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Citation: 72 Fed. Reg. 20003 2007

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### Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Notices

I. Self-Regulatory Organization's Statementof the TermsofSubstance of the Proposed Rule Change

Nasdaq proposes to modify the pricing for Nasdaq members using the Nasdaq Market Center. Nasdaq will implement this rule change onApril 2, 2007.

The text ofthe proposed rule change is below. Proposed new language is italicized. 5 7018. Nasdaq Market Center Order Execution and Routing

(a) The following charges shall apply to the use ofthe order execution and routing services ofthe Nasdaq Market Center by members for all securities that it trades.

FEES FOR ORDER EXECUTION INTHE NASDAQ MARKET CENTER; FEES FOR ROUTING OF ORDERS INALL SECURITIES TO VENUES OTHER THAN THE NEW YORK STOCK EXCHANGE ("NYSE"); AND FEES FOR ROUTING ORDERS IN EXCHANGE-TRADED FUNDS TO 

### NYSE

Charge to member entering order that executes in the Nasdaq Market

Center or attempts to execute in the Nasdaq Market Center prior to routing:

Members with an average daily volume through the Nasdaq Market Center in all securities during the month of (i) more than 35 million shares of liquidity provided, and (ii) more than 55 million shares of liquidity accessed and/or routed; or members with an average daily volume through the Nasdaq Market Center in all securities during the month of (i) more than 25 million shares of liquidity provided, and (ii) more than 65 million shares of liquidity accessed and/or routed. Members with an average daily volume through the Nasdaq Market Center in all securities during the month of (i) more than 20 million shares of liquidity provided, and (ii) more than 35 million shares of liquidity accessed and/or routed.

Other members

.......................................................... ......................

Charge to member entering order that does not attempt to execute

in the Nasdaq Market Center prior to routing.

Surcharge for order routed to the American Stock Exchange and

charged a fee bythe specialist. Credit to member providing liquiditythrough the Nasdaq Market Center: Members with an average daily volume through the Nasdaq Market Center in all securities during the month of morethan 35 million shares of liquidity provided. Members with an average daily volume through the Nasdaq Market Center in all securities during the month of more than 20 million shares of liquiidity provided. Other members

................................................................................. $0.0026 per share executed for securities priced at $1 or more per share. 0.1% of the total transaction cost for executions in the Nasdaq Market

Center of securities priced at less than $1 per share. 0.3% of the total transaction cost for routed orders in securities'priced

at less than $1 per share.

$0.0028 per share executed for securities priced at $1 or more per

share. 0.1% of the total transaction cost for executions in the Nasdaq Market

Center of securities priced at less than $1 per share. 0.3% of the total transaction cost for routed orders in securities priced

at less than $1 per share. $0.0030 per share executed for securities priced at $1 or more per

share. 0.1% of the total transaction cost for executions in the Nasdaq Market

Center of securities priced at less than $1 per share. 0.3% of the total transaction cost for routed orders in securities priced

at less than $1 per share. $0.0035per share executed for a Directed Intermarket S'weep Order

forsecurities pricedat$1 or moreper share. $0.0030 per share executed for other orders for securities priced at $1

or more per share. 0.3% of the total transaction cost for routed orders in securities priced

at less than $1 per share. $0.01 per share executed.

$0.0025 per share executed (or $0, in the case of executions against

Quotes/Orders in the Nasdaq Market Center at less than $1.00 per share). $0.0022 per share executed (or $0, in the case of executions against

Quotes/Orders in the Nasdaq Market Center at less than $1.00 per share). $0.0020 per share executed (or $0, in the case of executions against

Quotes/Orders in the Nasdaq Market Center at less than $1.00 per share).

FEES FOR ROUTING ORDERS IN SECURITIES OTHER THAN EXCHANGE-TRADED FUNDS TO 

### NYSE

Order that attempts to execute in the Nasdaq Market Center prior to $0.000225 per share executed for securities priced at $1 or more per

routing and being executed at NYSE. share. 0.3% of the total transaction cost for routed orders in securities priced

at less than $1 per share. Order that does not attempt to execute in the Nasdaq Market Center $0.0035 per share executed for a Directed Intermarket Sweep Order

prior to routing and being executed at NYSE. for securities pricedat$1 ormore pershare. $0.000275 per share executed for other orders for securities priced at

$1 or more per share. 0.3% of the total transaction cost for routed orders in securities priced

at less than $1 per share. Order that is routed to NYSE and then routed to another venue for A pass-through of any routing fees charged to Nasdaq by NYSE.

execution.

5Changes are marked to therule text that appears nasdaq.complinet.com, as amended by Securities FR 17969 (April 10, 2007) (SR-NASDAQ-2007- inthe electronic Nasdaq Manual found at http:// Exchange Act ReleaseNo. 55576 (April 3,2007), 72 026), on animmediately effective basis. 20003

### Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Notices

II. Self-Regulatory Organization's Statement ofthe Purpose of, and StatutoryBasis for,the Proposed Rule Change

In its filing with the Commission, Nasdaq 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 ofthese statements may be examined at the places specified in Item IV below. Nasdaq has prepared summaries, set forth in Sections A, B, and C below, of themost significant aspects ofsuch statbments.
A. Self-RegulatoryOrganization's StatementofthePurposeof,and StatutoryBasis for, theProposed Rule Change
1.Purpose

Nasdaq is establishing a fee of$0.0035 per share executed for orders that are designated as Directed Intermarket Sweep Orders (unless the order is for a security priced under $1, inwhich case the fee is 0.3% ofthe transaction value). As described in SR-NASDAQ-2007- .020,6 a Directed Order allows a market participant to enter an order into Nasdaq that is designated for routingto another exechange without first checking the Nasdaq book. By designating a Directed Order as an Intermarket Sweep Order, the market participant entering the orderrepresents that it is complying with the requirements ofRegulation NMS Rules 610 and 611. 7 Because these orders bypass the Nasdaq book, and because Nasdaq will incur costs for post-trade surveillance ofmembers' compliance with these rules, Nasdaq believes that an increased routing fee of $0.0035 is warranted.
2. Statutory Basis

Nasdaq believes thatthe proposed rule change is consistent with the provisions of Section 6 ofthe Act,8 in general, and with Section 6(b)(4) ofthe Act,9 in particular, in that it provides for the equitable allocation ofreasonable dues, fees, and other charges among members and issuers and other persons using any facility or system which Nasdaq operates or controls. Nasdaq believes that an increased fee for Directed Intermarket Sweep Orders is appropriate in light oftheir special characteristics.

6See Securities Exchange ActRelease No. 55405 (March 6, 2007), 72 FR 1$069 (March 12, 2007).

717 CFR 242.610 and 242.611. 815 U.S.C. 78f. 915 U.S.C. 78f(6)(4). B. Self-RegulatoryOrganization's StatementonBurdenon Competition

Nasdaq does notbelieve that the proposed rule change will result in any burden on competition that is not necessary or appropriate infurtherance ofthe purposes ofthe Act.
C.Self-RegulatoryOrganization's Statementon Comments on the Proposed Rule ChangeReceivedFrom Members,Participants, orOthers Written comments were neither solicited nor received.
IH.Date ofEffectiveness ofthe Proposed Rule Change andTiming for Commission Action

The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) ofthe Act 1 0 and subparagraph (f)(2) ofRule 19b-4 thereunder because it establishes or changes a due, fee, orother charge.1 ' At any time within 60 days ofthe filing of the proposed rule change, the Commission may summarily abrogate such rule change ifit appears to the Commission that such action is necessary or appropriate in the public interest, forthe protection ofinvestors,

orotherwise in furtherance ofthe purposes ofthe Act.
IV. Solicitation ofComments

Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:
ElectronicComments

* Use the Commission's Internet commentform'(http://www.sec.govl rules/sro.shtml);or

* Send an e-mail to rulecomments@sec.gov.Please include File Number SR-NASDAQ-2007-036 on the subject line.

- PaperComments:.

e Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2007-036. This file number should be included onthe subject line ife-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

1015 U.S.C. 78s(b)(3)(A)[ii).
1117 C FR240.19b-4(f0(2). 

### Internet Web site (http://www.sec.gov rules/sro.shtml).Copies ofthe 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 maybe withheld from the public in accordance with the provisions of5 U.S.C. 552, will be available forinspection and copying in the Commission's Public Reference Room. Copies ofsuch filing also will be available for inspection and copying at the principal offices ofthe Exchange. All comments received will be posted without change; the Commission does notedit 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-NASDAQ-2007-036 and should be submitted on or before May 11, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.12
Florence E.Harmon, DeputySecretary. [FRDoc. E7-7485 Filed4-19-07; 8:45 am]

BILLING CODE 8010-01-P



### SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55633; File No. SRNASDAQ-2007-041] 

### Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filingand Immediate Effectiveness of Proposed Rule Change Relatingto Fees of Other Market Centers Related 

### to Clearly Erroneous Rulings
April 16, 2007.

Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 ("Act") 1and Rule 19b-4 thereunder,2 notice is hereby given that on April 10, 2007, The NASDAQ Stock Market LLC ("Nasdaq") filed with the Securities and Exchange Commission ("Commission") the proposed rule change as described in Items I, II, and III below, which Items have been prepared by Nasdaq. Nasdaq submitted the proposed rule change under Section 19(b)(3)(A) ofthe Act3 and Rule 19b-4(fl(2) thereunder,4 which

1217 CFR 200.30-3(a)(12).
115 U.S.C. 78s(b)(1). 217 CFR 240.19b-4.
315 U.S.C. 78s(b)(3(A). 4 17 CFR 240.1911-4{f}(2). 

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### Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Notices

renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization's Statement ofthe Terms ofSubstance of theProposed Rule Change

Nasdaq proposes to pass through fees related to clearly erroneous rulings that

are charged to Nasdaq by other markets. Nasdaq will implement the proposed rule change immediately.

The text ofthe proposed rule change is below. Proposed new language is in italics.5

11890. Clearly Erroneous Transactions

(a)-(b) No change. (c) Review by the Market Operations Review Committee ("MORC")



### (1)-(3) No change. (4)The party initiating the appeal shallbe assessed a $500.00 fee ifthe MORC upholds the decision ofthe Nasdaq officer.In addition, in instances whereNasdaq,on behalf ofa member, requestsa determinationbyanother marketcenterthata transaction fs clearlyerroneous,Nasdaqwillpassany resultingchargesthroughto the relevant member. (d) No change.

-

II. Self-Regulatory Organization's Statementofthe Purpose of, and StatutoryBasis for,the Proposed Rule Change

In its filing with the Commission, Nasdaq included statements concerning the purpose ofand basis for the proposed rule change and discussed any comments it received onthe proposed, rule change. The text ofthese statements may be examined at the places specified inItem IVbelow. Nasdaq has prepared summaries, set forth in Sections A, B, and Cbelow, ofthe most significant aspects ofsuch statements.
A. Self-RegulatoryOrganization's StatementofthePurposeof,and StatutoryBasis for, theProposed Rule Change
1.Purpose

Nasdaq recently amended Rule 11890, which covers the breaking oftrades determined to be clearly erroneous, to add anew Rule 11890(c)(4) that assesses
a fee of$500 for unsuccessful appeals of clearly erroneous adjudications by Nasdaq. Nasdaq is now adding a

SChanges are marked to therule textthat appears in the electronic manual ofNasdaq found at http:// nasdaq.complinet.com. sentence to the rule to provide that in instances where Nasdaq, on behalfof a member, requests a determination by another market center that a transaction is clearly erroneous, Nasdaq will pass any resulting charges through to the relevant member. Thbproposed change reflects the fact that NYSE Arca recently adopted a similar $500 appellate fee, and other market centers may follow suit.6

If aNasdaq member enters an order into Nasdaq that is routed to NYSE Arca and executed there, the Nasdaq member may nothave standing to file under NYSE Arca rules to seek a determination that the execution was clearly erroneous ifit is not an NYSE Arca member. Accordingly, Nasdaq Execution Services, Nasdaq's routing broker-dealer, which is a member of NYSE Arca, will file a petitionunder NYSE Arca rules ifthe Nasdaq member requests. Ifan appeal is unsuccessful, Nasdaq willbe charged under NYSE Arca rules. Accordingly, Nasdaq proposes to pass the charge through, on
adollar-for-dollar basis, to the member that requested the appeal.
2. Statutory Basis

Nasdaq believes that the proposed rule change is consistent with the provisions ofSection 6 ofthe Act,7in general, and with Section 6(b)(4) ofthe Act," in particular, in that the provides for the equitable allocation ofreasonable dues, fees and other charges among members and issuers and other persons using any facility or system which Nasdaq operates or controls. Nasdaq believes that the change will allocate charges for adjudications under the clearly erroneous rules of other market centers to the Nasdaq members that initiate such adjudications.

B. Self-Regulatory Organization's Statementon Burdenon Competition

Nasdaq does notbelieve that the proposed rule change willresult in any burden on competition that is not necessary or appropriate in furtherance ofthe purposes ofthe Act.

C. Self-RegulatoryOrganization's Statementon Comments on the Proposed Rule ChangeReceivedFrom Members,Participants orOthers

Written comments were neither solicited nor received.

eSecurities ExchangeAct Release No. 54655 (October 26, 2006), 71 FR 64596 (November 2, 2006) (SR-NYSEArca-2006-48).

715 U.S.C. 78f. 815 U.S.C. 78f(b)(4).

- HI. Date of Effectiveness ofthe Proposed Rule Change and Timingfor Commission Action

The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) ofthe Act 9 and subparagraph (f)(2) ofRule 19b-4 thereunder.1o At any time within 60 days ofthe filing ofthe proposed rule change, the Commission may summarily abrogate such rule change ifit appears to the Commission that such action is necessary or appropriate in the public interest, for the protection ofinvestors,

or otherwise in furtherance ofthe purposes ofthe Act.
IV. Solicitation ofComments

Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:
ElectronicComments

9 Usethe Commission's Internet comment form (http://www.sec.govrules/sro.shtml);or

* Send an e-mail to rulecomments@sec.gov.Please include File Number SR-NASDAQ-2007-041 onthe subject line. Paper Comments
* Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions shouldrefer to File Number SR-NASDAQ-2007-041. This file number shouldbe included onthe subject line ife-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 (http://www.sec.govrules/sro.shtml).Copies ofthe submission, all subsequent amendments, all written statements with respect to theproposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and anyperson, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available forinspection and copying in the Commission's Public Reference Room. Copies of such filing also willbe

a1 5 U.S.C. 78s(b)(3)(A)(ii).

10 1 7 CFR 240.19b-4(f)(2). 

### 20005

### Federal Register/Vol. 72, No. 76/Friday, April 20, 2007 /Notices

available for inspection and copying at the principal office ofNasdaq.

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-NASDAQ-2007-041 and should be submitted on orbefore May 11, 2007.

For the Commission, by theDivision of Market Regulation, pursuant to delegated authority." Florence E.Harmon, DeputySecretary. [FRDoc. E7-7487 Filed4-19-07; 8:45 am]
BILLING CODE 8010-01-P

DEPARTMENT OF TRANSPORTATION

Federal AviationAdministration [Summary Notice No. PE-2007-14]

Petitionsfor Exemption; Summary of PetitionsReceived
AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice ofpetitions for exemption received.
SUMMARY: This notice contains a summary ofa certain petition seeking relieffrom specified requirements of 14 CFR.The purpose ofthis notice is to improve the public's awareness of, and participation in, this aspect ofFAA's regulatory activities. Neither publication ofthis notice nor the inclusion of omission ofinformation in the summary is intended to affect the legal status of any petition or its final disposition. DATES: Comments on petitions received must identify the petition docket number involved and must be received

on or before May 10, 2007. ADDRESSES: Send comments to the petition to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify the docket number FAA-2007-27705 atthe beginning ofyour comments. Ifyou wishto receive confirmation thatthe FAA received your comments, include a self-addressed, stamped postcard.

Youmay also submit comments through the Internet to http:// dms.dot.gov.You may review the public docket containing the petition, any comments received, and any final disposition in person in theDockets

1117 CFR 200.30-3(a)(12). Office between 9 a.m. and 5 p.m. Monday through Friday, except Federal holidays. The Dockets Office (telephone 1-800-647-5527) is on the plaza level ofthe NASSIF Building at the Department ofTransportation atthe above address. Also, you may review public dockets on the Internet at http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Frances Shaver (202-267-9681), Office ofRulemaking (ARM-l), Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591-3356 orTyneka Thomas (202-267-7626), Office of Rulemaking (ARM-l), Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591- 3356.

. This notice is published pursuant to 14 CFR 11.85 and 11.91.

Issued inWashington, DC., on April 5, 2007. Pamela Hamilton-Powell, Director,Officeof Rulemaking.
Petitions for Exemption

DocketNo.:FAA-2007-27705. Petitioner: CareFlite. Sectionof14 CFRAffected: 14 CFR 43(h)(i).

Descriptionof ReliefSought:The exemption, if granted, would allow trained CareFlite medical crew members to remove the Propaq mount without requiring the pilot to shut down the aircraft and perform the function. [FRDec. 07-1940 Filed 4-19-07; 8:45 am]
BILLING CODE 4910-13-M

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration [Docket No. FHWA-2007-27951] Agency Information Collection Activities: Request forComments for New Information Collection
AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice and request for
comments.
SUMMARY: The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) for approval ofanew information collection. We published aFederal Register Notice with a 60-day public comment period on this information collection onFebruary 12, 2005. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. DATES: Please submit comments by May 21, 2007. ADDRESSES: You may send comments within 30 days to the Office of Information and Regulatory Affairs, Office ofManagement and Budget, 725 17th Street, NW., Washington, DC 20503, Attention: DOT Desk Officer. You are asked to comment on any aspect ofthis information collection, including: (1)Whether the proposed collection is necessary for the FHWA's performance; (2) the accuracy ofthe estimated burden; (3) ways for the FHWA to enhance the quality, usefulness, and clarity ofthe collected information; and (4) ways that the burdencould be minimized, including the use ofelectronic technology, without reducing the quality ofthe collected information. All comments should include the Docket number FHWA-2007-27951. FOR FURTHER INFORMATION CONTACT: Mike Neathery, 202-366-1257 or Martin Weiss, 202-366-5010, Office of Interstate and Border Planning, Federal Highway Administration, Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590. Office hours are from 8 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Title:Rural Transportation Research. Background:Section 5513(f)of The Safe, Accountable, Flexible, Efficient Transportation Equity Act: ALegacy for Users of 2005 (SAFETEA-LU) provides

a grant to the New England Transportation Institute (hence "the Institute") in White*River Junction, Vermont, to conduct rural transportation research. The Institute will undertake research and analysis in support oftwo research issues:

### ,(1) Rural Transportation Issues Definition and Refinement; and (2) Rural Transportation Safety and Health. The research includes a 2-part survey to develop information that will help support a "portrait" of present rural transportation patterns. Applying the concepts ofboth "mobility" and "accessibility" to the rural Northeast, the Institute's surveys will explore the issues of "rural isolation" and, driver travel behavior. The survey will address these questions:

* How serious a problem is rural isolation and perceptions ofaccess (or lack thereof)?

e How are the economic forces acting

on the rural areas affecting the manner, and length oftrips in the rural Northeast?

* How are demographics going to change and/or influence the demands made on the transportation system? 

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### Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Notices

* What would be the transportation implications ofdifferent settlement patterns?

Respondents:Approximately 800 respondents for survey 1and 600 respondents for survey 2.

Frequency:One time. Estimated AverageBurdenper Response:30 minutes per survey.

EstimatedTotalBurdenHours: Approximate one time burden of 700 hours.

ElectronicAccess:Internet users may
access all comments received by the U.S. DOT Dockets, Room PL-401, by using the universal resource locator (URL): http://dms.dot.gov,24 hours each day, 365 days each year. Please follow the instructions online for more information andhelp.

Authority: The Paperwork Reduction Act of 1995;44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48.

Issued on: April 17, 2007. James R. Kabel, Chief, Management Programs and Analysis Division. [FRDoc. E7-7560 Filed 4-19-07; 8:45 am]

BILLING CODE 4910-22-P

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration [Docket No. FHWA-2007-27950]

Notice of Request for Extension of Currently Approved Information Collection
AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice and request for
comments. SUMMARY: The FHWA has forwarded the information collection request described in thisnotice to the Office of Management and Budget (OMB) to

renew an information collection. We published a Federal Register Notice with a 60-day public comment period

on this information collection on February 13, 2007. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. DATES: Please submit comments byMay 21, 2007. ADDRESSES: You may send comments, within 30 days, to the Office of Information and Regulatory Affairs, Office ofManagement and Budget, 725 17th Street, NW., Washington, DC, 20503, Attention DOT Desk Officer. You

are asked to comment on any aspect of this information collection, including: (1)Whether the proposed collection is necessary for the FHWA's performance; (2)the accuracy ofthe estimated burden; (3) ways for the FHWA to enhance the quality, usefulness, and clarity ofthe collected information; and (4)ways that the burden could be minimized, including the use of electronic technology, without reducing the quality ofthe collected information. All comments should include the Docket Number FHWA-2007-27950. FOR FURTHER INFORMATION CONTACT: Bob Bini, 202-366-6799, or CynthiaHatley, 202-493-0426, Office ofFederal Lands Highway, Federal Highway Administration, Department of Transportation, 400 Seventh-Street, SW., Washington, DC, 20590. Office hours are from 8 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Title:Federal Lands Highway Program.

OMB Control#: 2125-0598. Background: Title 23 U.S.C. 204 requires the Secretary ofTransportation and the Secretary ofeach appropriate Federal land management agency to develop, to the extent appropriate, safety, bridge, pavement, and congestion management systems forroads funded under the Federal Lands Highway Program (FLHP). A management system is a process forcollecting, organizing, and analyzing data to provide a strategic approach to transportation planning; program development, and project selection. Its purposes are to improve transportation system performance and safety, and to develop alternative strategies for enhancing mobility of people and goods. Th $data collection clearance addresses the management systems for the National Park Service (NPS) and the Park Roads and Parkways (PRP) Program; Bureau ofIndian Affairs (BIA) and the Indian Reservation Roads (IRR) Program; Fish and Wildlife Service (FWS) and the Refuge Roads (RR) Program; and Forest Service (FS) and the Forest Highway (FH) Program.

Outputs from the management systems are important tools forthe development oftransportation plans and transportation improvement programs, and in making project selection decisions consistent with 23 U.S.C. 204. Further, management system outputs also provide important information to the FHWA for their stewardship and oversight roles for the ParkRoads and Parkways, Indian Reservation Roads, Refuge Roads, and Forest Highway Programs. The data collection required to implement these management systems supports the DOT Strategic Objectives ofSafety, Mobility, Environmental Stewardship, and Organizational Excellence. The proposed data collection also directly supports the FHWA's Vital Few Initiative of Safety, Congestion Mitigation, and Environmental Stewardship and Streamlining that represent the three most important strategic planning and performance goals forthe agency.

The National Park Service, Bureau of Indian Affairs, Fish and Wildlife Service, and Forest Service are continuing to implement the required management systems and the associated information collections. Completion of this phase-in ofthe management systems is expected to occur during the time period covered by this information collection, and the average annual burden estimates are based on expected increases in the overall burden overthat time period. The management systems vary in complexity among the four agencies and reflect differences in the characteristics ofthe transportation systems involved such as size, ownership, and eligibility forinclusion inthe program. These variations result in differences among the agencies in the expected number ofrespondents to the information collection, and in the anticipated time necessary tb respond to the information collection.

Typical information that mightbe collected forthe management systems includes:

* Traffic information including volumes, speeds, and vehicle classification;

. Pavement features such as number oflanes, length, width, surface type, functional classification, and shoulder information; and pavement condition information.such as roughness, distress, rutting, and surface friction;

* Bridge features such as deck width, under/over-clearance, details of structural elements such as girders, joints, railings, bearings, abutments, and piers; and information on the condition ofthe bridge elements sufficient to describe thenature, extent, and severity ofdeterioration;

e Safety information such as crash records, crash rates, and an inventory of safety appurtenances such as signs and guardrails; or

* Congestion measures such as roadway level ofservice or travel delay.

Respondents to the information collection might be collecting and submitting information in one or more ofthese categories for the portion of their transportation system'that is covered under the FLHP. For example, this might include the collection and submission ofinformation for State or county-owned roads tlat are Forest Highways, or Indian Reservation Roads 

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### Federal Register /Vol. 72, No. 76/Friday, April 20, 2007 /Notices

owned by Indian Tribal Governments. Typically, the respondents would collect information each year for the portion oftheir system. Burden estimates have been developed using this assumption combined with an estimate of the time needed to collect and provide the information.

Respondents:The estimated average annual number ofrespondents for the management systems for each ofthe agencies addressed by this information collection is: The NPS management systems consist of 75 respondents. The breakdown is 35 States and 40 Metropolitan Planning Organizations (MPOs), regional transportation planning agencies, counties, local or tribal governments.

The BIA management system consists of 85 respondents. The breakdown is 35 States and 50 MPOs, regional transportation planning agencies, counties, local or tribal governments. The FWS management system consists of 75 respondents. The breakdown is 35 States and40 MPOs, regional transportation planning agencies, counties, local or tribal governments. The FS management system consists of 85 respondents. The breakdown is 35 States and 50MPOs, regional transportation planning agencies, counties, local ortribal governments.

Frequency:Annual. Estimated AverageAnnualBurden
perResponse:

NPS management systemsApproximately 40 hours per respondent.

BIA management systemsApproximately 60 hours per respondent.'

FWS management systemsApproximately 20 hours per respondent.

FS management systemsApproximately 60 hours per respondent.

EstimatedTotalAnnualBurden Hours:Total estimated average annual burden is 14,700hours.

Issued on: April 17, 2007. James R. Kabel, Chief,Management Programs and Analysis Division. [FRDoc. E7-7561 Filed 4-19-07; 8:45 am]

BILLING CODE 4910-22-P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA-97-3001]
Pipeline Safety: Notice of Availability of a Study on Burial of Submerged Pipelines
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department ofTransportation (DOT). ACTION: Notice ofavailability ofstudy and request for comments.
SUMMARY: This notice announces the availability ofPHMSA's study titled "Burial of Submerged Pipelines", which
addresses the hazards to navigation from offshore submerged pipelines. PHMSA requests comments onthe study to assist inevaluating the need for further analysis due to anticipated changes inthe offshore environment. DATES: Comments must be submitted by May 21, 2007.

. ADDRESSES: The study is located in docket number PHMSA-97-3001. To submit comments, reference the docket number and use one ofthe following:

* DOTWeb site:http://dms.dot.gov. To submit comments onthe DOT electronic docket site, click "Comment/ Submissions," click "Continue," fill in the requested information, click "Continue," enter your comment, then click "Submit."

" Fax: 1-202-493-2251. " Mail:Docket Management System: U.S. Department ofTransportation, 400 Seventh Street, SW, NassifBuilding, Room PL-401, Washington, DC 20590-: 0001.

* HandDelivery:DOT Docket Management System; RoomPL-401 on the plaza level of the NassifBuilding, 400 Seventh Street, SW, Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

o E-Gov Web site:http:// www.Regulations.gov.This site allows the public to enter comments on any FederalRegister notice issued by any agency.

Instructions: Identify the docket number, PHMSA-97-3001, at the beginning ofyour comments. Ifyou mail your comments, send two copies. Ifyou wish to receive confirmation that PHMSA received your comments, include a self-addressed stamped postcard. Online submit comments at http://www.regulations.gov, and may
access all comments received by DOT at http://dms.dot.govby performing a simple search for the docket number. Note: PHMSA posts all commenIs without changes or edits to http://dms.dot.gov, includingany personal information provided.
Privacy Act

Anyone can search the electronic form for comments received inresponse to any ofour dockets by the name ofthe individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). DOT's complete Privacy Act Statement is published inthe Federal Register on April 11, 2000 (65 FR 19477), and on the Web athttp:// dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Joy Kadnar at (202) 366-0568, or by e-mail atjoy.kadna@dot.gov. SUPPLEMENTARY INFORMATION: Background

InJuly 1987, a fishing vessel struck and ruptured an eight-inch natural gas liquid pipeline in the GulfofMexico. The resulting explosion killed two crewmembers. In October 1989, a similar accident occurred inthe Gulf of Mexico when a vessel struck a 16-inch gas pipeline. The resulting fire caused 11 fatalities.

The National Transportation Safety Board (NTSB) investigated these incidents and in 1990 issued safety recommendation number PS-90-29 to PHMSA, in 1990. The NTSB recommended PHMSA "develop and implement effective methods and requirements to bury, protect, and inspect the burial depth of, and maintain, all submerged pipelines in

areas subject to damage by surface vessels and their operations."

PHMSA took immediate actions in response to this recommendation. In April 1990, PHMSA issued an Alert Notice to warn pipeline operators and the commercial fishing industry about the dangers ofsubmerged pipelines. After completing extensive research, PHMSA developed a riskmanagement profile for submerged pipelines. PHMSA also issued regulations requiring operators to develop and follow a procedure to identify and conduct periodic inspections of submerged pipelines in the Gulfof Mexico that pose ahazard to navigation (69FR 48400; August 17, 2004).

The NTSB expressed concern that the 2004 final rule did not address offshore submerged pipelines outside the Gulfof Mexico, and requested that PHMSA further study these submerged pipelines. PHMSA recently completed the studyto address the NTSB's

concern. The study found that since 

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### Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Notices

1990 there have been 58 reported instances of avessel or its equipment striking asubmerged pipeline offshore, and 64 reported instances where a submerged pipeline was either uncovered orpresented a hazard to navigation. No incidents were found outside ofthe GulfofMexico.

The study addresses the impact of pipeline depth ofburial and vessels in waters less than 15 feet ofdepth. PHMSA anticipates there will be changes in the offshore environment, such as liquefied natural gas import facilities. PHMSA is working with the Federal Energy Regulatory Commission to ensure adequate protection ofLNG lines. PHMSA provides FERC with findings from our safety analysis for consideration ofconditional terms for granting permits. Therefore, PHMSA has the ability to get safety concerns addressed through FERC by adding them as conditions ofa permit. In addition, climate change may adversely affect offshore pipeline infrastructure by causing shifts in weather patterns, water depth orvessel traffic. PHMSA requests comments on the study to assist in evaluating theneed for further analysis due to these anticipated changes inthe offshore environment.

Authority: 49 U.S.C. 60102, 60115. Issued in Washington, DC on April 16, 2007. Joy Kadnar, ActingAssociate Administrator forPipeline Safety. [FR Doc. E7-7482 Filed 4-19-07; 8:45 am]

BILLING CODE 4910-60-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board [STB Finance Docket No. 35017]

Mark K. Smith-Continuance in Control Exemption-Rock River

.Railroad, Inc.
Mark K. Smith (applicant)has filed a verified notice ofexemption to continue incontrol ofRock River Railroad, Inc. (RRR), upon RRR's becoming a Class III rail carrier.

The earliest this transaction may be consummated is the May 6, 2007 effective date ofthe exemption (30 days after the exemption was filed).

This transaction is related to the concurrently filed notice ofexemption in STB Finance Docket No. 35016, Rock RiverRailroad, Inc.-Acquisitionand OperationExemptionRailLinesof Renew Energy,LLC. In that proceeding, RRR seeks to acquire and operate approximately 2,100 feet ofrail line, located within the plant site ofRenew Energy, LLC (RE), inJefferson, Jefferson County, WI (theline). RRR will provide

common carrierrail operations over the line and interchange with Union Pacific Railroad Company.

Applicant is a noncarrier and currently controls Rail &Transload, Inc. (R&T), aClass III rail carrier.

Applicant states that: (1) The rail properties operated byR&T and those to be operated by RRR do notconnect with each other or any railroads intheir corporate family; (2) the continuance in control is notpart ofa series of anticipated transactions that would connect the rail lines ofR&T and RRR with each other or any railroads in their corporate family; and (3) the transaction does not involve a Class I railroad. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See49 CFR 1180.2(d)(2). The purpose ofthis transaction is to allow applicant to continue in control ofRRR after RRR becomes a Class III rail carrier.

Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve arail carrier ofits statutory obligation to protect the interests ofits employees. Section 11326(c), however, does not provide for labor protection for transactions under section 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here, because all ofthe carriers involved are Class III carriers.

Ifthe verified notice contains false or misleading information, the exemption is void abinitio.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 April 27, 2007 (at least 7 days before the exemption becomes effective).

An original and 10 copies ofall pleadings, referring to STB Finance Docket No. 35017, must befiled with the Surface Transportation Board, .395 E Street, SW., Washington, DC 20423- 0001. In addition, one copy of each pleading mustbe served on Thomas F. McFarland, 208 South LaSalle St., Suite 1890, Chicago, IL 60604-1112.

Board decisions and notices are available on ourWeb site athttp:!! www.stb.dot.gov.

Decided: April 13, 2007. -By theBoard, David M. Konschnik, Director, Office ofProceedings. Vernon A. Williams, Secretary. [FR Doc. E7-7586 Filed 4-19-07; 8:45 am]

BILLING CODE 4915-01-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board [STB Finance Docket No. 35016]

Rock River Railroad, Inc.-Acquisition and Operation Exemption-Rail Lines of Renew Energy, LLC

Rock River Railroad, Inc. (RRR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Renew Energy, LLC (RE), and to operate approximately 2,100 feet ofrail line, located within the plant site ofRE, inJefferson, Jefferson County, WI (the line).1

This transaction is related to the concurrently filed notice ofexemption in STB Finance Docket No. 35017, Mark K. Smith-Continuancein Control Exemption-RockRiverRailroad, Inc., wherein Mark K. Smith seeks to continue in control ofRRR upon its becoming a Class III rail carrier.

RRR states that the line connects with Union Pacific Railroad Company at both ofits termini. RRR further states that, although the line hasbeen owned and operated by-RE asprivate track and might otherwise be considered to be spur, industrial, or switching track exempt from the Board's acquisition and operation authority under 49 U.S.C. 10906, it constitutes aline of railroad forwhich an exemption from the Board is required because it is RRR's initial rail acquisition and operation. 2

RRR certifies that its projected annual

revenues as a result ofthe transaction will not exceed those that would qualify it as a Class III rail carrier and will rot exceed $5 million.

The earliest this transaction may be consummated is the May 6, 2007 effective date ofthe exemption (30 days after the exemption was filed).

If the verified notice contains false or misleading information, the exemption is void abinitio.Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at anytime. The filing of

'According to RRR, theline does not have mileposts..

2.See EffinghamRR Co.-Pet.For Decla~atory Order,2 S.T.B. 606 (1997), aff'd subnom., United Transp. Unionv. Surface Transp.Bd., 183 F.3d606 (7 Cir. 1999); see alsoBulkmaticRailroad Corporation-Aequisition & Operation Exemption-BulkmaticTransportCompany,STB Finance Docket No. 34145 (STB served Nov. 19, 2002). 

### 20009Federal Register/Vol. 72, No. 76/ Friday, April 20, 2007/Notices

a petition to revoke will not automatically stay the effectiveness of the transaction. Petitions for stay must be filed no later than April 27, 2007 (at least 7 days before the exemption becomes effective).

An original and 10 copies ofall pleadings, referring to STB Finance Docket No. 35016, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423- 0001. In addition, a copy ofeach pleading mustbe served on Thomas F. McFarland, 208 South LaSalle St., Suite 1890, Chicago, IL 60604-1112.

Board decisions and notices are available on our Web site at http:// www.stb.dot.gov.

Decided: April 13, 2007. By the Board,David M. Konschnik, Director, Office ofProceedings. Vernon A. Williams, Secretary. [FRDoc. E7-7590 Filed 4-19-07; 8:45 am]

BILLING CODE 4915-01-P



### DEPARTMENT OF TRANSPORTATION
Surface Transportation Board [STB Finance Docket No.35015]
Kaw River Railroad, Inc.-Lease and Operation Exemption 1

### -BNSF Railway Company

Kaw River Railroad, Inc. (KRR), a Class III rail carrier, has filed averified notice ofexemption under 49 CFR 1150.41 to lease from BNSF Railway

- Company (BNSF) and operate approximately 14.66 miles ofrail lines located in BNSF's Bedford Yard andthe Bedford Industrial Park, in North Kansas City, MO, as follows: Track Numbers 1601 through 1605, including associated lead Track Numbers 1 through 10 coming off ofTrack Number 1606, and Track Number 1606 starting

on the west end from the clearance point ofthe switch with Track Number 1502. In conjunction with the lease of these rail lines, KRR will acquire incidental, restricted overhead trackage rights over a 1.52-mile BNSF rail line located between the Bedford Yard and the Kansas City Southern Railway Company (KCS) track leading to KCS's Knoche Yardvia the ASB Bridge, in North Kansas City.

KRR certifies that its projected annual

revenues as a result ofthis transaction will not result inthe creation ofa Class

'The original notice did not include "operation" in thetitle. Because it is clear that KRR will also become the operator ofthe leased lines, the title has been revised accordingly. II orClass Irail carrier and will not exceed $5 million.

The earliest this transaction may be consummated is the May 6, 2007 effective date ofthe exemption (30 days after the exemption was filed).

Ifthe verified notice contains false or misleading information, the exemption is void abinitio.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. Petitions for stay must be filed no later than April 27, .2007.

Anoriginal and 10 copies ofall pleadings, referring to STB Finance Docket No. 35015, mustbe filed with the Surface Transportation Board, 395 E. Street, SW., Washington, DC 20423- 0001. In addition, a copy ofeach pleading must be served on Karl Morell, 1455 F Street, NW., Suite 225, Washington, DC 20005.

Board decisions and notices are available on our Web site at http:// www.stb.dot.gov.

Decided: April 12, 2007. By the Board, David M. Konschnik, Director, OfficeofProceedings. Vernon A. Williams, Secretary. [FR Doc. E7-7544 Filed4-19-07; 8:45 am]

BILLING CODE 4915-01-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board [STB Docket No. AB-6 (Sub-No. 452X)]
BNSF Railway CompanyAbandonment Exemption-in Clinton and Marion Counties, IL

BNSFRailway Company (BNSF)has filed a notice ofexemption under 49 CFR 1152 Subpart F-Exempt Abandonments to abandon approximately 1.05 miles ofrail line, extending between milepost 13.97 and milepost 15.02, near Centralia, in Clinton and Marion Counties, IL. 1 The, linetraverses United States Postal Service Zip Code 62801.

BNSF has certified that: (1) No local traffic has moved overthe line for at least 2 years; (2) any overhead traffic on the line will be rerouted; (3) no formal complaint filed by auser ofrail service

on the line (orby a state orlocal government entity acting on behalfof

In a letter filed on April 5, 2007, BNSF clarifies that its use ofMN in the headings ofthenotice is

a clerical error,and that MN should be replaced with ILin the headings, as is consistent with the

use ofIL or Illinois in the textofthe notice and newspaper publication. such user) regarding cessation ofservice

over the line either is pending with the Surface Transportation Board orwith any U.S. District Court orhas been decided in favor ofcomplainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met.

As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under OregonShortLineR. Co.- Abandonment-Goshen,360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed.

Provided no formal expression of intent to file an offer offinancial assistance (OFA) has beenreceived, this exemption will beeffective on May 22, 2007, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2
formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), 3 and trail use/rail bankingrequests under 49 CFR 1152.29 must befiled by April 30, 2007. Petitions to reopen orrequests for public use conditions under 49 CFR 1152.28 must be filed by May 10, 2007, with: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423- 0001.

A copy ofany petition filed with the Board should be sent to BNSF's representative: Sidney L. Strickland, Jr., Sidney Strickland and Associates, PLLC, 3050 K Street, NW., Suite 101, Washington, DC 20007.

Ifthe verified notice contains false or misleading information, the exemption is void abinitio.

BNSF has filed a combined environmental and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. SEA will issue

an environmental assessment (EA) by April 27, 2007. Interested persons may obtain a copy ofthe EAby writingto

. 2The Board will grant a stay if an informed
decision on environmental issues (whether raised by a party or by the Board's Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption ofOutof-ServicenailLines,5 l.C.C.2d 377.(1989). Any request for a stay should be filed as soonas possible

so that the Board may take appropriate action before the exemption's effective date.

3Each OFA mustbe accompanied by the filing fee, which is currently set at $1,300. See 49 CFR 1002.2(0(25). 

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### Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Notices2

SEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) orby calling SEA, at (202) 245-0305. [Assistance forthe hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.] Comments

on environmental and historic preservation matters mustbe filed within 15 days after the EAbecomes available to the public.

Environmental, historic preservation, public use, ortrail use/rail banking conditions will be imposed, where appropriate, ina subsequent decision.

Pursuant to the provisions of49 CFR 1152.29(e)(2), BNSF shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has notbeen effected by BNSF's filing of anotice of consummation by April 20, 2008, and there are no legal orregulatory barriers to consummation, the authority to abandon will automatically expire.

Board decisions and notices are available on our Web site athttp:// www.stb.dot.gov.

Decided: April 9,2007. By the Board,David M. Konschnik, Director, Office ofProceedings. Vernon A. Williams, Secretary. [FR Doc. E7-7535 Filed 4-19-07; 8:45 am]

BILLING CODE 4915-01-P

DEPARTMENT OF THE TREASURY

Submission for OMB Review; Comment Request
April 13, 2007.

The Department ofthe Treasury has submitted the following public information collection requirement(s) to OMB forreview and clearance under the Paperwork Reduction Act of 1995, PublicLaw 104-13. Copies ofthe submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department ofthe Treasury, Room 11000, 1750. Pennsylvania Avenue, NW., Washington, DC 20220.

Dates: Written comments shouldbe received on or before May 21, 2007 to be assured ofconsideration.
Bureauof Public Debt (BPD)

MBNumber:1535-0094 Type of Review:Extension. Title:Regulations Governing Payments by the Automated Clearing House Method on Account of United States Securities.

Description: The information is needed inorder to make payments to investors in United States Securities by theAutomated Clearing House (ACH) method.

Respondents:Individuals or Households.

EstimatedTotalBurdenHours:1 hour.

OMB Number: 1535-0131. Type of Review: Extension. Title:Application For Disposition of Series I Savings Bonds after the Death ofthe registered owner(s).

Form:PD F 5394. Description: Used to distribute Series I savings bonds after the death ofthe registered owner(s).

Respondents:Individuals or Households.

EstimatedTotalBurdenHours:2,050 hours.

OMB Number: 1535-0095. Type of Review:Extension. Title:Regulations Governing United States Savings Bondg Series E/EE and H/HH.

Description: The regulations mandate the payment ofH/HH interest by Direct Deposit (ACH method).

Respondents:Individuals or Households.

EstimatedTotalBurdenHours:1 hour.

OMB Number:1535-0121. Type of Review:Extension. Title:U.S. Treasury Securities State and Local Government Series Early Redemption Request.

Form:PD F 5377. Description: Used for early redemption ofState and Local Government Series Securities.

Respondents:State, Local and Tribal Government.

EstimatedTotalBurdenHours:247 hours.

ClearanceOfficer:Vicki S. Thorpe (304) 480-8150, Bureau ofthe Public Debt, 200Third Street, Parkersburg, West Virginia 26106.

OMB Reviewer:Alexander T. Hunt (202) 395-7316, Office ofManagement and Budget, Room 10235, New Executive Office Building, Washington, DC 20503.
Michael A. Robinson, Treasury PRA Clearance Officer. [FRDoc. E7-7562 Filed 4-19-07; 8:45 am]

BILLING CODE 4810-39-P DEPARTMENT OF THE TREASURY

Fiscal Service Surety Companies Acceptable on Federal Bonds: Hudson Insurance Company.

AGENCY: Financial Management Service, Fiscal Service, Department ofthe Treasury. ACTION: Notice.

SUMMARY: This is Supplemental No. 8 to the Treasury Department Circular 570; 2006 Revision, published June 30, 2006, at 71 FR 37694. FOR FURTHER INFORMATION CONTACT: Surety Bond Branch at (202) 874-6850. SUPPLEMENTARY INFORMATION: A Certificate ofAuthority as an acceptable surety onFederal bonds is hereby issued under 31 U.S.C. 9305 to the following Company:

Hudson Insurance Company (NAIC #25054). Business Address: 17 State Street, 29th Floor, New York, NY 10004. Phone: (212) 978-2851. Underwriting Limitation b/: $11,542,000. Surety Licenses c/: AL, AK, AR, CA, CO, DE, DC, GA, HI, ID, IL, IN, IA, KS, KY, MD, MA, MI, MN, MS, MT, NE, NV, NJ, NIM, NY, OH, OK, OR, PA, SD, TN, TX, UT, VT, WA, WV, WI, WY. Incorporated IN: Delaware. Federal-bond-approving officers should annotate theirreference copies ofthe Treasury Circular 570 ("Circular"), 2006 Revision, to reflectthis addition.

Certificates ofAuthority expire on June 30th eachyear, unless revoked prior to that date. The Certificate are subject to subsequent annual renewal as long as the companies remain qualified (see31 CFR part 223). A list ofqualified companies is published annually as of July 1stin'the Circular, which outlines details as to underwriting limitations,

areas in which companies are licensed to transact surety business, and other information.

The Circular may be viewed and downloaded-through the Internet at http://www.fms.treas.gov/c5 70. Questions concerning this Notice may be directed to the U.S. Department of the Treasury, Financial Management Service, Financial Accounting and Services Division, Surety Bond Branch, 3700 East-West Highway, Room 6F01, Hyattsville, MD 20782.

Dated: April 5,2007. Vivian L. Cooper, Director, Financial AccountingandServices Division,Financial Management Service. [FRDoc. 07-1954 Filed 4-19-07; 8:45 am]

BILLING CODE 4810-35-M 20011Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Notices

DEPARTMENT OF THE TREASURY

Internal Revenue Service [REG-1 15393-98] Proposed Collection; Comment Request for Regulation Project
AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments.

SUMMARY: The Department ofthe Treasury, as part ofits continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, asrequir6d by the Paperwork Reduction Act of 1995, Public Law 104-13 (44U.S.C. 3506(c)(2)(A)).

Currently, the IRS is soliciting comments concerning an existing final regulation, REG-115393-98 (TD 8816), Roth IRAs (§§ 1.408A-2, 1.408A-4, 1.408A-5 and 1.408A-7). DATES: Written comments should be received on orbefore June 19, 2007 to be assured ofconsideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6516, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies ofthe regulations should be directed to AllanHopkins at Internal Revenue Service, room 6516, 1111 Constitution Avenue NW., Washington, DC 20224, or at (202) 622-6665, or through the internet at Allan.M.Hopkins@irs.gov.
SUPPLEMENTARY INFORMATION:

Title:Roth IRAs. OMBNumber: 1545-1616. RegulationProjectNumbers:REG115393-98.

Abstract:The regulations provide guidance on establishing Roth IRAs, contributions to Roth IRAs, converting amounts to Roth IRAs, recharacterizing IRA contributions, Roth IRA distributions and Roth IRA reporting requirements.

Current Actions:There is no change to this existing regulation.

Type of Review: Extension ofOMB approval.

Affected Public: Individuals or households, business or other for-profit and not-for-profit organizations.

EstimatedNumberofRespondents: 3,150,000.

EstimatedTimePerRespondent:1 minute for designating an IRA as a Roth IRA. 30 minutes forrecharacterizing an IRA contribution.

EstimatedTotalAnnualBurden Hours:125,000.

The following paragraph applies to all ofthe collections ofinformation covered by this notice:

An agency may not conduct or sponsor, and a person is notrequired to respond to, a collection ofinformation unless the collection ofinformation displays a valid OMB control number. Books orrecords relating to a collection ofinformation must beretained as long

as their contents may become material in the administration ofany internal

revenue law. Generally, tax returns and taxreturn information are confidential,

as required by 26 U.S.C. 6103.

Request for Comments:Comments submitted inresponse to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a)Whether the collection of information is necessary for the proper performance ofthe functions ofthe agency, including whether the information shall have practical utility; (b) the accuracy ofthe agency's estimate ofthe burden ofthe collection of information; (c) ways to enhance the quality, utility, and clarity ofthe information to be collected; (d) ways to minimize theburden ofthe collection of information on respondents, including through the use ofautomated collection techniques or other forms ofinformation technology; and (e) estimates ofcapital

or start-up costs and costs ofoperation, maintenance, and purchase ofservices to provide information.

Approved: March 19, 2007. Glenn P.Kirkland, IRSReportsClearanceOfficer. [FRDoc. E7-7473 Filed 4-19-07; 8:45 am]

BILLING CODE 4830-01-P

DEPARTMENT OF THE TREASURY

Internal Revenue Service Proposed Collection;Comment Request for Revenue Procedure 2007- xX AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department ofthe Treasury, as part ofits continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment onproposed and/or continuing information collections, as required bythe Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Revenue Procedure 2007-XX, Section 6707/6707A Accelerated Appeals Procedure. DATES: Written comments should be received on orbefore June 19, 2007 to be assured ofconsideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests foradditional information or copies ofrevenue procedure should be directed to Allan Hopkins, at (202) 622- 6665, or atInternal Revenue Service,

room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, orthrough the internet, at Allan.M.Hopkins@irs.gov. SUPPLEMENTARY INFORMATION:

Title:Section 6707-6707A Accelerated Appeals Procedure. OMBNumber: 1545-XXXX. Revenue Procedure Numnber:Revenue Procedure 2007-XX.

Abstract:The collection of information this revenue procedure requires is necessary to administer the provisions of section 6707(c) and 6707A(d) and to conduct Appeals procedures for those provisions.

Current Actions:There are no changes being made to the revenue procedure at this time. Type of Review:This is a new collection.

Affected Public:Individuals or households.

EstimatedNumberof Respondents: 860.

Estimated Average TimePer Respondent:30min.

EstimatedTotalAnnual Burden Hours:430.

The following paragraph applies to all ofthe collections ofinformation covered by this notice:

An agency may not conduct or sponsor, and apersofi is not required to respond to, a collection of information unless the collection ofinformation displays avalid OMB control number. Books or records relating to acollection ofinformation must be retained as long

as their contents may become material in the administration ofany internal

revenue law. Generally, tax returns and tax return information are confidential,

as required by 26 U.S.C. 6103.

Request forComments:Comments submitted in response to this notice will 

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### Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Notices

be summarized and/or included inthe request for OMB approval. All comments will become amatter of public record. Comments are invited on: (a)Whether the collection of information is necessary forthe proper performance ofthe functions ofthe agency, including whether the information shall have practical utility; (b)the accuracy of the agency's estimate ofthe burden ofthe collection of information; (c) ways to enhance the quality, utility, and clarity ofthe information to be collected; (d)ways to minimize the burden ofthe collection of information onrespondents, including through the use ofautomated collection techniques orother forms ofinformation technology; and (e) estimates ofcapital

or start-up costs and costs ofoperation, maintenance, andpurchase ofservices to provide information.

Approved: April 13, 2007. Glenn P. Kirkland, IRSReportsClearanceOfficer. [FR Doc. E7-7474 Filed 4-19-07; 8:45 amn
BILLING CODE 4830-01-P

DEPARTMENT OF THE TREASURY

Internal Revenue Service Proposed Collection; Comment Request for TAP Tax Check Waiver
AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for
comments.
SUMMARY: The Department ofthe Treasury, as part ofits continuing effort to reduce paperwork andrespondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, asrequired bythe Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning TAP Tax Check Waiver. DATES: Written comments shouldbe received on or before June 19, 2007 to be assured ofconsideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies ofthe form and instructions should be directed to Allan Hopkins, (202) 622-6665, or at Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or through the internet, at Allan.M.Hopkins@irs.gov. SUPPLEMENTARY INFORMATION: Title:TAP Tax Check Waiver. OMBNumber: 1545-XXXX. Abstract:Taxpayer Advocacy Panel (TAP)members must be compliant with their tax obligations and must undergo and pass aTax check in orderto be. selected as a TAP member. By executing the Tax Check Waiver, the applicant provides information to facilitate conduct ofthe Tax Check and authorizes the IRS official conducting the Check to release the results ofthe Check, which are otherwise confidential, to the Director ofTAP to help in determining the suitability of the applicant for membership on TAP. Current Actions:There are no changes being made to form at this time. Type of Review:Approval ofnew collection.

Affected Public: Individuals and households.

EstimatedNumberof Respondents: 110.

EstimatedTimePerRespondent:20 min.

EstimatedTotalAnnualBurden Hours:37.

The following paragraph applies to all ofthe collections ofinformation covered by this notice:

An agency may not conduct or sponsor, and a person is notrequired to respond to, acollection ofinformation unless the collection ofinformation displays avalid OMB control number. Books orrecords relating to a collection ofinformation must be retained as long

as their contents may become material inthe administration ofany internal

revenue law. Generally, tax returns and tax return information are confidential,

as required by 26 U.S.C. 6103.

Request for Comments:Comments submitted in responseto this notice will be summarized and/or included inthe request forOMB approval. All comments will become amatter of public record. Comments are invited on: (a)Whether the collection of information is necessary forthe proper performance ofthe functions ofthe agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate ofthe burden ofthe collection of information; (c) ways to enhance the quality, utility, and clarity ofthe information to be collected; (d)ways to minimize the burden ofthe collection of information on respondents, including through the use ofautomated collection techniques orother forms ofinformation technology; and (e) estimates ofcapital

or start-up costs and costs ofoperation, maintenance, and purchase ofservices to provide information.

Approved: April 13, 2007. Glenn Kirkland, IRS ReportsClearance Officer. [FR Doc. E7-7476 Filed 4-19-07; 8:45 am]

BILLING CODE 4830-01-P

DEPARTMENT OF THE TREASURY

Internal Revenue Service Proposed Collection;Comment Request for Notice 2007-XX
AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments.
SUMMARY: The Department ofthe Treasury, as part ofits continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Notice 2007-XX, Certain Payments Made Pursuant to a Securities Lending Transaction or Sale-Repurchase Transaction. DATES: Written comments shouldbe received on orbefore June 19, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies ofnotice shouldbe directed to Allan Hopkins, at (202) 622-6665, orat Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or through the internet,,atAllan.M.Hopkins@irs.gov. SUPPLEMENTARY INFORMATION:

Title:Certain Payments Made Pursuant to aSecurities Lending Transaction or Sale-Repurchase Transaction.

OMBNumber: 1545-XXXX. NoticeNumber:Notice 2007-XX. Abstract:The IRS need the information from payor(s) in order to verify the accuracy ofwithholding, reporting, and claims for credits with regard to substitute payments. The likely respondents will be withholding agents and qualified intermediaries.

Current Actions:There are no changes being made to the notice atthis time. 

### 20013

### Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Notices

Type of Review:This is a new collection.

Affected Public:Business or other forprofit organizations.

EstimatedNumberof Respondents: 377,500.

Estimated Average TimePer Respondent:10 min.

EstimatedTotalAnnualBurden Hours:61,750.

The following paragraph applies to all ofthe collections ofinformation covered by this notice:

An agency may not conduct or sponsor, and a person is not required to respond to, a collection ofinformation unless thecollection ofinformation displays a valid OMB control number. Books orrecords relating to a collection of information must be retained as long

as their contents may become material in the administration ofany internal

revenue law. Generally, tax returns and tax return information are confidential,

as required by 26 U.S.C. 6103.

Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become.a matter of public record. Comments are invited on: (a)Whether the collection of information is necessary for the proper performance ofthe functions ofthe agency, including whether the information shall have practical utility; (b) the accuracy ofthe agency's estimate of theburden ofthe collection of information; (c) ways to enhance the quality, utility, and clarity ofthe information tobe collected; 1d)ways to minimize the burden ofthe collection of information on respondents, including through the use ofautomated collection techniques or other forms ofinformation technology; and (e) estimates ofcapital

or start-up costs and costs -of operation, maintenance, and purchase ofservices to provide information.

Approved: April 13, 2007. Glenn Kirkland, IRS ReportsClearanceOfficer. [FRDoc. E7-7477 Filed 4-19-07; 8:45 am]

BILLING CODE 4830-01-P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

2007 Software Developers Conference
AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Software Developers Conference Notification.
SUMMARY: The Internal Revenue Service will host the 2007 Software Developers Conference on June 11 and 12, 2007. The conference will be held at the Marriott Crystal Gateway Hotel in Arlington, Virginia. Listed is a summary ofthe agenda along with planned discussion topics:
Summarized Agenda forJune 11 and June 12, 2007

8 a.m. Conference Begins
11:30 a.m. Break forLunch 1p.m. Conference Resumes 4:30 p.m.. Conference Adjourns

The planned discussion topics include:
" EMS Changes " Electronic Signatures and Alternatives " Interoperability * Modernized e-File
* Security 4 Payroll Tax Issues * Service Oriented Architecture

Note: Last minute changes to thesetopics

are possible andcould prevent advance notice.

DATES: The Software Developers Conference will be held on Monday and Tuesday, June 11 and June 12, 2007. The conference willbe held in aroom that accommodates approximately 400 people including IRS officials. ADDRESSES: Theconference will beheld in the Marriott Crystal Gateway Hotel 1700 Jefferson Davis Highway, Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT:, Registration for the Software Developers Conference may be assessed at http:// www.irsSoftware DevelopersConference.comi.

Participants should register on line for the conference by June 5. Participants may register online orby phone for blocked hotel rooms at a reduced rateby May 14. On site registration will also be available. Ifyou need additional information, you may contact Justin McCarty at (202) 283-2665 or send an e-mail to IRS.SW.CONF@irs.gov.
SUPPLEMENTARY INFORMATION: The IRS Software Developers Conference provides information and dialogue on issues ofinterest to IRS e-file software developers and transmitters.

Dated: April 10, 2007. Gregory Kay, Director, StrategicServicesDivision. [FR Doc. E7-7479 Filed4-19-07; 8:45 am]

BILLING CODE 4830-01-P DEPARTMENT OFVETERANS AFFAIRS
AdvisoryCommittee on Cemeteries and Memorials; Notice of Meeting

The Department ofVeterans Affairs (VA) gives notice under Public Law 92- 463 (Federal Advisory Committee Act) that a meeting ofthe Advisory Committee on Cemeteries and Memorials will be held May 16-17, 2007, atthe Courtyard by Marriott Atlanta Buckhead, 3332 Peachtree Road, NE., Atlanta, GA. On May 16, the meeting willbegin at 8 a.m. and conclude at 3:45 p.m. On May 17, the meeting will begin at 8:30 a.m. and conclude at approximately 4 p.m. The meeting is open to the public.

The purpose ofthe Committee is to advise the Secretary ofVeterans Affairs

on the administration ofnational cemeteries, soldiers' lots and plots, the selection ofnew national cemetery sites, the erection of appropriation memorials, and the adequacy ofFederal burial benefits.

OnMay 16, 2007, the Committee will receive updates onNational Cemetery Administration issues. On May 17, 2007, the Committee will tour Georgia and Marietta National Cemeteries and thenreconvene atthe hotel for a business session in the afternoon, which will include discussions ofCommittee recommendations, future meeting sites, and potential agenda topics at future meetings.

Time will not be allocated for receiving oralpresentations from the public. Any member ofthe public wishingto attend the meeting should contact Mr. Michael Nacincik, Designated Federal Officer, at (202) 273-5221. The Committee will accept written comments. Comments may be transmitted electronically to the Committee at Michael.n@va.govor mailed to the National Cemetery Administration (41C2), 810 Vermont Avenue, NW., Washington, DC 20420. Inthe public's communications with the Committee, the writers must identify themselves and state the organizations, associations, orpersons they represent.

Dated: April 16, 2007. By direction ofthe Secretary. E.Philip Riggin, CommitteeManagementOfficer. [FRDoc. 07-1970 Filed 4-19-07; 8:45 am]

BILLING CODE 8320-01-M 

### 20014

### Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Notices

DEPARTMENT OF VETERANS AFFAIRS

National Research AdvisoryCouncil; Notice of Meeting

The Department ofVeterans Affairs (VA) gives notice under Public Law 92- 463 (Federal Advisory Committee Act) that the National Research Advisory Council will hold a meeting on Monday, May 7, 2007, inroom 900 atthe Greenhoot Cohen Building, 1722 I Street, NW., Washington, DC. The meeting will convene at 8 a.m. and end at 3 p.m. The meeting is open to the public.

The purpose ofthe Council is to provide external advice and review for VA's research mission. The May 7 meeting agenda will include areview of the VA research portfolio, a summary of durrent budget allocations and a discussion ofinformation security. The Council will also provide feedback on the direction/focus ofVA's research initiatives.

Any member ofthe public who expects to attend the meeting or wants additional information should contact Jay A. Freedman, PhD, Designated Federal Officer, at (202) 254-0267. Oral comments from the public will notbe accepted atthe meeting. Written statements or comments shouldbe transmitted electronically to jay.freedman@va.govor mailed to Dr. Freedman atDepartment ofVeterans Affairs, Office ofResearch andDevelopment (12), 810 Vermont Avenue, NW., Washington, DC 20420.

Dated: April 16, 2007. ByDirection ofthe Secretary. E.Philip Riggin, CommitteeManagementOfficer. [FR Doc. 07-1948 Filed4-19-05; 8:45 am]

BILLING CODE 8320-01-M

DEPARTMENT OF VETERANS AFFAIRS

Veterans' AdvisoryCommittee on Education; Notice of Meeting

The Department ofVeterans Affairs gives notice under Pub. L. 92-463 (FederalAdvisory Committee Act) that the Veterans' Advisory Committee on Education will meet on May 16-17, 2007. OnMay 16, the session will be held inroom C-7A atthe VA Central Office, 810 Vermont Avenue, NW., Washington, DC. On May 17, the session will be held at the Veterans of Foreign Wars Building, 200 Maryland Avenue, NE., Washington, DC. Sessions will begin at 8:30 a.m. each day, ending at 4:15 p.m. on May 16 and at 12 noon on May 17. The meeting is open to the public.

The purpose ofthe Committee is to advise the Secretary ofVeterans Affairs

onthe administration of education and training programs for veterans, servicepersons, reservists, and dependents of veterans under Chapters 30, 32, 35, and 36 oftitle 38, and Chapter 1606 of title 10, United States Code.

On May 16, the agenda will include opening remarks and an overview by Mr. James Bombard, Committee Chair. In addition, this session will include discussion onproposed and new legislation, a total force GIBill, chapter 1606 eligibility extension, on-the-job training and apprenticeship programs and the contract call center. oral statements from the public willbe heard at4 p.m. On May 17, the Committee will review and summarize issues discussed during the meeting.

Interested persons may file written
statements with the Committee before the meeting, orwithin 10 days after the meeting, with mr. Salminio Garner, Designated Federal Officer, Department -ofVeterans Affairs, Veterans Benefits Administration, Education Service (225B), 810 Vermont Avenue, NW., Washington, DC 20420. Any member of the public wishing to attend the meeting should contact Mr. Salminio Garner or Mr. Robyn Noles at (202) 273-7187.

Dated: April 16, 2007. ByDirection ofthe Secretary E.Philip Riggin, CommitteeManagementOfficer. [FR Doc. 07-1947 Filed4-19-07; 8:45 am]

BILLING CODE 8310-07-M 

### 20015

## Friday, April 20, 2007



# Part H


# Department of Housing and Urban Development

24 CFR Part 1000 Native American Housing Assistance and Self-Determination Act (NAHASDA); Revisions to the Indian Housing Block Grant Program Formula; Final Rule

### 20018 Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Rules and Regulations

*DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Part 1000 [Docket No. FR-4938-F-03]
RIN 2577-AC57

- Native American Housing Assistance and Self-Determination Act (NAHASDA); Revisions to the Indian Housing BlockGrant Program Formula
AGENCY: Office ofthe Assistant Secretary for Public and Indian Housing, HUD. ACTION: Final rule.
SUMMARY: This final rule makes several revisions to the regulations for the Indian Housing Block Grant (IHBG) program allocation formula. Through the IHBG program, HUD provides federal housing assistance to Indian tribes in'a manner that recognizes the right ofIndian self-determination and tribal self-government. This final rule follows publication ofa February 25, 2005, proposed rule and takes into consideration the public comments received on the proposed rule. Other than-one conforming change, this final rule adopts the February 25, 2005, proposed rule without change. HUD negotiated the proposed rule and final rule with active tribal participation and using the procedures ofthe Negotiated Rulemaking Act of 1990. DATES: Effective Date. May 21, 2007. FOR FURTHER INFORMATION CONTACT: Rodger J. Boyd, Deputy Assistant Secretary forNative American Programs, Office ofPublic and Indian Housing, Department ofHousing and Urban Development, 451 Seventh Street, SW., Room 4126, Washington, DC 20410-5000; telephone (202) 401-7914 (this is not atoll-free number). Hearingor speech-impaired individuals may
access this number via TTYby calling the toll-free Federal Information Relay Service at (800) 877-8339. SUPPLEMENTARY INFORMATION:
I. Background

On February 25, 2005, HUD published

a proposed rule (70 FR 9490) to revise the regulations for the Indian Housing Block Grant (IHBG) program allocation formula. The IHBG program is authorized by the Native American Housing Assistance and SelfDetermination Act of 1996 (25 U.S.C. 4101 et seq.) (NAHASDA), which changed the way that housing assistance is provided to Native Americans. NAHASDA eliminated several separate assistance programs and replaced them with a single block grant program. NAHASDA and its implementing regulations at 24 CFR part 1000 recognize tribal self-determination and self-governance while establishing reasonable standards ofaccountability. The part 1000 regulations were developed with active tribal participation using the procedures of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561-570).

Under the IHBG program, HUD makes assistance available to eligible Indian tribes foraffordable housing activities. The amount ofassistance made available to each Indian tribe is determined in accordance with the allocation formula that was developed

as part ofthe NAHASDA negotiated rulemaking process (IHBG Formula). A regulatory description ofthe IHBG Formula is located in subpart D of 24 CFRpart 1000 (§§ 1000.301-1000.340).

The current IHBG Formula consists of two components: Need and Formula Current Assisted Stock (FCAS). Generally; the amount ofannual funding for an Indian tribe is the sum ofthe Need component (subject to a minimum funding amount authorized by §1000.328) and the FCAS component. Based on the amount of funding appropriated annually for the IHBG program, HUD calculates the annual grant foreach Indian tribe and provides this information to the Indian tribes. An Indian Housing Plan (IHP) for the Indian tribe is then submitted to HUD. Ifthe IHP is found to be in compliance with statutory and regulatory requirements, the grant is made.

Section 1000.306 ofthe IHBG program regulations provides that the IHBG Formula shallbe reviewed within 5 years after issuance. Accordingly, HUD established the IHBG Formula Negotiated Rulemaking Committee (Committee) for the purposes of reviewing the regulations at 24 CFR part 1000, subpart D, and negotiating recommendations for a possible proposed rule modifying the IHBG Formula. The Committee membership consisted of 24 elected officers oftribal governments (or authorized designees of those tribal governments). The Committee membership reflected a balanced representation ofIndian tribes, both geographically and based on size. In addition to the tribal members, there

weretwo HUD representatives on the Committee. The first meeting ofthe Committee took place inApril 2003 and theCommittee continued to meet thereafter on approximately a monthly basis. The Committee met a total of

seven times to negotiate the proposed rule, with the final meeting being held inJanuary 2004. All ofthe Committee sessions were announced in the Federal Register and were open to the public, and interested members ofthe public actively participated in the workgroup sessions. The February 25, 2005, proposed rulereflected the consensus decisions reached by the Committee during the negotiated rulemaking process onthe best way to address certain areas ofthe IHBG Formula that the Committee determined required clarification, were outdated, or were not operating as intended by the original Negotiated Rulemaking Committee. The preamble to the February 25, 2005, proposed ruleprovides additional details regarding the proposed regulatory changes to the IHBG Formula, and the negotiated rulemaking process used to develop the proposed changes. 

### II. This Final Rule; Conforming Change to the February25, 2005, Proposed Rule

This final rule follows publication of the February 25, 2005, proposed rule and takes into consideration the public comments received on the proposed rule. The public comment period on the proposed rule closed on April 26, 2005. HUD received 49 ptblic comments from Indian tribes on the proposed rule. The Committee met on January 31 through February 1, 2006, to review and consider responses to the public comments. A drafting workgroup was charged with developing the preamble to this final rule. The membership ofthe workgroup consisted ofHUD and tribal representatives. The 2-day meeting, which was open to the public, was announced inthe Federal Register through a notice published onJanuary 13, 2006 (71 FR 2176).

Conforming changes to appendices A and B were required based on the regulatory changes adopted by the Committee in this final rule. Therefore, these conforming changes to appendices A and B are adopted inthis final rule. No other changes are made to the appendices.

After careful consideration ofthe comments, the Committee reached

consensus onmaking a conforming typographical change to § 1000.316(a)(2) and (a)(3). Other than these conforming changes (whichare discussed below in this preamble), the regulatory revisions that were proposed in the February 25, 2005, proposed rule are unchanged in this final rule.
III. Discussion ofPublic Comments on the February 25, 2005, Proposed Rule

This section ofthe preamble presents
a summary ofthe significant issues raised by the public commenters onthe February 25, 2005, proposed rule and

### Federal Register/Vol. 72, No. 76/ Friday, April 20, 2007/Rules and Regulations

the Committee's responses to these comments. For the convenience of readers, the discussion ofthe public comments is organized into three sections.The first section discusses the general comments that were received on theproposed rule. The second section discusses the public comments received

.on specific proposed regulatory changes contained in theproposed rule. The third section discusses thepublic comments received onnon-consensus issues (i.e., those issues onwhich the Committee could notreach agreement
onproposed regulatory language).
A. GeneralComments 

### Comment.Twenty-eight commenters praised the IHBG Formulanegotiated rulemaking process and offered support that all revisions toNAHASDA regulations be developed using negotiated rulemaking. Further, these commenters requested that allpublic comments be consideredby the Committee ina face-to-face meeting before HUD develops the final rule.

Response:The Committee appreciates the commenters' support for the negotiated rulemaking process and for the Committee's efforts. As noted above, this Committee met during January 31 through February 1,2006, to consider thepublic comments and develop this final rule.

B. Comments onSpecificProposed RegulatoryChanges Commentregarding the revised -definitionofFormula Area. The February 25, 2005, rule proposed to 

### revise the definition ofthe term "Formula Area" located in § 1000.302. Many comments were received on various aspects ofthisrevised definition. For example, five commenters objected tothe inclusion of Oklahoma Tribal Statistical Areas (OTSAs), as defined bythe U.S. Census, in the list ofacceptable formula areas. The commenters wrotethat the inclusion ofOTSAs as formula areas will "shift funding from Reservation restricted trust lands toFee Simple State lands." Other commenters suggested that the rulebe revised toremove Tribal Designated Statistical Areas (TDSAs) from the list offormula areas. These commenters recommended thatthe final rule should insteaduse the listing of federally recognized tribes published by the Departmert ofInterior.

Response:The final rulehas not been revised in response tothese comments. The Committee continues tobelieve that theproposed changes tothe definition of Formula Areahelp to clarify the current definition andbetter address the different types ofgeographic areas served byIndian tribes. in responseto the comments objecting tothe inclusion ofOTSAs, the Committee does not agree thatthe inclusion ofsuch areas will necessarily result in a shift infunding and notes that the final rule continues toprovide for challenges to the "grandfathering" ofthe current formula

areas for such tribal areas in Oklahoma. Additionally, geographic areas encompassed by OTSAs are notnew to the formula, butrather reflecta change in terminology usedby the Census Bureau. These geographic areas were previously referred to as Tribal Jurisdictional Statistical Areas andhave historically been included inthe IHBG formula. With regard tothe commenters recommending the use ofthe list of federally recognized tribes, some federally recognized tribes donot have
areservation ortrust land. Additionally, five state recognized tribes havebeen grandfathered into the IHBG programby statute.Asnoted above, the inclusion of TDSAs simply provides Indian tribes with another Formula Area optionthat may betterreflect the geographic areas they serve. Commentsregarding the definitionof Alaska Formula Area. Several 

### commenters raised concerns aboutthe proposed definition ofAlaska Formula Area. Some ofthese commenters were concerned about theprocedures contained in the definition for crediting Alaskaneeds data. One ofthese commenters wrote thatNAHASDA does notauthorize HUD to grant IHBG fumds to "Alaska NativeVillages," only to sovereign Indian orAlaska Native tribes, and suggested that the definition be revised accordingly. Some ofthe commenters raised concern about the provision for expanding Alaska Formula Areas. Several ofthese commenters objected tothe perceived "ability ofany corporation tobe able to expand their service or formula areas." Another commenter, however, requested that the final rule clarify the ability ofAlaska Indian tribes to expand theirFormula Area.

Response:The rulehas not been revised inresponse tothese comments. The regulatory provision regarding Alaska Formula Areas addresses the unique circumstances ofIndian tribes in Alaska, and is consistent with the statutory requirements ofNAHASDA. The language regarding the crediting of formula datais idQntical tothat found in § 1000.327 ofthe current regulations. The change proposed by the February 25, 2005, rule was simply totransfer this language tothe definition of Formula Area forpurposes ofclarity. With regardto the expansion ofAlaska Formula Areas, theproposed and final rules make clear that Alaska tribesmay seekto expand their Formula Areas in the same manner as any other Indian tribe. AlaskaNative Villages have been listed and arerecognized as "federally recognized Indian tribes" bythe Secretary of Interior (70 FR 71194). Additionally, NAHASDA defines Alaska NativeVillages, regional corporations, and village corporations as Indian tribes, expressly making them eligible forprovisions under the statute.

Comments on thepopulationcap usedto determine formulaarea.Several 

### commenters wrote in support ofthe continued use ofthe "cap" on the population data that willbe attributed to an Indiantribe within its Formula Area. Inparticular, the commenters supported the clarification that for staterecognized tribes the population data and formula allocation shallbe limited totribal enrollment figures reflecting tribal enrollment criteria ineffect in 1996. The commenters wrote that the cap mustbe enforced toprohibit state recognized tribes from being credited with any newmembers.

Response:The Committee agrees that the cap is necessary to maintain fairness for allIndian tribes. As explained inthe preamble to the February 25, 2005, 

### proposed rule, theprovisionregarding state-recognized Indiantribes is statutorily based. The definition ofstaterecognized tribe in section 4(12)(C)(ii) of NAHASDA requires that the allocation for such a tribe shall be determined based ontribal membership eligibility criteria inexistence onthe date of enactment (October 26, 1996). The language oftheproposed rule (and adopted bythis final rule)helps to
ensure that state-recognized tribes will not be credited for anynew members who do notmeet the 1996 enrollment criteria. However, therule does not prohibit astate-recognized Indiantribe frombeing credited with new members who meet the enrollment criteria in place in 1996 and it does not freeze a state-recognized Indian tribe's population data orformula allocation at 1996 levels.

Comments regarding the expansion andredefinitionofFormula Area. The 

### proposedrule described new procedures governing the expansion or re-definition ofan Indian tribe's Formula Area. One tribeobjected to reducingthe new area to the "smallest U.S. Census unit orunits" when there
are other reasonable boundaries that can be followed, such as municipal or tribal boundaries.

Response:The rulehas notbeen revised in response tothiscomment. The newrequirements were carefully crafted bythe Committee to ensure that 20019

### Federal Register/Vol. 72, No. 76/Friday, April 20, 2007 /Rules and Regulations

an Indian tribe seeking to include additional geography within its approved Formula Area has the authority to provide housing services within the new geography and will

serve the housing needs ofNative Americans within the expanded Formula Area. The provision noted by the commenter is consistent with these goals because it limits expansion to those U.S. Census units for whichthe tribe can verify that it has the requisite legal authority and the ability to provide housing services. Despite differing views on its limitations, the Committee decided to base the limitation on U.S. Census data because such data is uniformly collected and accessible to all Indian tribes and because no acceptable alternative source hasyet been developed and agreed upon. Commentsregardingthe definitionof Substantial HousingServices.Among the required criteria for expanding its Formula Area, the Indian tribe must demonstrate that it is providing "substantial housing services" (as defined inthe rule) within the new geographic area. Several ofthe commenters objected to the requirement that the tribe demonstrate affordable housing activities equal to at least 100 percent ofthe increase in its IHBG Formula allocation or51 percent ofthe tribe's current formula allocation. The commenters wrote that this requirement establishes an excessively high and difficult threshold for expansion. Several commenters wrote that the definition would make it especially difficult for small tribes in California and Nevada, whose IHBG Formula allocation is based largely on the FCAS component needed formaintaining current housing stock,to include locations outside their existing Formula Areas even ifthey provide housing services to their enrolled members in those areas.

Response:The rule has not been revised inresponse to these comments. As noted above in this preamble, the

new requirements regarding the expansion ofFormula Area were carefully crafted by the Committee. The definition of substantial housing services intentionally contains thresholds that are designed to ensure that an Indian tribe seeking to include additional geography within its approved Formula Area has the authority to provide housing services within the new geography and will

serve thehousing needs ofNative Americans within the expanded Formula Area. However, the definition also containsthe necessary flexibility to help address geographic and other differences among Indian tribes. Specifically, the rule permits Indian tribesto satisfy the substantial housing services requirements in one oftwo ways: to either provide 100 percent of the increase in its IHBG Formula allocation or 51 percent ofthe tribe's current formula allocation ifcertain other conditions are satisfied.

Commentsregarding the use ofU.S. Censusdatain overlapping Formula Areas. Current regulations at 

### § 1000.326 specifyhow IHBG funds will be allocated where the Formula Areas of

one ormore tribes overlap. Among other factors, the allocation will be based upon the Indian tribe's proportional share ofthe population in the geographic area. Tribal membership in the geographic area (notincluding dually enrolled tribal members) will be based on data that all Indian tribes involved agree to use. The current regulation lists several suggested data
sources, including tribal enrollment lists, Indian Health Service User Data, and Bureau ofIndian Affairs data. This list is notexclusive, and the data used for this purpose has sometimes included U.S. Census data. For purposes of clarity, the proposed rule expanded the list of suggested data sources to explicitly include data from the U.S. Census. Five commenters objected to the use of Census data, suggesting that HUD instead utilize official enrollment data from the tribe.

Response:The change clarifies that the U.S. Census data is one ofseveral data sources that may beused to determine tribal population. The Committee notes that the regulation does notrequire the use ofCensus data and does not preclude the use of other data, including the tribal enrollment figures recommended by the commenters. Accordingly, the Committee determined that a change to the rule was not necessary.

Comments regarding the requireduse oftheFormulaResponseForm for reporting changes to FCAS.The February 25, 2005, rule proposed to add

a new 

### §1000.315 and 

### § 1000.319, bo.th clarifying policies and procedures relating to the reporting ofchanges to FCAS. New § 1000.315 clarifies that the Formula Response Form is the only mechanism arecipient may use to report changes to the FCAS. New § 1000.319 provides that ifarecipient receives an overpayment offunds because it failed to report changes on the Formula Response Form ina timely
manner, the recipient must repay the funds within 5 fiscal years. Conversely, HUD has agreed to provide back funding for any undercount ofunitsthat occurred and was reported or challenged prior to October 30, 2003. In their comments, 34 tribes offered support for these rule changes. The commenters supported the change on
over- and under-counting ofFCAS, as well as the formula response form change at 

### § 1000.319.

Response:The Committee appreciates the support ofthe comments. The final rule adopts the provisions ofproposed 

### §§ 1000.315 and 1000.319 without change.

Commentsregarding the calculation ofthe operatingsubsidycomponentof FCAS.For clarity, the February 25, 2005, rule proposed to make a minor, non-substantive modification to § 1000.316(a)(1). The current language ofthe regulation provides that the first ofthe three.variables comprising the operating subsidy component ofFCAS is "the number of low-rent FCAS units multiplied by the FY 1996 national per unit subsidy (adjusted to full funding level) multiplied by an adjustment factor forinflation." The proposed provision would simplify this provision by establishing a separate definition of the term "national per unit subsidy" in 

### § 1000.302, which contains the definitions applicable to the IHBG program.

Twenty-eight commenters wrote in support ofthe change. However, one.of the commenters identified a typographical inconsistency between § 1000.316(a)(1) and paragraphs (a)(2) and (a)(3) of §1000.316. Specifically, the proposed rule inadvertently failed to include the same changes to paragraphs (a)(2) and (a)(3) as were proposed for paragraph (a)(1). The commenter requested that the final rule correct this

error. Two other commenters submitted comments related to 

### §1000.316, but that

were outside the scope ofthe proposed rule and therefore not appropriate for inclusion atthis final rule stage. Specifically, one commenter advocated the participation ofall Indian tribes in the Section 8 voucher program, while the other commenter advocated for increased IHBG funding.

Response:ThdCommittee appreciates the support expressed bythe commenters onthe clarifying change. As noted above in this preamble, the finalrule makes the necessary correction to paragraphs (a)(2) and (a)(3) of

### § 1000.316.

Commentsregarding the FCAS modernizationallocation forsmall Indiantribes.The February 25, 2005, rule proposed to implement a statutory amendment to NAHASDA by making various conforming changes to the IHBG regulations. Section 1003(g) ofthe Omnibus Indian Advancement Act (Pub.L. 106-568, approved December 27, 2000) added anew subsection 

### 20020

### Federal Register/Vol. 72, No. 76/Friday, April 20, 2007 /Rules and Regulations

302(d)(1)(B) to NAHASDA regarding operating and modernization funding forIndian tribes with Indian Housing Authorities (IHAs) that owned or operated fewer than 250units developed under the United States Housing Act of 1937 (42U.S.C. 1437 et seq.) (1937 Act). The proposed rule contained conforming changes to § 1000.316 and § 1000.340 to codify this statutory requirement.

Twenty-nine commenters offered support for the proposed regulatory changes to accommodate the statutory amendment to NAHASDA regarding operating and modernization funding for tribes that owned oroperated fewer than 250 units. Five commenters, although acknowledging that the regulatory changes were statutorily based, wrote that the statutory amendment is unfair to those tribes that did notreceive the one-time competitive modernization grant in 1997. One commenter requested clarification regarding the effect ofthe regulatory change for Indian tribes that had more than 250 units on October 1, 1997.

Response:The rule has notbeen revised in response to these comments. As the commenters acknowledged, the regulatory change conforms the IHBG regulations to the statutory language of section 302(d)(1)(B) of NAHASDA. In response to the commenter requesting additional clarification, the statutory change does not affect the calculation of operating and modernization funding for Indian tribes that had more than 250 units on October 1, 1997.

Commentsregarding smallprograms! minimum funding.The February 25, 2005, rule proposed numerous revisions to the minimum funding provisions at § 1000.328. Among other changes, the ruleproposed to remove the current provisions regarding the minimum IHBG Formula Need allocation for an Indian tribe inits firstyear of participation inthe IHBG program. The rule also proposed to revise the minimum formula allocation an Indian tribe will receive under the Need component ofthe IHBG Formula after its first year ofparticipation in the program. The February 25, 2005, proposed rule also proposed new eligibility requirements for minimum funding.

Thirty-four comments offered support for the revised minimum funding provisions, and 28 ofthese commenters recommended that the provisions be adopted without change. Five commenters wrote that the minimum funding provisions will not provide small tribes with adequate funds to meaningfully address their housing needs. These commenters recommended that FCAS should notbe considered in providing minimum funding, as these funds go toward maintenance ofexisting housing and do not address the unmet need for housing assistance. These commenters also objected to the requirement that the Indian tribe demonstrate a need for the minimum funding, writing that this requirement is unnecessary and duplicative because each tribe's IHP already contains a statement ofneeds.

Response:The rule has notbeen revised in response to these comments. As noted in the preamble to the proposed rule, the minimum funding provision provides for aminimum needs allocation of$50,000 based on current IHBG appropriations. The Committee continues tobelieve that this provision is fairto all Indian tribes while helping to ensure an adequate minimum level offunding for smaller tribes. With regard to the eligibility requirements, the Committee concluded they are necessary to ensure that the minimum funding provisions benefit Indian tribes that would otherwise be unable to provide even minimal housing services and that have a demonstrated need for such services. The requirement is not duplicative because tribes will demonstrate the presence ofany households at orbelow 80 percent of median income only in the IHP.

Comments regarding the adjustment oftheNeed variablesusingbirthand deathratedata.Section 1000.330 describes the data sources used for the Need component. The February 25, 2005, rule proposed to revise this section to codify existing procedures by specifying that the data for the Need variables shall be adjusted annually beginning the year after the Need data is collected, using Indian Health Service projections based upon birth and death rate data as provided by theNational Center forHealth Statistics.

Twenty-eight commenters wrote in support ofthe consensus position on birth and death rates. Five commenters wrote that, while death and birth rates
are a fair method to adjust the Need component, it should be the responsibility ofthe tribes to report annual enrollment certification instead ofHUD.

Response:The birth and death rate provision has been adopted without change. As noted, the regulatory change codifies an existing procedure that both Indian tribes and HUD have determined works effectively and fairly in adjusting the Formula Need component forbirth and death rates. Procedures at § 1000.336 have also been revised to include challenges ofbirth and death rate data used incomputing Indian Health Service projections.

Comments regarding datachallenges andappealsofHUD formula determinations. The September 25, 2005, rule proposed to clarify and elaborate upon existing §1000.336, which describes the procedures that an Indian tribe, tribally designated housing entities (TDHE), and HUD may use to challenge data. Under the proposed rule, § 1000.336 would continue to authorize data challenges, but also provide for appeal ofcertain HUD formula determinations. Thirty-four commenters wrote in support ofthe proposed rule provisions regarding data challenges and appeals. However, five commenters objected to the use ofU.S. Census data to determine need.

Response:The consensus position as described in the proposed rule remains unchanged in the final rule. The Committee appreciates the support expressed by the majority ofcomments
on this provision, and believes that the

new regulatory language will assist both tribes and HUD by clarifying the policies and procedures for challenging data and appealing formula determinations.
C. CommentsRegarding Nonconsensus Items Commentsregarding formulamedian income.During negotiations, the Committee considered removing the definition of"formula median income" used incalculating the Need component ofthe IHBG Formula and, in its place, using the definition of"median income" provided under sedtion 4 of NAHASDA. The Committee was unable to reach consensus onthis issue and therefore aregulatory change was not contained inthe February 25, 2005, proposed rule.

A majority ofcommenters requested that the Committee revisit the issue.

- Twenty-nine commenters explained that there was not enough time to properly address the issue during the negotiations. They wrote that the use of two separate definitions ofmedian income (one for the formula and the other for use elsewhere inthe IHBG regulations) was confusing and contradictory to the intent of NAHASDA. The commenters also wrote that the formula definition unfairly results in some Indian tribes not receiving IHBG funding for low-income Indian families who must be served by the tribe.

Response:No change has been made to the rule inresponse to these comments. As noted above and discussed in detail in the preamble to the proposed rule, the Committee could 

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notreach consensus on whether to revise the definition offormula median income. Because decision-making during the negotiated rulemaking process was based on consensus, the absence ofconsensus on formula median income, even after full consideration ofpublic comments, precluded the Committee from adopting the changes proIposed by the commenters. Moreover, such a revision would not havebeen appropriate at this final rule stage, as it would require additional notice and public comment.

Commentsregardingthe Section8 inflation factor.During negotiations on the proposed rule, the Committee considered various proposals toremove the inflation adjustment factor for Section 8 units in calculating FCAS, but

was unable to reach consensus on a regulatory change. There were several comments received that made suggestions outside the scope ofthe proposed rule. Specifically, five commenters suggested thatthe regulations be revised to provide that as
an individual Section 8 voucher expires, the associated fundingbe placed ina "pot" in the same way as other FCAS

are conveyed. One commenter raised an objection to the statutory language of section 502(a) ofNAHASDA, which, according to the commenter, effectively includes Section 8 assistance to be treated as FCAS.

Response:The rule has notbeen revised in response to these comments. This was an item on which the Committee was unable to reach

consensus. Further, the change recommended by the commenters could notbe made atthis finalrule stage without additional notice and comment rulemaking. The comment objecting to section 502(a) ofNAHASDA pertains to statutory language that may be revised only through legislative amendment.

Commentsregarding substantial noncompliance.Section 1000.534 ofthe IHBGprogram regulations describes those tribal actions that constitute substantial noncompliance with IHBG program requirements. As explained in § 1000.538, HUD may take certain actions against an Indian tribe that has failed to comply substantially with the IHBG program requirements, but only afterreasonable notice and opportunity for a hearing conducted in accordance with 24 CFR part 24. The Committee considered expanding the actions deemed to constitute substantial noncompliance and, therefore, entitle the Indian tribe to a formal hearing prior to anyreduction or adjustment ofits IHBG grant. During negotiations, there

were two objections to the proposed expansion of substantial noncompliance 

### and, therefore, consensus was not reached onthis proposal. Several commenters expressed concern onthe failure ofthe Committee to find

consensus onthe proposal to amend §§ 1000.534 and 1000.538.

Response:No change has been made to the rule inresponse to these comments. As noted above, the 

### Committee could notreach consensus
on whether to revise the regulatory 

### provisions concerning substantial noncompliance. Because the negotiated rulemakin'g process required consensus andbecause consensus was notreached

on this item, the Committee did not adopt the changes recommended by the commenters. Moreover, such revisions would not be appropriate at this final rule stage because they would require additional notice and opportunity for public comment.

Comments regardingthereplacement oftheAllowable ExpenseLevel(AEL). The IHBG Formula currently uses an 

### adjustment factor known as the Allowable Expense Level (AEL), which

serves as a substitute measurement of geographic and other differences in the monthly per-unit operating costs incurred by an Indian tribe to operate Current Assisted Stock. During

.negotiations, some members ofthe Committee oxpressed dissatisfaction withthe AEL, stating that it is not reflective ofthe true costs ofoperating affordable housing units and that individual AEL levels were often inaccurately calculated. Other Committee members, however, felt that general use ofthe AEL is an acceptable method forallocating IHBG operating funds among the Indian tribes but that individual AEL determinations should be subject to challenge by individual Indian tribes. The Committee was unable to reach consensus on this issue and, therefore, aregulatory change was notcontained inthe February 25, 2005, proposed rule. HUD agreed to a study of the use ofthe AEL. This Indian housing cost study is currently underway. Twenty-nine commenters submitted comments regarding possible changes to the AEL, but were divided in their opinions. Some ofthe commenters were concerned about the failure ofthe Committee to find consensus on AEL and expressed support for changes through legislation or future regulatory changes. Others supported the continued use ofAEL as an adjustment factor to account for the higher costs associated with differing geographic locations.

Response:No change has been made to the rule inresponse to the comments. As noted, the Committee was unable to reach consensus on aproposed regulatory change and, therefore, did not adopt the commenters' suggested change inthis final rule. Accordingly, a revision to the AEL would notbe appropriate at this final rule stage, since it would require additional notice and public comment.

Commentsregardingthe use ofmultiraceU.S. Censusdata.In calculating the Need component, pursuant to § 1000.330, HUD uses U.S. Census population data. The 2000 U.S. Census reported for the first time both those persons who identify themselves solely

as American Indian/Alaska Native (ALAN) and those who also identify with another race. HUD made the determination to use the 2000 Census data. HUD's current calculation ofthe Need component incorporates all persons who identify as AlAN, without regard to whether they also identify as another race. During the negotiations for -theproposed rule, proponents ofusing this data stated that the use ofsinglerace data does notreflect the best available information and would exclude some persons who identified as multi-race and are eligible to be served under NAHASDA. Other Committee members, however, expressed objections to the use ofthis multi-race data, stating that the purpose of NAHASDA, which is to assist Native Americans, would be better served by limiting the population data to those persons designating themselves asbeing solely AIAN. The Committee was unable to reach consensus on this issue and, therefore, a regulatory change was not contained in the February 25, 2005, proposed rule. Thirty-four commenters opposed the use ofmulti-race Census data and urged the Committee to revisit this issue. The tribes stated that the change to multi-race data hasthe effect ofdrastically increasing some tribes' funding and decreasing that ofothers. In particular, one commenter wrote that t4e use ofmulti-race data would shift funding from traditional Native Villages to more urban areas. Several commenters suggested acompromise position providing for calculation ofthe Need component based onthe average ofindividuals designating themselves solely as AIAN and the number of persons also designating themselves as belonging to other racial categories. One commenter suggested that tribal enrollment criteria should be used as the determining factor where eligibility is inquestion. Fourcommenters wrote in support ofthe multi-race Census data. One ofthese commenters stated that tribal members can be more than

onerace provided they meet the criteria established by the tribe. Two 

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commenters wrote that not using multirace data would result in undercounting oftribal membership. Another commenter offered general support for the use ofmulti-race Census data in the IHBGallocation formula.

Response:The rulehas notbeen revised inresponse to these comments. As discussed above, the Committee was unable to reach consensus on the issue ofmulti-race data and,therefore, a regulatory change at this final rule stage would be inappropriate without advance notice and the opportunity for public comment. Further, Senate Report 109-109 accompanying the Fiscal Year 2006 HUD Appropriations Act (Pub. L. 109-115; approved November 30, 2005) provides for HUD to reassess, using notice and comment rulemaking procedures, its decision to use multi-

race data. Consistent with the language ofthe Senate Report, onDecember 12, 2006, HUD published a notice in the Federal Register (71 FR 74748) that solicited public comment onthe use of multi-race data in the computation of the IHBG allocation formula.
IV. Findings and Certifications RegulatoryPlanning andIleview
The Office ofManagement and Budget (OMB) reviewed this rule under Executive Order 12866 (entitled "Regulatory Planning and Review"). OMB determined that this rule is a "significant regulatory action" as defined in section 3(f)ofthe Order (although not an economically significant action, as provided under section 3(f)(1) ofthe Order). The docket file is available for public inspection in the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410-0500. Due to security measures atthe HUD Headquarters building, please schedule

an advance appointment to review the docketfile by calling theRegulations Division at (202) 708-3055 (this is not
a toll-free number). Paperwork ReductionAct The information collection requirements contained inthis proposed rule have been approved by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2577-0218. In accordance with the Paperwork Reduction Act, an agency may not conduct or sponsor, and aperson is not required to respond to, a collection of information unless the collection displays acurrently valid OMB control number. EnvironmentalImpact

A Finding ofNo Significant Impact (FONSI) with respect to the environment was made atthe proposed rule stage in accordance with HUD regulations at 24 CFR part 50, which implement section 102(2)(C) ofthe National Environmental Policy Act of 1969 (42U.S.C. 4332(2)(C)). That FONSI remains applicable to this finalrule and is available for public inspection between the hours of8 a.m. and 5p.m. weekdays in the Regulations Division, Office ofGeneral Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410-0500. Due to security measures atthe HUD Headquarters building, please schedule

an advance appointment to review the FONSI by calling the Regulations Division at (202) 708-3055 (this is not
a toll-free number). RegulatoryFlexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.)generally requires an agency to conduct aregulatory flexibility analysis ofany rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will nothave a significant economic impact on a substafitial number ofsmall entities. This rule would not impose substantive new requirements on Indian tribes. Rather, the rule addresses those areas ofthe IHBG Formula that HUD and Indian tribal representatives determined require clarification, are outdated, or are not operating as intended. Moreover, HUD negotiated the amendments contained in this final rule with representatives ofIndian tribes, and the rule reflects the consensus decisions reached by HUD and its tribal negotiating partners onthe bestway to address the required changes to the IHBG Formula. The potential burden of the regulatory changes on Indian tribes

was considered and addressed aspart of the negotiated rulemaking process. Accordingly, the undersigned certifies that this rule will not have a significant economic impact on asubstantial number ofsmall entities. UnfundedMandatesReform Act

Title II ofthe Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1531-1538) establishes requirements for federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments and on the private sector. This rule does not impose any federal mandate on state, local, ortribal governments, or onthe. private sector within the meaning of UMRA. : Catalogof Federal DomesticAssistance The Catalog ofFederal Domestic Assistance number for the IHBG program is 14.867.
List ofSubjects in 24 CFR Part1000

Aged, Grant programs-housing and community development, Grant programs-Indians, Individuals with disabilities, Low and moderate income housing, Public housing, Reporting and recordkeeping requirements.

n Accordingly, forreasons discussed in the preamble, HUD amends 24 CFR part 1000 as follows:

PART 1000-NATIVE AMERICAN HOUSING ACTIVITIES

m1.The authority citation for 24 CFR part 1000 continues to read as follows:

Authority: 25 U.S.C.4101 etseq.;.42U.S.C. 3535(d).
N 2. In § 1000.302, revise thedefinition of "FormulaArea" and add, in alphabetical order, definitions ofthe terms "NationalPerUnitSubsidy" and "Substantial HousingServices"to read

as follows: §1000.302 What are the definitions applicableto the IHBG formula?

Formulaarea.(1) Formula areas are: (i) Reservations for federally recognized Indian tribes, as defined by the U.S. Census;

(ii) Trust lands; (iii) Department ofthe Interior NearReservation Service Areas;

(iv) Former Indian Reservation Areas in Oklahoma Indian Areas, as defined by the U.S. Census as Oklahoma Tribal" Statistical Areas (OTSAs);

(v) Congressionally Mandated Service Areas;

(vi) State Tribal Areas as defined by the U.S. Census as State Designated American Indian Statistical Areas (SDAISAs);

(vii)Tribal Designated Statistical Areas (TDSAs);

(viii)California Tribal Jurisdictional Areas established orreestablished by federal courtjudgment; and

(ix) Alaska formula areas described in paragraph (4) ofthis definition.

(2)(i)For a geographic areanot identified inparagraph (1) ofthis definition, and for expansion orredefinition ofa geographic area from the prior year, including those identified in paragraph (1)ofthis definition, the Indian tribe must submit, on a form agreed to by HUD, information about the geographic area itwishes to include in 

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### /Rules and Regulations

its Formula Area, including proofthat the Indian tribe, where applicable, has agreed to provide housing services pursuant to a Memorandum of Agreement (MOA) with the tribal and public governing entity or entities ofthe
area, or has attempted to establish such

an MOA; and either:

(A) Could exercise courtjurisdiction;

or (B) Is providing substantial housing services and will continue to expend or obligate funds for substantial housing services, asreflected in the form agreed to by HUD forthis purpose. (ii)Uponreceiving a request for recognition ofa geographic area not identified inparagraph (1) ofthis definition, HUD shall make a preliminary determination. HUD shall notify all potentially affected Indian tribes ofthe basis forits preliminary determination by certified mail and provide the Indian tribeswith the opportunity to comment for a period of not less than 90 days. After consideration ofthe comments, HUD shall announce its final determination through Federal Register notice.

(iii) No Indian tribe may expand or redefine its Formula Area without complying with the requirements of paragraphs (2)(i) and (ii) ofthis " definition, notwithstanding any changes recognized by the U.S. Census Bureau.

(iv) The geographic area into which

an Indian tribe may expand under this paragraph (2) shall be the smallest U.S. Census unit orunits encompassing the physical location where substantial housing services have been providedby the Indian tribe. (3) Subject to a challenge by an Indian tribe with aFormula Area described under paragraph (1)(iv) ofthis definition, any federally recognized Indian tribe assigned Formula Area geography in Fiscal Year 2003 not identified in paragraphs (1)and (2) of this definition, shall continue to be assigned such Formula Area in subsequent fiscal years, provided that the Indian tribe continues to provide an appropriate level ofhousing services within the Formula Area as monitored by HUD using the definition of substantial housing services contained in this section as a guideline but not as
a requirement.

(4) Notwithstanding paragraphs (1), (2), and (3) ofthis definition, Alaska needs data shall be credited as set forth in § 1000.327 to the Alaska Native Village (ANV), the regional Indian tribe,

or to the regional corporation established pursuant to the Alaska Native Claims Settlement Act (33 U.S.C. 1601 etseq.) (ANCSA). For purposes of § 1000.327 and this definition: (i) The formula area ofthe ANV shall be the geographic area ofthe village or that area delineated by the TDSA established for the ANV forpurposes of the 1990 U.S. Census orthe Alaska Native Village Statistical Area (ANVSA) established for the ANV. To the extent that the area encompassed by such designation may substantially exceed the actual geographic area ofthe village, such designation is subject to challenge pursuant to § 1000.336. If the ANVSA or the TDSA is determined pursuant to such challenge to substantially exceed the actual area ofthe village, then the geographic formula area ofthe ANV for purposes of§ 1000.327 shall be such U.S. Census designation as most closely approximates the actual geographic area ofthe village.

(ii) The geographic formula area ofthe regional corporation shall be the area established for the corporation by the ANCSA.

(iii) AnIndian tribe may seekto expand its Alaska formula area within its ANCSA region pursuant to the procedures set out in paragraph (2) of this definition. Formula Area added in this way shall be treated as overlapping pursuant to § 1000.326, unless the Indian tribe's members in the expanded

area are less than 50 percent ofthe AIAN population. In cases where the Indian tribe is not treated as overlapping, the Indian tribe shall be credited with population and housing data only for its own tribal member residents within the new or added area. All other population and housing data for the area shall remain with the Indian tribe ortribes previously credited with such data.

(5) In some cases the population data for an Indian tribe within its Formula Area is greater than its tribal enrollment. Ingeneral, to maintain fairness for all Indian tribes, the tribe's population data will notbe allowed to exceed twice an Indian tribe's enrolled population. However, an Indian tribe subject to this cap may receive an allocation based on
morethan twice its total enrollment if it can show that it is providing housing assistance to substantially more nonmember Indians and Alaska Natives who are members ofanother federally recognized Indian tribe than it is to members. For state-recognized Indian tribes, the population data and formula allocation shall be limited to their tribal enrollment figures as determined under enrollment criteria ineffect in 1996.

(6) In cases where an Indian tribe is seeking to receive an allocation more than twice its total enrollment, the tribal enrollment multiplier willbe determined by the total number of Indians and Alaska Natives to whom the Indian tribe is providing housing assistance (on July 30 ofthe yearbefore funding is sought) divided by the number ofmembers to whom the Indian tribe is providing housing assistance. For example, an Indian tribe that provides housing to 300Indians and Alaska Natives, ofwhich 100 are members, the Indian tribe would then be able to receive an allocation forup to three times its tribal enrollment ifthe Indian and Alaska Native population in the area is three or more times the tribal enrollment.

* * * * *

National perunitsubsidyis the Fiscal Year 1996 national per unit subsidy (adjusted to full funding level) multiplied by an adjustment factor for inflation.

Substantial housingservicesare: (1) Affordable housing activities funded from any source provided to ALAN households with incomes 80 percent ofthe median income as defined inNAHASDA (25 U.S.C. 4103 (14)) orlower, equivalent to 100percent

or more ofthe increase in the IHBG formula allocation that the Indian tribe would receive as a result of adding the proposed geography; or

(2) Affordable housing activities funded with IHBG funds provided to AIAN households with incomes 80 percent ofthe median income as defined in NAHASDA (25 U.S.C. 4104(14)) orlower, equivalent to 51 percent ormore ofthe Indian tribe's current total IHBG grant; and either:

(i) Fifty-one percent ormore ofthe Indian tribe's official enrollment resides within the geographic area; or

(ii) The Indian tribe's official enrollment constitutes 51 percent or
more ofthe total AIAN persons within the geography.

(3) HUD shall require that the Indian tribe annually provide written verification, on a form approved by HUD, that the affordable housing activities it is providing meet the definition ofsubstantial housing services.

0 3.Revise § 1000.306(b) to read as follows: §1000.306 How canthe IHBG Formula be modified?

(b) The IHBG Formula shall be reviewed notlater than May 21, 2012 to determine ifa subsidy is needed to operate and maintain NAHASDA units

or ifany other changes are needed in respect to funding under the Formula 

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Current Assisted Stock component of the formula.

* 4.Add § 1000.315 toreadas follows: 

### §1000.315 Is arecipientrequired to report changes to the Formula Current Assisted Stock (FCAS) on the Formula Response Form?

(a) A recipient shallreport changes to information related to the IHBGformula

on the Formula Response Form, including corrections to the number of Formula Current Assisted Stock (FCAS], during the time period required by HUD. This time period shallbe not less than 60 days from the date ofthe HUD letter transmitting the form to the recipient.

(b) The Formula Response Form is the only mechanism that a recipient shall

use to report changes to the number of FCAS.

u 5. In §1000.316, revise paragraphs (a)(1), (a)(2), and (a)(3) andparagraph (b) to read as follows: §1000.316 How Isthe Formula Current Assisted Stock(FCAS) Component developed?

(a] * * * (1) The number oflow-rent FCAS units multiplied by the national perunit subsidy;

(2) The number ofSection 8 units whose contract has expired but had been under contract on September 30, 1997, multiplied by the FY 1996 national per unit subsidy; and

(3) The number ofMutual Help and Turnkey III FCAS units multiplied by the national per unit subsidy. (b)Modernizationallocation.(1) For Indian tribes with an Indian Housing Authority that owned oroperated 250 or
more public housing units on October 1, 1997, the modernization allocation equals the number ofLow Rent, Mutual Help, and Turnkey III FCAS units multiplied bythe national per-unit amount ofallocation for FY 1996 modernization multiplied by an adjustment factor for inflation.

(2) For Indian tribes with an Indian Housing Authority that owned or operated fewer than 250 public housing units on October 1, 1997, the modernization allocation equals the average amount offunds received under the assistance program authorized by section 14 ofthe 1937 Act (n6t including funds provided as emergency assistance) for FYs 1992 through 1997.

E 6. Add § 1000.319 to read as follows: 

### §1000.319 What 'wouldhappen Ifa recipient mlsreports'orfallstocorrect Formula Current Assisted Stock(FCAS) Information on the Formula Response Form?

(a)A recipient is responsible for verifying andreporting changes to their Formula CurrentAssisted Stock (FCAS)

on the Formula Response Formto
ensure that data used for the IHBG Formula are accurate (see § 1000.315). Reporting shallbe completed in accordance with requirements in this Subpart D andthe Formula Response Form.

(b) Ifa recipient receives an overpayment offunds because it failed to report such changes onthe Formula Response Form in atimely manner, the recipient shallbe required to repay the funds within 5 fiscal years. HUD shall subsequently distribute the funds to all Indian tribes in accordance withthe next IHBG Formula allocation.

(c) A recipient will not be provided back funding for anyunits that the recipient failed to report onthe Formula Response Form in atimely manner.

(d)HUD shallhave 3 years from the date a Formula Response Form is sent out to take action against anyrecipient that fails to correct ormake appropriate changes on that Formula Response Form. Review ofFCAS willbe accomplished by HUD as a component ofA-133 audits, routine monitoring, FCAS target monitoring, or other reviews.

U 7. Revise § 1000.326(b)to read as follows: 

### §1000.326 What Ifaformula area Is served by more than one Indian tribe?

(b)Tribal membership inthe geographic area (notto include dually enrolled tribal members) will be based

on data that all Indian tribes involved' agree to use. Suggested data sources include tribal enrollment lists, the U.S. Census, Indian Health Service User Data, and Bureau ofIndian Affairs data.

w 8. Revise 

### § 1000.328 toread as follows: §1000.328 What Isthe minimum amount that an Indian tribemay receive underthe need component ofthe formula?

(a)Subject to the eligibility criteria described inparagraph (b) ofthis section, the minimum allocation in any fiscal year to an Indian tribe under the need component ofthe IHBG Formula shall equal 0.007826 percent ofthe available appropriations for that fiscal year after set asides. 

### (b)Tobe eligible forthe minimum allocation described inparagraph (a) of this section, anIndian tribemust:

(1)Receive less than $200,000 under the FCAS component ofthe IHBG Formula for the fiscal year; and

(2)Demonstrate thepresence ofany households at orbelow 80 percent of median income.

u 9. In§ 1000.330, revise theheading and designate the existing text of paragraph (a) andadd new paragraphs (b)and (c) to read asfollows:
§1000.330 What are the data sources for the need variables?



### (b)The data forthe need variables shall be adjusted annuallybeginning the year after the need data is collected, using Indian Health Service projections basedupon birth and death rate data as provided bythe National Center for Health Statistics.

(c) Indiantribes may challenge the data described inparagraphs (a)and (b) ofthis section pursuant to § 1000.336. * 10.Revise §1000.336 toreadas follows:
§1000.336 How may an Indian tribe,TDHE, or HUD challenge data orappeal HUD formula determinations?



### (a)An Indian tribe, TDHE, orHUD may challenge data usedin the IHBG Formula and HUD formula determinations regarding:

(1)U.S. Census data; (2)Tribal enrollment; (3)Formula area; (4) Formula CurrentAssisted Stock (FCAS);

(5)Total Development Cost (TDC); (6) FairMarket Rents (FMRs); and (7)Indian Health Service projections baseduponbir:h and death rate data provided bythe National Center for Health Statistics.

(b)AnIndian tribe orTDHE may not challenge data or HUD formula determinations regarding Allowable Expense Level (AEL) andthe inflation factor.

(c)The challenge andthe collection of data and the appeal ofHUD formula determinations is an allowable cost for IHBGfunds.

(d)An Indiantribe orTDHE that seeks to appeal data ora HUD formula determination, andhas data inits possessionthat are acceptable to HUD, may submit the data andproper documentation to HUD. Dataused to challenge data contained in the U.S. Census mustmeet therequirements described in § 1000.330(a). Further, in orderfor a census challenge tobe considered for the upcoming fiscal year allocation, documentation must be submitted byMarch 30th. 20025Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Rules and Regulations

(e) HUD shall respond to all challenges or appeals notlater than 45 days after receipt and either approve or deny the validity ofsuch data or challenge to a HUD formula determination in writing, setting forth the reasons for its decision. Pursuant to HUD's action, the following shall apply:

(1) In the event HUD challenges the validity ofthe submitted data, the Indian tribe or TDHE and HUD shall attempt in good faith to resolve any discrepancies so that such data may be included inthe formula allocation.

(2) Should the Indian tribe orTDHE and HUD be unable to resolve any discrepancy within 30 calendar days of receipt ofHUD's denial, the Indian tribe

or TDHE may request reconsideration of HUD's denial in-writing. The request shall set forthjustification for reconsideration.

(3)Within 20 calendar days of receiving the request, HUD shall reconsider the Indian tribe orTDHE's submission and either affirm orreverse its initial decision in writing, setting forth HUD's reasons for the decision.

(4) Pursuant toresolution ofthe dispute: (i)

Ifthe Indian tribe or TDHE prevails, an adjustment to the Indian tribe's or TDHE's subsequent allocation for the subsequent year shall be made retroactive to include only the disputed fiscal year(s); or

(ii) IfHUD prevails, it shall issue a written decision denying the Indian tribe or TDHE's petition for reconsideration, which shall constitute final agency action.

(f) Inthe event HUD questions that the data contained in the formula does not accurately represent the Indian tribe's need, HUD shallrequest the Indian tribe to submit supporting documentation tojustify the data and to provide a commitment to.serve the population indicated inthe geographic

area. 0 11. Revise § 1000.340 toread as follows: §1000.340 What ifan Indian tribe is allocated lessfunding underthe IHBG Formula than Itreceived InFiscal Year (FY) 1996for operating subsidy and modernization?

(a)If an Indian tribe is allocated less funding under the modernization allocation ofthe formula pursuant to § 1000.316(b)(2) than the calculation of the number ofLow Rent, Mutual Help, and Turnkey I FCAS units multiplied by the national per-unit amount of allocation for FY 1996 modernization multiplied by an adjustment factor for inflation, the Indian tribe's modernization allocation is calculated under § 1000.316(b)(1). The remaining grants are adjusted to'keep the allocation within available appropriations.

(b) Ifan Indian tribe is allocated less funding under the formula than an IHA received on its behalfin FY 1996 for operating subsidy and modernization, its grant is increased to the amount received in FY 1996 for operating subsidy and modernization. The remaining grants are adjusted tokeep -theallocation within available appropriations.

m12. Revise Appendices A and B topart 1000 to read as follows:
APPENDIX A TO PART 1000-INDIAN HOUSING BLOCK GRANT FORMULA MECHANICS

This appendix shows the different components ofthe IHBG formula. The following text explains how each component ofthe IHBG formula is calculated.

1.The Indian Housing Block Grant (IHBG) formula is calculated by initially determining the amount a tribereceives forFormula CurrentAssisted Stock (FCAS) (See §§ 1000.310 and 1000.312). FCAS funding is comprised oftwo components, Operating subsidy (§1000.316(a)) and Modernization (§ 1000.316(b)).

2. The operating subsidy component is calculated based on the national per uiit subsidy (§ 1000.302 National PerUnit Subsidy) for operations for each ofthe following types ofprograms-Low Rent, Homeownership (MutualHelp and Turnkey III), and Section 8. Atribe's total count of units in each ofthe above categories is multiplied by the relevant national per unit subsidy. That amount is summed and multiplied by a local area cost adjustment factor formanagement.

3.The local area cost adjustment factor for management is called AELFMR. AELFMR is the greater ofa tribe's Allowable Expense Level (AEL) or Fair Market Rent (FMR) factor, where the AEL and FMR factors are determined by dividing each tribe's AEL and FMRby their respective national weighted average (weighted on the unadjusted allocation under FCAS operating subsidy). The adjustment made to the FCAS component ofthe IHBG formula is then the

new AELFMR factor divided by the national weighted average ofthe AELFMR (See §1000.320).

4.The Modernization component is determined usingtwo method' depending on the number ofpublic housingunits that a tribe's housing authority operated priorto NAHASDA.

(a)For Indian tribes with an Indian housing authority (IHA) that owned or operated 250 ormore public housing units on October 1, 1997, the modernization allocation equals the number of LowRent, Mutual Help, and Turnkey III FCAS units multiplied by the national per-unit amount of allocation for FY 1996 modernization multiplied by an adjustment factor for inflation (See § 1000.316(b)(1)).

(b)For Indian tribes with an IHA that owned or operated fewer than 250 units on October 1, 1997, the modernization allocation equals the average amount of funds received under the assistance program authorized by section 14 of the 1937 Act (not including funds provided as emergency assistance) for FYs 1992 through 1997 (See § 1000.316(b)(2)).

(c) The modernization amount is then multiplied times a local area cost adjustment factor for construction, the TDC. The construction adjustment factor is the TDC for the area divided by the weighted national average forTDC (weighted on the unadjusted allocation for modernization (See § 1000.320).

5. After determining the total amount allocated under FCAS for each tribe, it is summed for every tribe. The national total amount for FCAS is subtracted from the remaining available funds to determine the total amount to be allocated under the Need component ofthe IHBG formula.

6. The Need component of the HBG formula is calculated using seven factors using data from sources defined in § 1000.330 weighted as set forth in § 1000.324 as follows: 22 percent ofthe allocated funds will be allocated by a tribe's share ofthe total Native American households paying more than 50 percent of their income for housing and living inthe Indian tribe's formula area, 25 percent ofthe funds allocated underNeed will be allocated by a tribe's share ofthe total Native American households overcrowded and/or without kitchen orplumbing living in their formula
area, and so on. The current national totals for each ofthe need variables will be distributed annually by HUD with the Formula Response Form (See § 1000.332). The national totals will change as tribes update information about their formula area and data for individual areas are challenged (See §§ 1000.334 and 1000.336). The Need component is then calculated by multiplying

a tribe's share ofhousing need by a local area cost adjustment factor for construction (the TDC) (See § 1000.338).

7. Tribes that receive less than $200,000 under'the FCAS component ofthe IHBG formula and that can demonstrate the presence ofany households at orbelow 80 percent ofmedian income are guaranteed to receive no less than a specified minimum under the Needs component ofthe formula. The specified minimum amount shall equal .007826 percent ofthe available appropriations for that FY after set asides. The increase'in funding for the tribes receiving the minimum need amount is funded by a reallocation from othertribes whose needs allocation exceeds the minimum need amount. This is necessary in order to keep the total allocation within the appropriation level (See § 1000.328).

8. A tribe's preliminary grant is calculated by summing the FCAS andNeed allocations. This amount is subject to two final adjustments:

(a) Ifan Indian tribewith an IHA that owned or operated fewer than 250 units on October 1, 1997, is allocated less funding under the averaging method (§1000.316(b)(2)) than the calculation ofthe number ofLow Rent,Mutual Help, and Turnkey III FCAS multiplied by the national 20026

### Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Rules and Regulations

per-unit amount of allocation for FY 1996 modernization multiplied by an adjustment factor for inflation, the Indian tribe's modernization allocation is calculated under § 1000.316(b)(1). The grants ofall other tribes

aeproportionately adjusted to keep the allocation within available appropriations.

(b) Next, this preliminary grant is compared to how much a tribe received in FY 1996 for operating subsidy and modernization. Ifa tribe received more inFY 1996 for operating subsidy and modernization than itdoes under the IHBG formula allocation,its grant is adjusted up to the FY 1996 level (See § 1000.340(b)). Indian tribes receiving more underthe IHBG fdrmula than inFY 1996 '"pay" for the upward adjustment for the othertribes by having their own grants adjusted downward. Because many more Indian tribes have grant amounts above the FY 1996 level than those with grantsbelow the FY 1996 level, each tribe contributes very little, relative to their total grant, to fund the adjustment. Appendix B to Part 1000-IHBG Block Grant Formula Mechanisms

1.The Indian Housing Block Grant (IHBG) formula consists oftwo components, the Formula Current Assisted Stock (FCAS).and Need. Therefore, the formula allocation before-adjusting for the statutory requirement that a tribe's minimum grant will notbe less than the tribe's Fiscal Year (FY) 1996 Operating%ubsidy andModernization funding, can berepresented by: unadjGRANT =FCAS + t4EED.

2. NAHASDA requires that the FCASbe provided for before allocating funds based on need. Therefore, FCAS must be calculated first.FCAS consists oftwo components, Operating Subsidy (OPSUB) and Modernization (MOD), such that: FCAS = OPSUB +MOD.

3. OPSUB consists ofthree main parts: number ofLow-Rent units; number of Section 8 units; and number ofMutual Help and Turnkey IIIunits. Each ofthesemain parts are adjusted by the national perunit subsidy (§1000.302 National Per Unit Subsidy) and local area costs as reflected by the greater of the AELfactor or FMR factor. The AEL factor is defined in § 1000.302 as the relative difference between a local area Allowable Expense Level (AEL) and the national weighted average for AEL (NAEL). The FMR factor is also defined in § 1000.302

as the relative difference between a local area FairMarket Rent (FMR) and the national weighted average for FMR. OPSUB = [LR * LRSUB + (MH+TK) * HOSUB
+ 88 * S8SUB] *AELFMR Where: LR = number ofLow-Rent units. LRSUB = national perunit subsidy for LowRent units ($2,440*INF). MH+TK = number ofMutual Help and Turnkey III units. HOSUB = national per unit subsidyfor Homeownership units ($528*INF). S8 = number ofSection 8 units. S8SUB = national perunit subsidy for Section 8 units = ($3,625*INF). AELFMR = greater ofAEL Factor orFMR Factor weighted by national average of AELFactor and FRM Factor. AEL FACTOR =AEL/NAEL. AEL = local Allowable Expense Level. NAEL = national weighted average for AEL. FMR FACTOR = FMR/NFMR. FMR = local Fair Market Rent. NFMR = national weighted average for FMR. NAELFM = national weighted average for greater ofAEL Factor or FMR factor. Where: INF = adjustment for inflation since 1995, as determined bythe Consumer Price Index for housing. 4. The modernization component, MOD, is calculated by two different methods, depending on whether the tribe had an Indian housing authority (IHA) that owned or operated more than 250 public housing units

on October 1, 1997.

a. MOD1996 is calculated for all tribes and considers the number ofLow-Rent, and Mutual Help and Turnkey III FCAS units. Each ofthese is adjusted by the national perunitmodernization amount in 1996 adjusted for inflation. MOD1996 = [LR + MH+TK *MODPU *INF. Where: LR = number ofLow-Rent units. MH = number ofMutual-Help units. TK = number ofTurnkey III units. MODPU = national perrunit amount for modernization in 1996 ($1,974). INF = adjustment for inflation since 1995, as determined by the Consumer Price Index for housing. b. MODAVG is calculated only for tribes that had an IHA that owned or operated fewer than 250 public housingunits on October 1, 1997, as the annual average amount theyreceived for FYs 1992 through 1997 under the assistance program authorized by section 14 ofthe 1937 Act (not including emergency assistance). MODAVG =Average (FY 1992 to FY 1997) amount received by Section 14 ofthe 1937 Act.

c. For Indian tribes with an IHA that owned oroperated 250 or more public housing units on October 1, 1997, the modernization calculation is based on MOD1996, adjusted for local areacosts: MOD = MOD1996* TDC/NTDC. Where: TDC = Local Total Development Costs defined in § 1000.302. NTDC = weighted national average forTDC oftribes with CAS. d. For Indian tribeswith an IHA that owned or operated fewer than 250 units on October 1, 1997, the modernization calculation is basedon MODAVG, adjusted for local area costs. MOD = MODAVG* TDC/NTDC.

5. Now that calculation for FCAS is complete, funds available for allocation using the Need component ofthe formula can be determined: NEED FUNDS = APPROPRIATION

- NATCAS. Where: APPROPRIATION = dollars provided for distribution through the IHBGformula. NATCAS =National summation ofFCAS allocation for all tribes. 6. Two iterations are necessary to compute the final Need allocation. The first iteration consists ofseven weighted criteria that allocate need funds based on atribe's population and housing data. This allocation is then adjusted for local area cost differences based on TDC relative to the national weighted average. This can be represented by: NEED1 = [(0.11 *PER/ NPER) + (0.13 * HHLE30 / NHHLE30) + (0.07 *HH30T50 / NHH30T50) + (0.07 * HH50T80 / -NHH5OT80) + (0.25 * OCRPR /NOCRPR)

+ (0.22 * SCBTOT/ NSCBTOT) + (0.15
* HOUSHOR / NHOUSHOR)] * NEED FUNDS * (TDC/NATDC). Where: PER = American Indian and Alaskan Native (AIAN) persons. NPER = national total ofPER. HHLE30 = AIAN households less than 30% ofmedian income. NHHLE30 = national total ofHHLE30. HH30T50 = ALANhouseholds 30% to 50% ofmedian income. NHH30T50 = national total ofHH30T50. HH50T80 =ALAN households 50% to 80% ofmedian income. NHH50T80 = national total ofHH50T80. OCRPR = AIAN households crowded or without complete kitchen orplumbing. NOCRPR = national total ofOCRPR. SCBTOT =ALAN households paying more than 50% oftheir income for housing. NSCBTOT = national total SCBTOT. HOUSHOR = ALAN households with an annual income less than or equal to 80% offormula median income reduced by the combination ofcurrent assisted stock and units developed under NAHASDA. NHOUSHOR = national total ofHOUSHOR. TDC =Local Total Development Costs defined in § 1000.302. NATDC = weighted national average for TDC oftribes with need. 7. The second iteration in computing the Need allocation consists of adjusting the Need allocation computed above to take into account the minimum needs provision. Tribes that receive less than $200,000 under the FCAScomponent ofthe IHBG formula and that can demonstrate the presence ofany households at orbelow 80 percent ofmedian income areguaranteed to receive no less than

a specified minimum amount underthe Needs component ofthe formula. The specified minimum amount shall equal .007826 percent ofthe available appropriations for that fiscal year after set asides. MINFUNDING = APPROPRIATION* .00007826 Ifinthe firstNeed computation, a qualified tribe is allocated less than the minimum Needs funding level, its Need allocation will go up. Other tribes whose Needs allocations

aregreater than the minimum needs amount will have their allocations adjusted downward to keep the total allocation within available funds: 

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### Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Rules and Regulations

IfNEED1 < MINFUNDING and FCAS < $200,000 and (HHLE30 + HH30T50 + HH50T80) > 0, then NEED 2 = MINFUNDING. IfNEED1 > = MINFUNDING, then NEED2 = NEED1

- {UNDERMIN$ * [(NEED1

- MINFUNDING) / OVERMIN$]}. Where: MINFUNDING = minimum needs amount UNDERMIN$ = for all tribes qualifying for an increase under the minimum needs provision, sum ofthe differences between MINFUNDING and NEED1. OVERMIN$ = for all tribes with needs allocations larger than the minimum needs amount, the sum ofthe difference between NEED1 and MINFUNDING. 8. The next step is to compute a preliminary unadjusted grant allocation (unadjGRANT) that will serve as the basis for further adjustments called for in § 1000.340. unadjGRANT = FCAS +NEED, where both FCAS and NEED are calculated above. 9. As required by §1000.340(a), ifan Indian tribe with an IHA thatowned or operated fewer than 250units on October 1, 1997, is allocated less funding under the averaging method (§ 1000.316(b)(2)) than the calculation ofthe number of Low-Rent, Mutual Help, and Turnkey III FCAS is multiplied by the national per-unit amount of allocation for FY 1996 modernization multiplied by an adjustment factor for inflation, then, the Indian tribe's modernization allocation is calculated under § 1000.316(b)(1). The grants ofall other tribes

are proportionately adjusted to keep the allocation within available appropriations. If MODAVG <MOD1996, then GRANT1 = unadjGRANT + (MOD1996*(TDC/NTDC))

- (MODAVG* (TDC/NTDC)). Otherwise, GRANT1 = unadjGRANT

- [UNDERMOD$ * (unadjGRANT/ OVERMODGRANT$)] Where: UNDERMOD$ = for all tribes qualifying for

an increase to modernization, the sum of the differences between local cost adjusted MOD1996 and local cost adjusted MODAVG. OVERMODGRANT$ = for all tribes not qualifying for an increase to modernization, the sum oftheir unadjusted grant amounts. 10. Ascalled for in §1000.340(b), a final adjustment occurs to ensure that no tribe is allocated less funding under the formula than

an IHA received on its behalfin FY 1996 for operating subsidy and modernization. Indian tribes receiving more under the IHBG formula than inFY 1996 "pay" for the upwbrd adjustmentfor the other tribesby having their grants adjusted downward, so long as the adjustment does not reduce their grantbelow the minimum funding amount. Let TEST = GRANT1

- OPMOD96. IfTEST is less than 0, then GRANT2 = OPMOD96. IfTEST is greater than 0 and GRANT1 > MINFUNDING, then GRANT2 = GRANT1

- [UNDER1996 * (TEST/ OVER1996)]. Where: OPMOD96 = funding received by tribe inFY 1996 for Operating Subsidy and Modernization. UNDER1996 = for all tribes with TEST less than 0, sum ofthe absolute value of TEST. OVER1996 = for all tribes with TEST greater than 0, sum ofTEST. GRANT2 is the approximate grant amount in any given year for any given tribe.
Dated: April 12, 2007. Paula 0. Blunt, General Deputy AssistantSecretary forPublic and IndianHousing. [FR Doc. E7-7470 Filed 4-19-07; 8:45 am]

BILLING CODE 4210-67-P 

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Vol. 72, No. 76 Friday, April 20, 2007

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FEDERAL REGISTER PAGES AND DATE, APRIL

15597-1 5804

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.................... 20 CFR PARTS AFFECTED DURING APRIL

At the end of'ach month, the Office ofthe Federal Register publishes separately a List of CFR Sections Affected (LSA), which lists parts and sections affected by documents published since the revision date ofeach title.
2 CFR 1880

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3 CFR AdministrativeOrders: Presidential

Determinations: No. 2007-16 ofApril

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2, 2005 (See Memo. of April 10, 2007)

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December 16, 2005 (See Memo. of April 10, 2007)

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........... 17441,18136,18412, 18597,18923 33
......................... 18136,18148 35
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........... 15633,15635,15850, 16287, 16289,16741,16744, 16747,16749,17042,17045, .17443,18155,18413,18415, 18598,18600,18925,19818, 19823,19826 61
..................................... 18092 65
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.......... 15852,16752,17065 147
................................... 18929 165
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................................... 17748 300
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................ 18179
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... ............. .....

18128 21

......................... 16962,19383 39 CFR
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..................................... 16604 111
................................... 18388 Proposed Rules: 111
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........... 15839,18389,18391, 18394,19383,19801 62

..................................... 17025 63

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..................................... 19804 174
................................... 16277 180
....................... 16281,18128 261
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........... 17461,18426,18427, 18428,18434,18602, 19144, 19413, 19424,19435, 19828, 19829,19834 62

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.............................. 17410 Proposed Rules: 102-38

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405
................................... 18909 410
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..................................... 18192

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..................................... 18587 67

......................... 17413,17426 Proposed Rules: 67

......................... 17463,19838
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501
................................... 15613
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......................... 16283,19387 90

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..................................... 19448
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................................... 19668 752
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.......... 15617,18134,18593 648
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....................... 18616,19854 300
................................... 17071 635
................................... 16318 648
......... 17076,17085,18193, 18937,18940 660
.......... 17469,19453,19862 679
....................... 18943,19454

### iv Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Reader Aids

REMINDERS The items in this list were editorially compiled as an aid to Federal Register users. Inclusion or exclusion from this list has no legal significance.

RULES GOING INTO EFFECT APRIL 20, 2007

HEALTH AND HUMAN SERVICES DEPARTMENT Food and Drug Administration Animal drugs, feeds, and

related products: Clindamycin solution,

published 4-20-07 INTERIOR DEPARTMENT Fish and Wildlife Service Endangered and threatened.

species: Critical habitat

designationsSpikedace and loach

minnow; published 3-21- 07 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Grants, other financial

assistance, and nonprocurement agreements: Nonprocurement debarment

and suspension; OMB guidance; published 4-20- 07 TRANSPORTATION DEPARTMENT Federal Aviation Administration Airworthiness directives:

Airbus; published 3-16-07 B-N Group Ltd.; published

3-16-07 EADS SOCATA; published

3-16-07 Gulfstream; published 4-5-07

RULES GOING INTO EFFECT APRIL 21, 2007

COMMERCE DEPARTMENT National Oceanic and Atmospheric Administration Marine mammals:

Commercial fishing

authorizationsAtlantic Large Whale Take

Reduction Plan; published 4-19-07 HOMELAND SECURITY DEPARTMENT Coast Guard Drawbridge operations: California; published 3-6-07 Ports and waterways safety;

regulated navigation areas, safety zones, security zones, etc.: Wallops Island, VA;

published 4-16-07 Regattas and marine parades:

St. Mary's Seahawk Sprint;

published 3-19-07 Virginia State Hydroplane o

Championship; published 4-11-07

COMMENTS DUE NEXT WEEK

AGRICULTURE
DEPARTMENT Food Safety and Inspection Service Meat and poultry inspection:

Poultry product exportation

to United States; eligible countries; additionChile; comments due by

4-27-07; published 2-26-" 07 [FR E7-03155] COMMERCE DEPARTMENT National Oceanic and Atmospheric Administration Fishery conservation and

management: West Coast States and

Western PacificfisheriesCoastal pelagic species;

comments due by 4-27- 07; published 2-26-07 [FR E7-03247] Pacific Coast groundfish;

comments due by 4-24- 07; published 4-9-07 [FR E7-06643] International fishing

regulations: Pacific halibutGuided sport charter

-vessel fishing; harvest restrictions; comments due by 4-23-07; published 4-6-07 [FR E7-06422] COMMODITY FUTURES TRADING COMMISSION Commodity Exchange Act:

Designated contract

markets; conflicts of interest in self regulation and self-regulatory organizations; acceptable practices; comments due by 4-25-07; published 3- 26-07 [FR E7-05468] ENVIRONMENTAL PROTECTION AGENCY Air quality implementation

plans; approval and promulgation; various States; air quality planning purposes; designation of
areas: Arizona; comments due by

4-27-07; published 3-28- 07 [FR E7-05663] Air quality implementation

plans; approval and promulgation; various States: Arizona and California;

comments due by 4-23- 07; published 3-23-07 [FR E7-05357] Illinois; comments due by 4-

23-07; published 3-23-07 [FR E7-05360] Wisconsin; public hearings;

comments due by 4-27- 07; published 2-23-07 [FR 07-00826] Hazardous waste program

authorizations: New York; comments due

by 4-25-07; published 3- 26-07 [FR 07-01454] Pesticides; tolerances in food,

animal feeds, and raw agricultural commodities: Pesticide treated food

packaging; comments due by 4-23-07; published 4-6- 07 [FR E7-06349]

FEDERAL COMMUNICATIONS COMMISSION Practice and procedure:

Antenna structures;

construction, marking, andlightingCommunications towers

effect on migratory birds; comments due by 4-23-07; published 1-26- 07 [FR E7-01190] Radio stations; tablei of

assignments: Oregon; comments due by

4-23-07; published 3-21- 07 [FR E7-05073] HEALTH AND HUMAN SERVICES DEPARTMENT Food and Drug Administration Food for human consumption:

Food labelingGluten-free; voluntary

nutrition labeling; comments due by 4-23- 07; published 1-23-07 [FR E7-00843] Health claims; soluble

fiber from certain foods and risk of coronary heart disease; comments due by 4-23- 07; published 2-6-07 [FR E7-01849] HOMELAND SECURITY DEPARTMENT Coast Guard Great Lakes pilotage

regulations: Rate adjustments; comments due by 4-24- 07; published 2-23-07 [FR E7-03061] Transportation Worker

Identification Credential Program; maritime sector implementation: Merchant mariner

qualification credentials consolidation; comments due by 4-25-07; published 1-25-07 [FR 07-00018] INTERIOR DEPARTMENT Land Management Bureau Minerals management:

Mining claims under general

mining laws; surface management; comments due by 4-24-07; published 2-23-07 [FR E7-03077] INTERIOR DEPARTMENT Fish.and Wildlife Service Endangered and threatened

species: Findings on petitions, etc.-

Utah Prairie Dog;

reclassification and 5- year review; comments due by 4-23-07; published 2-21-07 [FR E7-02834] Virginia northern flying

squirrel; delisting; comments due by 4-23- 07; published 2-21-07 [FR 07-00787] Correction; comments due * by 4-23-07; published

3-6-07 [FR 07-00855] Migratory bird permits:

Resident Canada goose

populations; management; comments due by 4-23- 07; published 3-22-07 [FR E7-05199] JUSTICE DEPARTMENT Executive Office for Immigration Review Immigration:

Jurisdiction and venue in

removal proceedings; comments due by 4-27- 07; published 3-28-07 [FR E7-05629] NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Public availability and use:

Reproduction services; fee

schedule; comments due by 4-27-07; published 2- 26-07 [FR E7-03160] NUCLEAR REGULATORY COMMISSION Nuclear Materials Management

and Safeguards System; regulatory improvements; comments due by 4-23-07; published 2-6-07 [FR E7- 01867]

### Federal Register

### / Vol. 72, No. 76/Friday, April 20, 2007/Reader Aids v

PENSION BENEFIT GUARANTY CORPORATION Premium payments:

Distress and involuntary

plan terminations; flat premium rates, variablerate premium cap, and termination premium; comments due by 4-23- 07; published 2-20-07 [FR E7-02812] POSTAL SERVICE Domestic Mail Manual:

Periodicals mailing services;

new standards; comments due by 4-25-07; published 4-11-07 [FR 07-01796] TRANSPORTATION DEPARTMENT Individuals with disabilities:

Passenger vessels;

accessibility guidelines; comments due by 4-23- 07; published 1-23-07 [FR E7-00362] TRANSPORTATION
DEPARTMENT Federal Aviation Administration Airworthiness directives:

Airbus; comments due by 4-

23-07; published 3-29-07 [FR E7-05666] APEX Aircraft; comments

due by 4-23-07; published 3-23-07 [FR E7-05226]

BAE Systems (Operations)

Ltd.; comments due by 4- 27-07; published 3-28-07 [FR E7-05650] Boeing; comments due by 4-24-07; published 3-30- 07 [FR E7-05928] Empresa Brasileira de

Aeronautica S.A. (EMBRAER); comments due by 4-24-07; published 3-30-07 [FR E7-05911] Superior Air Parts, Inc.;

comments due by 4-24- 07; published 2-23-07 [FR E7-02985] Viking Air Ltd.; comments

due by 4-23-07; published 3-22-07 [FR E7-05215] Airworthiness standards:

Special conditionsBoeing Model 787-8

airplane; comments due by 4-26-07; published 3-12-07 [FR E7-04306] Class E airspace; comments

due by 4-26-07; published 3-12-07 [FR 07-01127] Offshore airspace areas;

comments due by 4-27-07; published 3-13-07 [FR E7- 04466] TRANSPORTATION
DEPARTMENT Federal Transit Administration National transit database

uniform system of accounts and reporting system: Nonurbanized area formula

grants recipients; reporting and recordkeeping requirements; comments due by 4-25-07; published 3-26-07 [FR E7-05417] TREASURY DEPARTMENT Internal Revenue Service Income taxes:

Unified rule for loss on

subsidiary stock; comments due by 4-23- 07; published 1-23-07 [FR 07-00187] TREASURY DEPARTMENT Thrift Supervision Office Savings and loan holding

companies: Permissible activities;

comments due by 4-26- 07; published 3-27-07 [FR E7-05453] TREASURY DEPARTMENT Alcohol and Tobacco Tax and Trade Bureau Alcohol; viticultural area

designations: Paso Robles Westside, San

Luis Obispo County, CA; comments due by 4-24- 07; published 3-23-07 [FR E7-05353]

LIST OF PUBLIC LAWS

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S. 494/P.L. 110-17 NATO Freedom Consolidation Act of 2007 (Apr. 9, 2007; 121 Stat. 73) Last List March 30, 2007

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