15598 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Rules and Regulations 

30 days after publication in the Federal 

Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments we are 

making to the rule. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This rule has been reviewed under 

Executive Order 12866. For this action, 

the Office of Management and Budget 

has waived its review under Executive 

Order 12866. 

This emergency situation makes 

timely compliance with section 604 of 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.) impracticable. We are 

currently assessing the potential 

economic effects of this action on small 

entities. Based on that assessment, we 

will either certify that the rule will not 

have a significant economic impact on 

a substantial number of small entities or 

publish a regulatory flexibility analysis. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

inconsistent with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This interim rule contains no 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

■ Accordingly, we are amending 7 CFR 

part 301 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781–

7786; 7 CFR 2.22, 2.80, and 371.3. 

Section 301.75–15 issued under sec. 204, 

Title II, Public Law 106–113, 113 Stat. 

1501A–293; sections 301.75–15 and 301.75–

16 issued under sec. 203, Title II, Public Law 

106–224, 114 Stat. 400 (7 U.S.C. 1421 note). 

■ 2. In § 301.53–3, paragraph (c) is 

amended by adding, in alphabetical 

order, an entry for Illinois, and by 

revising the entries for Indiana and Ohio 

to read as follows: 

§ 301.53–3 Quarantined Areas. 

* * * * * 

(c) * * * 

Illinois 

The entire State. 

Indiana 

The entire State. 

* * * * * 

Ohio 

The entire State. 

Done in Washington, DC, this 27th day of 

March 2007. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E7–6007 Filed 3–30–07; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Part 300 

RIN 1901–AB23 

Corrections and Updates to Technical 

Guidelines for Voluntary Greenhouse 

Gas Reporting 

AGENCY: Office of Policy and 

International Affairs, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) published an interim final rule on 

January 31, 2007, to correct, update, and 

make clarifying changes to Technical 

Guidelines used for reporting under the 

Voluntary Reporting of Greenhouse 

Gases Program authorized by section 

1605(b) of the Energy Policy Act of 

1992. The Technical Guidelines were 

incorporated by reference in final 

program guidelines that were published 

on April 21, 2006, and placed in the 

Code of Federal Regulations (CFR). In 

accordance with the rules governing 

incorporation by reference in the CFR, 

DOE is required to amend its program 

regulations to reflect any update of the 

Technical Guidelines. DOE now 

discusses the comments received in 

response to the interim final rule, and 

adopts that rule as final without change. 

DATES: Effective April 2, 2007, the 

interim rule published on January 1, 

2007 (72 FR 4211), which became 

effective March 2, 2007, is confirmed as 

final. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Eule, PI–63, Office of Policy 

and International Affairs, U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington DC 20585, or e-mail: 

1605bguidelines.comments@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Summary and Response to Comments 

III. Congressional Notification 

IV. Approval of the Office of Secretary 

I. Background 

Section 1605(b) of the Energy Policy 

Act of 1992 directed DOE to issue 

guidelines establishing a voluntary 

greenhouse gas reporting program (42 

U.S.C. 13385(b)). On February 14, 2002, 

the President directed DOE, together 

with other involved Federal agencies, to 

recommend reforms to enhance the 

Voluntary Reporting of Greenhouse 

Gases Program established by DOE in 

1994. On April 21, 2006, following a 

lengthy public review process, DOE 

published revised final General 

Guidelines for Voluntary Greenhouse 

Gas Reporting (71 FR 20784). Those 

guidelines incorporated by reference 

detailed Technical Guidelines, dated 

March 2006, that are needed to fully 

implement the revised Voluntary 

Reporting of Greenhouse Gases Program. 

Subsequent to the April 21, 2006 

publication of the revised final General 

Guidelines and during preparation of 

new forms and instructions for 

reporting, DOE identified a number of 

errors and inconsistencies in the 

Technical Guidelines that warranted 

correction or clarification. To ensure 

that any revision of the March 2006 

Technical Guidelines addressed as 

many of these problems as possible, on 

August 3, 2006, DOE sent a message by 

electronic mail to all persons who had 

previously expressed an interest in the 

guidelines and requested that they 

identify any needed technical 

corrections, clarifications, 

interpretations or other changes to the 

guidelines. Subsequently, DOE received 

communications that recommended 

additional corrections and other 

changes for consideration. 


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Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Rules and Regulations 15599 

Following a careful review of the 

recommended corrections and other 

suggested changes, DOE made those 

modifications to the Technical 

Guidelines that it believed were 

necessary to correct all the identified 

errors and inconsistencies or other 

ambiguities, while adhering to the 

essential language and intent of the 

March 2006 version of the Technical 

Guidelines. The updated version of the 

Technical Guidelines is dated January 

2007. As required by the regulations of 

the Administrative Committee of the 

Federal Register, DOE sent the January 

2007 update of the Technical Guidelines 

to the Director of the Federal Register 

and obtained his approval of the 

incorporation by reference of the 

January 2007 Technical Guidelines in 

the regulations for the section 1605(b) 

program that are published in the 

Federal Register and the Code of 

Federal Regulations. On January 31, 

2007, DOE published an interim final 

rule with opportunity for comment that 

changed the date of the Technical 

Guidelines incorporated by 10 CFR 

300.13 from March 2006 to January 

2007. (72 FR 4411.) 

II. Summary and Response to 

Comments 

DOE received six sets of comments in 

response to the interim final rule. All of 

the comments are posted on the internet 

at the following website: http:// 

www.pi.energy.gov/ 

enhancingGHGregistry/ 

comments2007.html. None of the 

comments identified errors or 

inconsistencies in the January 2007 

Technical Guidelines that would impair 

their implementation by the Energy 

Information Administration (EIA). DOE 

has decided not to adopt changes at this 

time so that EIA can complete the forms, 

instructions, and software expeditiously 

to permit reporting under the new 

guidelines in 2007 for the 2006 

reporting year. However, some of the 

comments did identify further 

corrections or updates that may be 

warranted some time in the future. The 

specific comments provided fall into 

four main categories; those that: 

• Identified inconsistencies, drafting 

errors or clarity problems in the 

Technical Guidelines that may warrant 

further corrections. 

• Proposed to add or reference new 

measurement methods or calculation 

tools. 

• Sought to reopen some issues that 

had been previously resolved during the 

development of the guidelines 

published on April 21, 2006. 

• Proposed changes that exceed the 

DOE’s statutory authority. 

Possible Further Corrections. The 

comments submitted by the Edison 

Electric Institute and supported by 

comments from Ameren identified a 

number of additional, but comparatively 

minor inconsistencies, drafting errors or 

clarity problems in the January 2007 

Technical Guidelines that may warrant 

further corrections. Comments by the 

American Forest and Paper Association 

(AF&PA) also identified a reference in 

the Forestry appendix that requires 

updating as well as an inconsistency 

between the terminology used in the 

Technical Guidelines and that used by 

the industry to refer to ‘‘spent pulping 

liquors’’. 

DOE sees the value of making most of 

the changes that fall into this category, 

although none of these changes are 

necessary to enable the EIA to initiate 

reporting under the corrected Technical 

Guidelines dated January 2007. Since 

making these changes at this time could 

cause some confusion among 

prospective reporters and may further 

delay EIA’s efforts to finalize its revised 

reporting forms and instructions, DOE 

has decided not to implement these 

changes at this time. Instead, DOE plans 

to address these changes when DOE 

proposes its first substantive 

amendments to the guidelines pursuant 

to 10 CFR 300.1(f). 

Measurement Methods or Calculation 

Tools. Comments submitted by Beta 

Analytic, Inc., proposed that the 

guidelines be amended to recognize a 

new method for measuring biogenic or 

carbon-neutral CO2 or methane 

emissions which represent part, but not 

all, of various emission streams. 

Similarly, AF&PA’s comments 

recommended that a specific calculation 

tool developed by the International 

Council of Forests and Paper 

Associations be referenced in the 

Technical Guidelines as an acceptable 

model for estimating the harvested 

wood products pool. 

While the amendments proposed by 

Beta Analytic, Inc., and AF&PA may be 

worthwhile, they are outside the scope 

of this rulemaking, which is limited to 

correcting factual and drafting errors, 

eliminating inconsistencies, updating 

certain existing references, clarifying 

intent, and modifying or eliminating 

certain inappropriate calculation 

methods. Those organizations may 

formally propose that DOE adopt these 

methods when it undertakes to make 

substantive revisions to the guidelines 

pursuant to 10 CFR 300.1(f). Proposed 

calculation methods should be 

submitted in writing to the Assistant 

Secretary for Policy and International 

Affairs, 1000 Independence Ave., SW., 

Washington, DC, 20585, with an 

electronic copy sent to 

1605bguidelines.comments@hq.doe.gov. 

DOE will consider all such proposed 

methods. Any such proposal will be 

subject to public review and comment. 

If adopted, new calculation methods 

would be implemented as soon as 

practicable. 

Issues Previously Resolved. The 

comments submitted by AF&PA also 

raised two issues that were previously 

considered and resolved during the 

development of the revised General 

Guidelines and Technical Guidelines 

that were published in April 2006. One 

issue concerns the treatment of carbon 

harvested from sustainably managed 

forests that is ultimately included in 

various long lived wood products. 

AF&PA proposed a change that would 

enable such carbon to be counted 

toward an entity’s emission reductions, 

although the initial March 2006 

Technical Guidelines and the January 

2007 revised Technical Guidelines 

exclude such treatment. The other issue 

concerns the value to be used to 

represent the transmission and 

distribution losses associated with offsite combined heat and power plants. 

This value was also set by the March 

2006 Technical Guidelines and was not 

changed in the January 2007 Technical 

Guidelines. 

Section 300.1(f) of the General 

Guidelines indicates that DOE intends 

to periodically review and update the 

General Guidelines and Technical 

Guidelines, and that it anticipates that 

these reviews will occur approximately 

every three years. During these periodic 

reviews, DOE may reconsider any of the 

issues initially resolved by the April 

2006 guidelines. DOE will solicit 

stakeholder input at the start of any 

such review process. 

Changes that Exceed DOE’s Statutory 

Authority. One commenter 

recommended that DOE change this 

program from a voluntary reporting 

program to one that is mandatory. Such 

a change would clearly exceed DOE’s 

existing statutory authority under 

section 1605(b) of the Energy Policy Act 

of 1992. 

Conclusion. Based on a review of the 

six comments received, DOE has 

decided not to make any changes at this 

time to the January 2007 Technical 

Guidelines, which became effective on 

March 2, 2007. When DOE proposes 

amendments to add new measurement 

methods or calculation tools to the 

January 2007 Technical Guidelines, it 

may incorporate some of the corrections 

suggested in the public comments 

summarized above. 


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15600 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Rules and Regulations 

III. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

submit to Congress a report regarding 

the issuance of today’s final rule. The 

report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 801(2). 

IV. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

the publication of this final rule. 

List of Subjects in 10 CFR part 300 

Administrative practice and 

procedure, Energy, Gases, Incorporation 

by reference, Reporting and 

recordkeeping requirements. 

Issued in Washington, DC on March 27, 

2007. 

Katharine A. Fredriksen, 

Acting Assistant Secretary for Policy and 

International Affairs. 

■ Accordingly, the interim final rule 

amending part 300 of title 10, chapter II, 

subchapter B of the Code of Federal 

Regulations, that was published at 72 

FR 4411 on January 31, 2007, is adopted 

as a final rule without change. 

[FR Doc. E7–6038 Filed 3–30–07; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL HOUSING FINANCE BOARD 

12 CFR Part 915 

[No. 2007–04] 

RIN 3069–AB–33 

Federal Home Loan Bank Appointive 

Directors 

AGENCY: Federal Housing Finance 

Board. 

ACTION: Final rule. 

SUMMARY: The Federal Housing Finance 

Board (Finance Board) is issuing a final 

regulation that is substantially the same 

as the interim final rule that established 

a process for the appointment of 

directors to the Federal Home Loan 

Banks (Bank or Banks), which was 

adopted on January 24, 2007. The final 

rule makes two changes to the interim 

rule, regarding the number of nominees 

to be submitted and the date by which 

nominations must be submitted. Both 

changes are being made in response to 

comments received on the interim final 

rule. 

DATES: Effective Date: The final rule is 

effective April 2, 2007. 

FOR FURTHER INFORMATION CONTACT: Neil 

R. Crowley, Acting General Counsel, 

202–408–2990, crowleyn@fhfb.gov; or 

Thomas P. Jennings, Senior Attorney 

Advisor, Office of General Counsel, 

202–408–2553, jenningst@fhfb.gov. You 

can send mail to the Federal Housing 

Finance Board, 1625 Eye Street, NW., 

Washington, DC 20006. 

SUPPLEMENTARY INFORMATION: 

I. Background and Legal Authority 

Section 7(a) of the Federal Home Loan 

Bank Act (Bank Act) (12 U.S.C. 1427(a)) 

authorizes the Finance Board to appoint 

directors to the board of each Bank. 

Section 7(f)(2) of the Bank Act (12 

U.S.C. 1427(f)(2)) authorizes the Finance 

Board to fill any vacancy in an 

appointive directorship for the 

remainder of its unexpired term. The 

Finance Board has determined that 

adopting procedures for the selection of 

appointive directors will enhance its 

ability to identify and appoint wellqualified individuals to serve as Bank 

directors. 

Accordingly, on January 24, 2007 (72 

FR 3028) the Finance Board issued an 

interim final rule that amended 12 CFR 

915.10 to adopt procedures under which 

the board of directors of each Bank has 

to submit to the Finance Board a list of 

individuals to be considered for 

appointment to the board of the Bank. 

The list is to include information 

regarding each individual’s eligibility 

and qualifications to serve as an 

appointive director, and the Finance 

Board will use that information in 

making its appointments to the boards. 

The interim rule set an initial deadline 

of March 31, 2007, by which the Banks 

are to provide a list of nominees to the 

Finance Board for the directorships that 

are currently vacant. 

At the time that it published the 

interim final rule, the Finance Board 

requested comments from the public 

and established a 30-day comment 

period, which expired on February 23, 

2007. 

II. Analysis of the Public Comments 

The Finance Board received 8 

comment letters in response to the 

interim rule. Three letters were 

submitted by Banks, 1 by a member of 

a Bank, 3 from trade associations, and 

1 from a community organization. All of 

the comments were supportive of the 

rule, but also suggested certain revisions 

to the rule. 

One issue commenters raised relates 

to section 915.10(b), which gives the 

Finance Board the discretion to request 

additional names from any Bank if the 

Finance Board does not fill all vacant 

appointive directorships from the names 

the Bank initially submits. Certain of the 

comment letters objected to the 

permissive nature of the provision, 

contending that the provision should be 

mandatory, i.e., that the final rule 

should require the Finance Board to 

seek additional names only from the 

Banks and should preclude it from 

considering prospective directors from 

other sources. For the reasons noted 

below, the Finance Board has 

determined to retain the language of the 

interim rule. 

In adopting section 7 of the Bank Act 

(12 U.S.C. 1427), Congress vested the 

power to appoint Bank directors solely 

in the Finance Board. To revise the rule 

in the manner suggested would 

preclude the Finance Board from ever 

considering other sources for 

prospective appointive directors. Such a 

limitation likely would impair the 

Finance Board’s ability to carry out its 

statutory responsibility. As a practical 

matter, the Finance Board fully expects 

that the Banks will make every effort to 

submit well-qualified nominees for the 

appointive directorships, both in their 

initial submissions and in response to 

any subsequent request from the 

Finance Board. In the event that a Bank 

does not do so, however, the Finance 

Board believes that it must reserve the 

right to consider nominees from other 

sources in order to carry out its own 

responsibilities. 

A second issue raised by the comment 

letters relates to the number of 

nominees a Bank must submit for the 

number of directorships to be filled. 

Section 915.10(a)(3) of the interim rule 

requires each Bank to submit twice as 

many nominees as there are appointive 

directorships to be filled at the Bank. 

Three commenters suggested that the 

rule be changed to require the 

submission of only 1 nominee per 

directorship to be filled. These 

commenters believed that the Banks are 

more likely to find well qualified 

persons who are willing to serve if those 

persons have some reasonable 

expectation of being chosen if they agree 

to be nominated. These commenters 

noted that the interim rule created a 

process in which half of all nominees 

would be rejected, and contended that 

such a process would have a chilling 

effect on prospective nominees’

willingness to go through the 

nominations process. 

Another commenter urged the 

Finance Board to require at least twice 

as many nominees as there are 

directorships to be filled, particularly 

with respect to the community interest 

directorships. That commenter reasoned 

that doing so would help to maintain 

the independence of the community 

interest appointive directors by 

lessening the degree of control that the 

Banks would have over their selection. 

Another commenter proposed that the 


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