designate a country listed in section 107 of the AGOA (19 U.S.C. 3706) as a beneficiary sub-Saharan African country if the President determines that the country meets the eligibility requirements set forth in section 104 of the AGOA (19 U.S.C. 3703), as well as the eligibility criteria set forth in section 502 of the 1974 Act (19 U.S.C. 2462). </FP>
                    <FP>12. Section 104 of the AGOA authorizes the President to designate a country listed in section 107 of the AGOA as an eligible sub-Saharan African country if the President determines that the country meets certain eligibility requirements. </FP>
                    <FP>13. Section 112(c) of the AGOA (19 U.S.C. 3721(c)) provides special rules for certain apparel articles imported from lesser developed beneficiary sub-Saharan African countries. </FP>
                    <FP>14. In Proclamation 7970 of December 22, 2005, I determined that the Islamic Republic of Mauritania (Mauritania) was not making continual progress in meeting the requirements described in section 506A(a)(1) of the 1974 Act and terminated the designation of Mauritania as a beneficiary sub-Saharan African country for purposes of section 506A of the 1974 Act. </FP>
                    <FP>15. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the 1974 Act, I have determined that Mauritania now meets the eligibility requirements set forth or referenced therein, and I have decided to redesignate Mauritania as an eligible sub-Saharan African country and beneficiary sub-Saharan African country. </FP>
                    <FP>16. I further determine that Mauritania satisfies the criterion for treatment as a “lesser developed beneficiary sub-Saharan African country” under section 112(c) of the AGOA. </FP>
                    <FP>17. Presidential Proclamation 8114 of March 19, 2007, implemented section 112 of the AGOA, as amended in section 6002 of the Africa Investment Incentive Act of 2006 (Division D, Title VI, Public Law 109-432)(19 U.S.C. 3721(c)(2)(A)). Technical corrections to the Harmonized Tariff Schedule of the United States (HTS) are necessary to implement the intended tariff treatment. </FP>
                    <FP>
                        18. In Presidential Proclamation 8097 of December 29, 2006, I modified the HTS, pursuant to section 1206 of the Omnibus Trade and Competitiveness Act of 1988 (the “1988 Act”) (19 U.S.C. 3006), to conform it to the International Convention on the Harmonized Commodity Description and Coding System (the “Convention”). Additional conforming changes to the HTS are required to implement the intended tariff treatment. 
                        <PRTPAGE P="35897"/>
                    </FP>
                    <FP>19. Section 2004(b)(1)(B) of the Miscellaneous Trade and Technical Corrections Act of 2004 (Public Law 108-429) amended section 213(b)(2)(A)(v) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(2)(A)(v)). A modification to the HTS needs to be made to reflect this amendment. </FP>
                    <FP>20. On April 22, 1985, the United States entered into the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel (the “Israel FTA”), which the Congress approved in the United States-Israel Free Trade Area Implementation Act of 1985 (the “Israel FTA Act”)(19 U.S.C. 2112 note). In order to maintain the general level of reciprocal and mutually advantageous concessions with respect to agricultural trade with Israel, on July 27, 2004, the United States entered into an agreement with Israel concerning certain aspects of trade in agricultural products during the period January 1, 2004, through December 31, 2008 (the “2004 Agreement”). </FP>
                    <FP>21. Presidential Proclamation 7826 of October 4, 2004, implemented the 2004 Agreement. Technical corrections to the HTS are necessary to reflect the tariff treatment intended under the 2004 Agreement for the years 2007 and 2008. </FP>
                    <FP>22. Section 604 of the 1974 Act, as amended (19 U.S.C. 2483), authorizes the President to embody in the HTS the substance of the relevant provisions of that Act, and of other Acts affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. </FP>
                    <FP>NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States, including but not limited to title V and section 604 of the 1974 Act, section 4 of the Israel FTA Act, section 1206 of the 1988 Act, and section 104 of the AGOA, do hereby proclaim: (1) In order to provide that one or more countries that have not been treated as beneficiary developing countries with respect to one or more eligible articles should be redesignated as beneficiary developing countries with respect to such article or articles for purposes of the GSP, and, in order to provide that one or more countries should no longer be treated as beneficiary developing countries with respect to one or more eligible articles for purposes of the GSP, general note 4(d) to the HTS is modified as set forth in section A of Annex I to this proclamation. </FP>
                    <FP>(2) In order to designate certain articles as eligible articles for purposes of the GSP when imported from any beneficiary developing country, the Rates of Duty 1-Special subcolumn for such HTS subheadings is modified as set forth in section B(1) of Annex I to this proclamation. </FP>
                    <FP>(3) In order to provide that one or more countries should not be treated as beneficiary developing countries with respect to certain eligible articles for purposes of the GSP, the Rates of Duty 1-Special subcolumn for such HTS subheadings is modified as set forth in section B(2) of Annex I to this proclamation. </FP>
                    <FP>(4) The competitive need limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act is disregarded with respect to the eligible articles in the HTS subheadings and to the beneficiary developing countries listed in Annex II to this proclamation. </FP>
                    <FP>(5) A waiver of the application of section 503(c)(2)(A) of the 1974 Act shall apply to the eligible articles in the HTS subheadings and to the beneficiary developing countries set forth in Annex III to this proclamation. </FP>
                    <FP>(6) The waivers of the application of section 503(c)(2)(A) of the 1974 Act to the articles in the HTS subheading and to the beneficiary developing countries listed in Annex IV to this proclamation are revoked. </FP>
                    <FP>
                        (7) Mauritania is designated as an eligible sub-Saharan African country and as a beneficiary sub-Saharan African country. 
                        <PRTPAGE P="35898"/>
                    </FP>
                    <FP>(8) In order to reflect this designation in the HTS, general note 16(a) to the HTS is modified by inserting in alphabetical sequence in the list of beneficiary sub-Saharan African countries “Islamic Republic of Mauritania,” effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after July 1, 2007. </FP>
                    <FP>(9) For purposes of section 112(c) of the AGOA, Mauritania is a lesser developed beneficiary sub-Saharan African country. </FP>
                    <FP>(10) In order to provide the tariff treatment intended under section 112 of the AGOA, as amended, the HTS is modified as set forth in section A of Annex V to this proclamation. </FP>
                    <FP>(11) In order to conform the HTS to the Convention or any amendment thereto recommended for adoption, to promote the uniform application of the Convention, to establish additional subordinate tariff categories, and to make technical and conforming changes to existing provisions, the HTS is modified as set forth in section B of Annex V to this proclamation. </FP>
                    <FP>(12) In order to implement section 2004(b)(1)(B) of the Miscellaneous Trade and Technical Corrections Act of 2004, the HTS is modified as set forth in section C of Annex V to this proclamation. </FP>
                    <FP>(13) In order to provide the tariff treatment intended under the 2004 Agreement, the HTS is modified as set forth in section D of Annex V to this proclamation. </FP>
                    <FP>(14) The modifications to the HTS set forth in Annexes I, IV, and V to this proclamation shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after the dates set forth in the respective annex. </FP>
                    <FP>(15) Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency.</FP>
                    <FP>IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of June, in the year of our Lord two thousand seven, and of the Independence of the United States of America the two hundred and thirty-first. </FP>
                    <GPH SPAN="1" DEEP="75" HTYPE="RIGHT">
                        <GID>GWBOLD.EPS</GID>
                    </GPH>
                    <PSIG> </PSIG>
                    <BILCOD>Billing code 3195-01-P</BILCOD>
                    <GPH SPAN="1" DEEP="611">
                        <PRTPAGE P="35899"/>
                        <GID>ED29JN07.004</GID>
                    </GPH>
                    <GPH SPAN="1" DEEP="637">
                        <PRTPAGE P="35900"/>
                        <GID>ED29JN07.005</GID>
                    </GPH>
                    <GPH SPAN="1" DEEP="635">
                        <PRTPAGE P="35901"/>
                        <GID>ED29JN07.006</GID>
                    </GPH>
                    <GPH SPAN="1" DEEP="622">
                        <PRTPAGE P="35902"/>
                        <GID>ED29JN07.007</GID>
                    </GPH>
                    <GPH SPAN="1" DEEP="608">
                        <PRTPAGE P="35903"/>
                        <GID>ED29JN07.008</GID>
                    </GPH>
                    <GPH SPAN="1" DEEP="621">
                        <PRTPAGE P="35904"/>
                        <GID>ED29JN07.009</GID>
                    </GPH>
                    <GPH SPAN="1" DEEP="297">
                        <PRTPAGE P="35905"/>
                        <GID>ED29JN07.010</GID>
                    </GPH>
                    <FRDOC>[FR Doc. 07-3225</FRDOC>
                    <FILED>Filed 6-28-07; 10:30 am]</FILED>
                    <BILCOD>Billing code 3190-01-C</BILCOD>
                </PROCLA>
            </PRESDOCU>
        </PRESDOCS>
    </NEWPART>
</FEDREG>
