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

I. Self-Regulatory Organization's

Statement of the Terms of Substance 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 on April 2,

2007.

The text of the 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 of the order execution and

routing services of the Nasdaq Market

Center by members for all securities that

it trades.

FEES FOR ORDER EXECUTION IN THE NASDAQ MARKET CENTER; FEES FOR ROUTING OF ORDERS IN ALL 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.

O ther m em bers .......................................................... ......................

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 by the specialist.

Credit to member providing liquidity through the Nasdaq Market Center:

Members with an average daily volume through the Nasdaq Market Center in all securities during the month of more than 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.

O ther m em bers .................................................................................

$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.

$0.0035 per share executed for a Directed Intermarket S'weep Order

for securities priced at $1 or more per 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 priced at $1 or more per share.

$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.

5 Changes are marked to the rule text that appears nasdaq.complinet.com, as amended by Securities FR 17969 (April 10, 2007) (SR-NASDAQ-2007-

in the electronic Nasdaq Manual found at http:// Exchange Act Release No. 55576 (April 3, 2007), 72 026), on an immediately effective basis.

20003
Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Notices

II. Self-Regulatory Organization's

Statement of the Purpose of, and

Statutory Basis 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 of these 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 the most significant

aspects of such statbments.

A. Self-Regulatory Organization's

Statement of the Purpose of, and

Statutory Basis for, the Proposed 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, in which case

the fee is 0.3% of the 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 routing to

another exechange without first checking

the Nasdaq book. By designating a

Directed Order as an Intermarket Sweep

Order, the market participant entering

the order represents that it is complying

with the requirements of Regulation

NMS Rules 610 and 611. 7 Because these

orders bypass the Nasdaq book, and

because Nasdaq will incur costs for

post-trade surveillance of members'

compliance with these rules, Nasdaq

believes that an increased routing fee of

$0.0035 is warranted.

2. Statutory Basis

Nasdaq believes that the proposed

rule change is consistent with the

provisions of Section 6 of the Act,8 in

general, and with Section 6(b)(4) of the

Act,9 in particular, in that it provides for

the equitable allocation of reasonable

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 of their special

characteristics.

6 See Securities Exchange Act Release No. 55405

(March 6, 2007), 72 FR 1$069 (March 12, 2007).

717 CFR 242.610 and 242.611.

8 15 U.S.C. 78f.

915 U.S.C. 78f(6)(4).

B. Self-Regulatory Organization's

Statement on Burden on Competition

Nasdaq does not believe that the

proposed rule change will result in any

burden on competition that is not

necessary or appropriate in furtherance

of the purposes of the Act.

C. Self-Regulatory Organization's

Statement on Comments on the

Proposed Rule Change Received From

Members, Participants, or Others

Written comments were neither

solicited nor received.

IH. Date of Effectiveness of the

Proposed Rule Change and Timing for

Commission Action

The foregoing rule change has become

effective pursuant to Section

19(b)(3)(A)(ii) of the Act 1

0 and

subparagraph (f)(2) of Rule 19b-4

thereunder because it establishes or

changes a due, fee, or other charge.1 ' At

any time within 60 days of the filing of

the proposed rule change, the

Commission may summarily abrogate

such rule change if it appears to the

Commission that such action is

necessary or appropriate in the public

interest, for the protection of investors,

or otherwise in furtherance of the

purposes of the Act.

IV. Solicitation of Comments

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:

Electronic Comments

* Use the Commission's Internet

comment form'(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. -

Paper Comments:.

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 on the

subject line if e-mail is used. To help the

Commission process and review your

comments more efficiently, please use

only one method. The Commission will

post all comments on the Commission's

1015 U.S.C. 78s(b)(3)(A)[ii).

11 17 C FR 240.19b-4(f0(2).

Internet Web site (http://www.sec.gov

rules/sro.shtml). Copies of the

submission, all subsequent

amendments, all written statements

with respect to the proposed rule

change that are filed with the

Commission, and all written

communications relating to the

proposed rule change between the

Commission and any person, other than

those that may be withheld from the

public in accordance with the

provisions of 5 U.S.C. 552, will be

available for inspection and copying in

the Commission's Public Reference

Room. Copies of such filing also will be

available for inspection and copying at

the principal offices of the Exchange.

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-2007-036 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,

Deputy Secretary.

[FR Doc. E7-7485 Filed 4-19-07; 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

Filing and Immediate Effectiveness of

Proposed Rule Change Relating to

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") 1 and 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) of the Act 3

and Rule 19b-4(fl(2) thereunder,4 which

1217 CFR 200.30-3(a)(12).

1 15 U.S.C. 78s(b)(1).

2 17 CFR 240.19b-4.

315 U.S.C. 78s(b)(3(A). 4 17 CFR 240.1911-4{f}(2).

20004
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 of the Terms of Substance of

the Proposed 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 of the 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

shall be assessed a $500.00 fee if the

MORC upholds the decision of the

Nasdaq officer. In addition, in instances

where Nasdaq, on behalf of a member,

requests a determination by another

market center that a transaction fs

clearly erroneous, Nasdaq will pass any

resulting charges through to the relevant

member.

(d) No change. -

II. Self-Regulatory Organization's

Statement of the Purpose of, and

Statutory Basis 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 of these 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 the most significant

aspects of such statements.

A. Self-Regulatory Organization's

Statement of the Purpose of, and

Statutory Basis for, the Proposed Rule

Change

1. Purpose

Nasdaq recently amended Rule 11890,

which covers the breaking of trades

determined to be clearly erroneous, to

add a new 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 the rule text that appears

in the electronic manual of Nasdaq found at http://

nasdaq.complinet.com.

sentence to the rule to provide that in

instances where Nasdaq, on behalf of 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. Thb proposed change

reflects the fact that NYSE Arca recently

adopted a similar $500 appellate fee,

and other market centers may follow

suit.6

If a Nasdaq member enters an order

into Nasdaq that is routed to NYSE Arca

and executed there, the Nasdaq member

may not have standing to file under

NYSE Arca rules to seek a

determination that the execution was

clearly erroneous if it 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 petition under

NYSE Arca rules if the Nasdaq member

requests. If an appeal is unsuccessful,

Nasdaq will be charged under NYSE

Arca rules. Accordingly, Nasdaq

proposes to pass the charge through, on

a dollar-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 of Section 6 of the Act, 7 in

general, and with Section 6(b)(4) of the

Act," in particular, in that the provides

for the equitable allocation of reasonable

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

Statement on Burden on Competition

Nasdaq does not believe that the

proposed rule change will result in any

burden on competition that is not

necessary or appropriate in furtherance

of the purposes of the Act.

C. Self-Regulatory Organization's

Statement on Comments on the

Proposed Rule Change Received From

Members, Participants or Others

Written comments were neither

solicited nor received.

e Securities Exchange Act 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 of the

Proposed Rule Change and Timing for

Commission Action

The foregoing rule change has become

effective pursuant to Section

19(b)(3)(A)(ii) of the Act 9 and

subparagraph (f)(2) of Rule 19b-4

thereunder.1o At any time within 60

days of the filing of the proposed rule

change, the Commission may summarily

abrogate such rule change if it appears

to the Commission that such action is

necessary or appropriate in the public

interest, for the protection of investors,

or otherwise in furtherance of the

purposes of the Act.

IV. Solicitation of Comments

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:

Electronic Comments

9 Use the 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 on the

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 should refer to File

Number SR-NASDAQ-2007-041. This

file number should be included on the

subject line if e-mail-is used. To help the

Commission process and review your

comments more efficiently, please use

only one method. The Commission will

post all comments on the Commission's

Internet Web site (http://www.sec.govrules/sro.shtml). Copies of the

submission, all subsequent

amendments, all written statements

with respect to the proposed rule

change that are filed with the

Commission, and all written

communications relating to the

proposed rule change between the

Commission and any person, other than

those that may be withheld from the

public in accordance with the

provisions of 5 U.S.C. 552, will be

available for inspection and copying in

the Commission's Public Reference

Room. Copies of such filing also will be

a 1 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 of Nasdaq.

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 or before May

11, 2007.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority."

Florence E. Harmon,

Deputy Secretary.

[FR Doc. E7-7487 Filed 4-19-07; 8:45 am]

BILLING CODE 8010-01-P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2007-14]

Petitions for Exemption; Summary of

Petitions Received

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of petitions for

exemption received.

SUMMARY: This notice contains a

summary of a certain petition seeking

relief from specified requirements of 14

CFR. The purpose of this notice is to

improve the public's awareness of, and

participation in, this aspect of FAA's

regulatory activities. Neither publication

of this notice nor the inclusion of

omission of information 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 at the

beginning of your comments. If you

wish to receive confirmation that the

FAA received your comments, include a

self-addressed, stamped postcard.

You may 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 the Dockets

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

of the NASSIF Building at the

Department of Transportation at the

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

of Rulemaking (ARM-l), Federal

Aviation Administration, 800

Independence Avenue, SW.,

Washington, DC 20591-3356 or Tyneka

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 in Washington, DC., on April 5,

2007.

Pamela Hamilton-Powell,

Director, Office of Rulemaking.

Petitions for Exemption

Docket No.: FAA-2007-27705.

Petitioner: CareFlite.

Section of 14 CFR Affected: 14 CFR

43(h)(i).

Description of Relief Sought: 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.

[FR Dec. 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 for Comments 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 of a new information

collection. We published a Federal

Register Notice with a 60-day public

comment period on this information

collection on February 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 of Management 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 of the

estimated burden; (3) ways for the

FHWA to enhance the quality,

usefulness, and clarity of the collected

information; and (4) ways that the

burdencould be minimized, including

the use of electronic technology,

without reducing the quality of the

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: A Legacy 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 of two 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 of both "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 of access (or

lack thereof)?

e How are the economic forces acting

on the rural areas affecting the manner,

and length of trips in the rural

Northeast?

* How are demographics going to

change and/or influence the demands

made on the transportation system?

20006
Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Notices

* What would be the transportation

implications of different settlement

patterns?

Respondents: Approximately 800

respondents for survey 1 and 600

respondents for survey 2.

Frequency: One time.

Estimated Average Burden per

Response: 30 minutes per survey.

Estimated Total Burden Hours:

Approximate one time burden of 700

hours.

Electronic Access: 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 and help.

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.

[FR Doc. 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 this notice 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 by May

21, 2007.

ADDRESSES: You may send comments,

within 30 days, to the Office of

Information and Regulatory Affairs,

Office of Management 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 of the estimated

burden; (3) ways for the FHWA to

enhance the quality, usefulness, and

clarity of the collected information; and

(4) ways that the burden could be

minimized, including the use of

electronic technology, without reducing

the quality of the collected information.

All comments should include the

Docket Number FHWA-2007-27950.

FOR FURTHER INFORMATION CONTACT: Bob

Bini, 202-366-6799, or Cynthia Hatley,

202-493-0426, Office of Federal 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 of Transportation

and the Secretary of each appropriate

Federal land management agency to

develop, to the extent appropriate,

safety, bridge, pavement, and congestion

management systems for roads funded

under the Federal Lands Highway

Program (FLHP). A management system

is a process for collecting, 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 of Indian 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 for the

development of transportation 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

Park Roads 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 of Safety, 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 for the 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 of the 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 over that

time period. The management systems

vary in complexity among the four

agencies and reflect differences in the

characteristics of the transportation

systems involved such as size,

ownership, and eligibility for inclusion

in the program. These variations result

in differences among the agencies in the

expected number of respondents to the

information collection, and in the

anticipated time necessary tb respond to

the information collection.

Typical information that might be

collected for the management systems

includes:

* Traffic information including

volumes, speeds, and vehicle

classification;

. Pavement features such as number

of lanes, 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

of the bridge elements sufficient to

describe the nature, extent, and severity

of deterioration;

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 of service or travel delay.

Respondents to the information

collection might be collecting and

submitting information in one or more

of these categories for the portion of

their transportation system' that is

covered under the FLHP. For example,

this might include the collection and

submission of information for State or

county-owned roads tlat are Forest

Highways, or Indian Reservation Roads

20007
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 of their 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 of respondents for the

management systems for each of the

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 and 40 MPOs, regional

transportation planning agencies,

counties, local or tribal governments.

The FS management system consists of

85 respondents. The breakdown is 35

States and 50 MPOs, regional

transportation planning agencies,

counties, local or tribal governments.

Frequency: Annual.

Estimated Average Annual Burden

per Response:

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.

Estimated Total Annual Burden

Hours: Total estimated average annual

burden is 14,700 hours.

Issued on: April 17, 2007.

James R. Kabel,

Chief, Management Programs and Analysis

Division.

[FR Doc. 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 of Transportation

(DOT).

ACTION: Notice of availability of study

and request for comments.

SUMMARY: This notice announces the

availability of PHMSA's study titled "Burial of Submerged Pipelines", which

addresses the hazards to navigation

from offshore submerged pipelines.

PHMSA requests comments on the

study to assist in evaluating the need for

further analysis due to anticipated

changes in the 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 of the following:

* DOT Web site: http://dms.dot.gov.

To submit comments on the 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 of Transportation, 400

Seventh Street, SW, Nassif Building,

Room PL-401, Washington, DC 20590-:

0001.

* Hand Delivery: DOT Docket

Management System; Room PL-401 on

the plaza level of the Nassif Building,

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

Federal Register notice issued by any

agency.

Instructions: Identify the docket

number, PHMSA-97-3001, at the

beginning of your comments. If you mail

your comments, send two copies. If you

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.gov by performing a

simple search for the docket number.

Note: PHMSA posts all commenIs without

changes or edits to http://dms.dot.gov,

including any personal information

provided.

Privacy Act

Anyone can search the electronic

form for comments received in response

to any of our dockets by the name of the

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 in the

Federal Register on April 11, 2000 (65

FR 19477), and on the Web at http://

dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Joy

Kadnar at (202) 366-0568, or by e-mail

at joy.kadna@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

In July 1987, a fishing vessel struck

and ruptured an eight-inch natural gas

liquid pipeline in the Gulf of Mexico.

The resulting explosion killed two

crewmembers. In October 1989, a

similar accident occurred in the 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 of submerged pipelines.

After completing extensive research,

PHMSA developed a risk management

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 Gulf of

Mexico that pose a hazard to navigation

(69 FR 48400; August 17, 2004).

The NTSB expressed concern that the

2004 final rule did not address offshore

submerged pipelines outside the Gulf of

Mexico, and requested that PHMSA

further study these submerged

pipelines. PHMSA recently completed

the study to address the NTSB's

concern. The study found that since

20008
Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Notices

1990 there have been 58 reported

instances of a vessel or its equipment

striking a submerged pipeline offshore,

and 64 reported instances where a

submerged pipeline was either

uncovered or presented a hazard to

navigation. No incidents were found

outside of the Gulf of Mexico.

The study addresses the impact of

pipeline depth of burial and vessels in

waters less than 15 feet of depth.

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 of LNG

lines. PHMSA provides FERC with

findings from our safety analysis for

consideration of conditional terms for

granting permits. Therefore, PHMSA has

the ability to get safety concerns

addressed through FERC by adding

them as conditions of a permit. In

addition, climate change may adversely

affect offshore pipeline infrastructure by

causing shifts in weather patterns, water

depth or vessel traffic. PHMSA requests

comments on the study to assist in

evaluating the need for further analysis

due to these anticipated changes in the

offshore environment.

Authority: 49 U.S.C. 60102, 60115.

Issued in Washington, DC on April 16,

2007.

Joy Kadnar,

Acting Associate A dministrator for Pipeline

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 of exemption to continue

in control of Rock 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 of the exemption (30 days

after the exemption was filed).

This transaction is related to the

concurrently filed notice of exemption

in STB Finance Docket No. 35016, Rock

River Railroad, Inc.-Acquisition and

Operation ExemptionRail Lines of

Renew Energy, LLC. In that proceeding,

RRR seeks to acquire and operate

approximately 2,100 feet of rail line,

located within the plant site of Renew

Energy, LLC (RE), in Jefferson, Jefferson

County, WI (the line). RRR will provide

common carrier rail operations over the

line and interchange with Union Pacific

Railroad Company.

Applicant is a noncarrier and

currently controls Rail & Transload, Inc.

(R&T), a Class III rail carrier.

Applicant states that: (1) The rail

properties operated by R&T and those to

be operated by RRR do not connect with

each other or any railroads in their

corporate family; (2) the continuance in

control is not part of a series of

anticipated transactions that would

connect the rail lines of R&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. See 49 CFR

1180.2(d)(2). The purpose of this

transaction is to allow applicant to

continue in control of RRR 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 a rail carrier of its statutory

obligation to protect the interests of its

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 of the carriers involved are

Class III carriers.

If the verified notice contains false or

misleading information, the exemption

is void ab initio. 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 of all

pleadings, referring to STB Finance

Docket No. 35017, must be filed with

the Surface Transportation Board, .395 E

Street, SW., Washington, DC 20423-

0001. In addition, one copy of each

pleading must be 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 of Proceedings.

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

of rail line, located within the plant site

of RE, in Jefferson, Jefferson County, WI

(the line).1

This transaction is related to the

concurrently filed notice of exemption

in STB Finance Docket No. 35017, Mark

K. Smith-Continuance in Control

Exemption-Rock River Railroad, Inc.,

wherein Mark K. Smith seeks to

continue in control of RRR upon its

becoming a Class III rail carrier.

RRR states that the line connects with

Union Pacific Railroad Company at both

of its termini. RRR further states that,

although the line has been owned and

operated by- RE as private 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 a line of railroad

for which 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 of the 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 of the exemption (30 days

after the exemption was filed).

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to revoke the

exemption under 49 U.S.C. 10502(d)

may be filed at any time. The filing of

'According to RRR, the line does not have

mileposts..

2.See Effingham RR Co.-Pet. For Decla~atory

Order, 2 S.T.B. 606 (1997), aff'd sub nom., United

Transp. Union v. Surface Transp. Bd., 183 F.3d 606

(7 Cir. 1999); see also Bulkmatic Railroad

Corporation-Aequisition & Operation

Exemption-Bulkmatic Transport Company, STB

Finance Docket No. 34145 (STB served Nov. 19,

2002).

20009
Federal 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 of all

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 of each

pleading must be 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 of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 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 a verified

notice of exemption under 49 CFR

1150.41 to lease from BNSF Railway -

Company (BNSF) and operate

approximately 14.66 miles of rail lines

located in BNSF's Bedford Yard and the

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 of Track Number

1606, and Track Number 1606 starting

on the west end from the clearance

point of the 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 Yard via the ASB Bridge, in

North Kansas City.

KRR certifies that its projected annual

revenues as a result of this transaction

will not result in the creation of a Class

'The original notice did not include "operation"

in the title. Because it is clear that KRR will also

become the operator of the leased lines, the title has

been revised accordingly.

II or Class I rail carrier and will not

exceed $5 million.

The earliest this transaction may be

consummated is the May 6, 2007

effective date of the exemption (30 days

after the exemption was filed).

If the verified notice contains false or

misleading information, the exemption

is void ab initio. 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.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 35015, must be filed with

the Surface Transportation Board, 395 E.

Street, SW., Washington, DC 20423-

0001. In addition, a copy of each

pleading must be served on 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, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. E7-7544 Filed 4-19-07; 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

BNSF Railway Company (BNSF) has

filed a notice of exemption under 49

CFR 1152 Subpart F-Exempt

Abandonments to abandon

approximately 1.05 miles of rail line,

extending between milepost 13.97 and

milepost 15.02, near Centralia, in

Clinton and Marion Counties, IL. 1 The,

line traverses United States Postal

Service Zip Code 62801.

BNSF has certified that: (1) No local

traffic has moved over the line for at

least 2 years; (2) any overhead traffic on

the line will be rerouted; (3) no formal

complaint filed by a user of rail service

on the line (or by a state or local

government entity acting on behalf of

In a letter filed on April 5, 2007, BNSF clarifies

that its use of MN in the headings of the notice is

a clerical error, and that MN should be replaced

with IL in the headings, as is consistent with the

use of IL or Illinois in the text of the notice and

newspaper publication.

such user) regarding cessation of service

over the line either is pending with the

Surface Transportation Board or with

any U.S. District Court or has been

decided in favor of complainant 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

Oregon Short Line R. 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 of financial

assistance (OFA) has been received, this

exemption will be effective 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 banking requests under 49

CFR 1152.29 must be filed by April 30,

2007. Petitions to reopen or requests 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 of any 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.

If the verified notice contains false or

misleading information, the exemption

is void ab initio.

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 of the EA by writing to

. 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 of Outof-Service nail Lines, 5 l.C.C.2d 377.(1989). Any

request for a stay should be filed as soon as possible

so that the Board may take appropriate action before

the exemption's effective date.

3 Each OFA must be accompanied by the filing

fee, which is currently set at $1,300. See 49 CFR

1002.2(0(25).

20010
Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Notices2

SEA (Room 1100, Surface

Transportation Board, Washington, DC

20423-0001) or by calling SEA, at (202)

245-0305. [Assistance for the hearing

impaired is available through the

Federal Information Relay Service

(FIRS) at 1-800-877-8339.] Comments

on environmental and historic

preservation matters must be filed

within 15 days after the EA becomes

available to the public.

Environmental, historic preservation,

public use, or trail use/rail banking

conditions will be imposed, where

appropriate, in a subsequent decision.

Pursuant to the provisions of 49 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 not been effected by

BNSF's filing of a notice of

consummation by April 20, 2008, and

there are no legal or regulatory barriers

to consummation, the authority to

abandon will automatically expire.

Board decisions and notices are

available on our Web site at http://

www.stb.dot.gov.

Decided: April 9, 2007.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

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 of the Treasury has

submitted the following public

information collection requirement(s) to

OMB for review and clearance under the

Paperwork Reduction Act of 1995,

Public Law 104-13. Copies of the

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 of the

Treasury, Room 11000, 1750.

Pennsylvania Avenue, NW.,

Washington, DC 20220.

Dates: Written comments should be

received on or before May 21, 2007 to

be assured of consideration.

Bureau of Public Debt (BPD)

MB Number: 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 in order to make payments to

investors in United States Securities by

the Automated Clearing House (ACH)

method.

Respondents: Individuals or

Households.

Estimated Total Burden Hours: 1

hour.

OMB Number: 1535-0131.

Type of Review: Extension.

Title: Application For Disposition of

Series I Savings Bonds after the Death

of the registered owner(s).

Form: PD F 5394.

Description: Used to distribute Series

I savings bonds after the death of the

registered owner(s).

Respondents: Individuals or

Households.

Estimated Total Burden Hours: 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 of H/HH interest by Direct

Deposit (ACH method).

Respondents: Individuals or

Households.

Estimated Total Burden Hours: 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 of State and Local

Government Series Securities.

Respondents: State, Local and Tribal

Government.

Estimated Total Burden Hours: 247

hours.

Clearance Officer: Vicki S. Thorpe

(304) 480-8150, Bureau of the Public

Debt, 200 Third Street, Parkersburg,

West Virginia 26106.

OMB Reviewer: Alexander T. Hunt

(202) 395-7316, Office of Management

and Budget, Room 10235, New

Executive Office Building, Washington,

DC 20503.

Michael A. Robinson,

Treasury PRA Clearance Officer.

[FR Doc. 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 of the

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 of Authority as an acceptable

surety on Federal 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 their reference copies of the

Treasury Circular 570 ("Circular"), 2006

Revision, to reflect this addition.

Certificates of Authority expire on

June 30th each year, unless revoked

prior to that date. The Certificate are

subject to subsequent annual renewal as

long as the companies remain qualified

(see 31 CFR part 223). A list of qualified

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 Accounting and Services

Division, Financial Management Service.

[FR Doc. 07-1954 Filed 4-19-07; 8:45 am]

BILLING CODE 4810-35-M

20011
Federal 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 of the

Treasury, as part of its 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 requir6d 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 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 or before 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 of the regulations should be

directed to Allan Hopkins 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.

OMB Number: 1545-1616.

Regulation Project Numbers: 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 of OMB

approval.

Affected Public: Individuals or

households, business or other for-profit

and not-for-profit organizations.

Estimated Number of Respondents:

3,150,000.

Estimated Time Per Respondent: 1

minute for designating an IRA as a Roth

IRA. 30 minutes for recharacterizing an

IRA contribution.

Estimated Total Annual Burden

Hours: 125,000.

The following paragraph applies to all

of the collections of information covered

by this notice:

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless the collection of information

displays a valid OMB control number.

Books or records relating to a collection

of information must be retained as long

as their contents may become material

in the administration of any 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 of the functions of the

agency, including whether the

information shall have practical utility;

(b) the accuracy of the agency's estimate

of the burden of the collection of

information; (c) ways to enhance the

quality, utility, and clarity of the

information to be collected; (d) ways to

minimize the burden of the collection of

information on respondents, including

through the use of automated collection

techniques or other forms of information

technology; and (e) estimates of capital

or start-up costs and costs of operation,

maintenance, and purchase of services

to provide information.

Approved: March 19, 2007.

Glenn P. Kirkland,

IRS Reports Clearance Officer.

[FR Doc. 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 of the

Treasury, as part of its 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

Revenue Procedure 2007-XX, Section

6707/6707A Accelerated Appeals

Procedure.

DATES: Written comments should be

received on or before 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 of revenue procedure should be

directed to Allan Hopkins, at (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: Section 6707-6707A

Accelerated Appeals Procedure.

OMB Number: 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.

Estimated Number of Respondents:

860.

Estimated Average Time Per

Respondent: 30 min.

Estimated Total Annual Burden

Hours: 430.

The following paragraph applies to all

of the collections of information covered

by this notice:

An agency may not conduct or

sponsor, and a persofi is not required to

respond to, a collection of information

unless the collection of information

displays a valid OMB control number.

Books or records relating to a collection

of information must be retained as long

as their contents may become material

in the administration of any 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

20012
Federal Register/Vol. 72, No. 76/Friday, April 20, 2007 /Notices

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 of the functions of the

agency, including whether the

information shall have practical utility;

(b) the accuracy of the agency's estimate

of the burden of the collection of

information; (c) ways to enhance the

quality, utility, and clarity of the

information to be collected; (d) ways to

minimize the burden of the collection of

information on respondents, including

through the use of automated collection

techniques or other forms of information

technology; and (e) estimates of capital

or start-up costs and costs of operation,

maintenance, and purchase of services

to provide information.

Approved: April 13, 2007.

Glenn P. Kirkland,

IRS Reports Clearance Officer.

[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 of the

Treasury, as part of its 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 TAP

Tax Check Waiver.

DATES: Written comments should be

received on or before June 19, 2007 to

be assured of consideration.

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 of the 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.

OMB Number: 1545-XXXX.

Abstract: Taxpayer Advocacy Panel

(TAP) members must be compliant with

their tax obligations and must undergo

and pass a Tax check in order to be.

selected as a TAP member. By executing

the Tax Check Waiver, the applicant

provides information to facilitate

conduct of the Tax Check and

authorizes the IRS official conducting

the Check to release the results of the

Check, which are otherwise

confidential, to the Director of TAP 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 of new

collection.

Affected Public: Individuals and

households.

Estimated Number of Respondents:

110.

Estimated Time Per Respondent: 20

min.

Estimated Total Annual Burden

Hours: 37.

The following paragraph applies to all

of the collections of information covered

by this notice:

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless the collection of information

displays a valid OMB control number.

Books or records relating to a collection

of information must be retained as long

as their contents may become material

in the administration of any 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 of the functions of the

agency, including whether the

information shall have practical utility;

(b) the accuracy of the agency's estimate

of the burden of the collection of

information; (c) ways to enhance the

quality, utility, and clarity of the

information to be collected; (d) ways to

minimize the burden of the collection of

information on respondents, including

through the use of automated collection

techniques or other forms of information

technology; and (e) estimates of capital

or start-up costs and costs of operation,

maintenance, and purchase of services

to provide information.

Approved: April 13, 2007.

Glenn Kirkland,

IRS Reports Clearance 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 of the

Treasury, as part of its 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 should be

received on or before 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 of notice should be directed to

Allan Hopkins, at (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: Certain Payments Made

Pursuant to a Securities Lending

Transaction or Sale-Repurchase

Transaction.

OMB Number: 1545-XXXX.

Notice Number: Notice 2007-XX.

Abstract: The IRS need the

information from payor(s) in order to

verify the accuracy of withholding,

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 at this 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.

Estimated Number of Respondents:

377,500.

Estimated Average Time Per

Respondent: 10 min.

Estimated Total Annual Burden

Hours: 61,750.

The following paragraph applies to all

of the collections of information covered

by this notice:

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless the collection of information

displays a valid OMB control number.

Books or records relating to a collection

of information must be retained as long

as their contents may become material

in the administration of any 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 of the functions of the

agency, including whether the

information shall have practical utility;

(b) the accuracy of the agency's estimate

of the burden of the collection of

information; (c) ways to enhance the

quality, utility, and clarity of the

information to be collected; 1d) ways to

minimize the burden of the collection of

information on respondents, including

through the use of automated collection

techniques or other forms of information

technology; and (e) estimates of capital

or start-up costs and costs -of operation,

maintenance, and purchase of services

to provide information.

Approved: April 13, 2007.

Glenn Kirkland,

IRS Reports Clearance Officer.

[FR Doc. 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

of the agenda along with planned

discussion topics:

Summarized Agenda for June 11 and

June 12, 2007

8 a.m. Conference Begins

11:30 a.m. Break for Lunch

1 p.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 these topics

are possible and could prevent advance

notice.

DATES: The Software Developers

Conference will be held on Monday and

Tuesday, June 11 and June 12, 2007.

The conference will be held in a room

that accommodates approximately 400

people including IRS officials.

ADDRESSES: The conference will be held

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 or by phone for

blocked hotel rooms at a reduced rate by

May 14. On site registration will also be

available. If you 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 of interest to IRS e-file software

developers and transmitters.

Dated: April 10, 2007.

Gregory Kay,

Director, Strategic Services Division.

[FR Doc. E7-7479 Filed 4-19-07; 8:45 am]

BILLING CODE 4830-01-P

DEPARTMENT OFVETERANS

AFFAIRS

Advisory Committee on Cemeteries

and Memorials; Notice of Meeting

The Department of Veterans Affairs

(VA) gives notice under Public Law 92-

463 (Federal Advisory Committee Act)

that a meeting of the Advisory

Committee on Cemeteries and

Memorials will be held May 16-17,

2007, at the Courtyard by Marriott

Atlanta Buckhead, 3332 Peachtree Road,

NE., Atlanta, GA. On May 16, the

meeting will begin 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 of the Committee is to

advise the Secretary of Veterans Affairs

on the administration of national

cemeteries, soldiers' lots and plots, the

selection of new national cemetery sites,

the erection of appropriation memorials,

and the adequacy of Federal burial

benefits.

On May 16, 2007, the Committee will

receive updates on National Cemetery

Administration issues. On May 17,

2007, the Committee will tour Georgia

and Marietta National Cemeteries and

then reconvene at the hotel for a

business session in the afternoon, which

will include discussions of Committee

recommendations, future meeting sites,

and potential agenda topics at future

meetings.

Time will not be allocated for

receiving oral presentations from the

public. Any member of the public

wishing to 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.gov or

mailed to the National Cemetery

Administration (41C2), 810 Vermont

Avenue, NW., Washington, DC 20420.

In the public's communications with the

Committee, the writers must identify

themselves and state the organizations,

associations, or persons they represent.

Dated: April 16, 2007.

By direction of the Secretary.

E. Philip Riggin,

Committee Management Officer.

[FR Doc. 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 Advisory Council;

Notice of Meeting

The Department of Veterans 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, in room 900 at the

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 of the Council is to

provide external advice and review for

VA's research mission. The May 7

meeting agenda will include a review of

the VA research portfolio, a summary of

durrent budget allocations and a

discussion of information security. The

Council will also provide feedback on

the direction/focus of VA's research

initiatives.

Any member of the 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 not be

accepted at the meeting. Written

statements or comments should be

transmitted electronically to

jay.freedman@va.gov or mailed to Dr.

Freedman at Department of Veterans

Affairs, Office of Research andDevelopment (12), 810 Vermont

Avenue, NW., Washington, DC 20420.

Dated: April 16, 2007.

By Direction of the Secretary.

E. Philip Riggin,

Committee Management Officer.

[FR Doc. 07-1948 Filed 4-19-05; 8:45 am]

BILLING CODE 8320-01-M

DEPARTMENT OF VETERANS

AFFAIRS

Veterans' Advisory Committee on

Education; Notice of Meeting

The Department of Veterans Affairs

gives notice under Pub. L. 92-463

(Federal Advisory Committee Act) that

the Veterans' Advisory Committee on

Education will meet on May 16-17,

2007. On May 16, the session will be

held in room C-7A at the 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 of the Committee is to

advise the Secretary of Veterans Affairs

on the administration of education and

training programs for veterans,

servicepersons, reservists, and

dependents of veterans under Chapters

30, 32, 35, and 36 of title 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 on proposed and new

legislation, a total force GI Bill, chapter

1606 eligibility extension, on-the-job

training and apprenticeship programs

and the contract call center. oral

statements from the public will be heard

at 4 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, or within 10 days after the

meeting, with mr. Salminio Garner,

Designated Federal Officer, Department

-of Veterans 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.

By Direction of the Secretary

E. Philip Riggin,

Committee Management Officer.

[FR Doc. 07-1947 Filed 4-19-07; 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 Block Grant Program Formula

AGENCY: Office of the 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 of Indian self-determination and

tribal self-government. This final rule

follows publication of a 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 of the Negotiated

Rulemaking Act of 1990.

DATES: Effective Date. May 21, 2007.

FOR FURTHER INFORMATION CONTACT:

Rodger J. Boyd, Deputy Assistant

Secretary for Native American

Programs, Office of Public and Indian

Housing, Department of Housing and

Urban Development, 451 Seventh Street,

SW., Room 4126, Washington, DC

20410-5000; telephone (202) 401-7914

(this is not a toll-free number). Hearingor speech-impaired individuals may

access this number via TTY by 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 of accountability.

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 for affordable housing activities.

The amount of assistance made

available to each Indian tribe is

determined in accordance with the

allocation formula that was developed

as part of the NAHASDA negotiated

rulemaking process (IHBG Formula). A

regulatory description of the IHBG

Formula is located in subpart D of 24

CFR part 1000 (§§ 1000.301-1000.340).

The current IHBG Formula consists of

two components: Need and Formula

Current Assisted Stock (FCAS).

Generally; the amount of annual

funding for an Indian tribe is the sum

of the 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 for each Indian tribe and

provides this information to the Indian

tribes. An Indian Housing Plan (IHP) for

the Indian tribe is then submitted to

HUD. If the IHP is found to be in

compliance with statutory and

regulatory requirements, the grant is

made.

Section 1000.306 of the IHBG program

regulations provides that the IHBG

Formula shall be 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 of tribal

governments (or authorized designees of

those tribal governments). The

Committee membership reflected a

balanced representation of Indian tribes,

both geographically and based on size.

In addition to the tribal members, there

were two HUD representatives on the

Committee. The first meeting of the

Committee took place in April 2003 and

the Committee 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

in January 2004. All of the Committee

sessions were announced in the Federal

Register and were open to the public,

and interested members of the public

actively participated in the workgroup

sessions. The February 25, 2005,

proposed rule reflected the consensus

decisions reached by the Committee

during the negotiated rulemaking

process on the best way to address

certain areas of the 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 rule provides 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 February 25, 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 of the

workgroup consisted of HUD and tribal

representatives. The 2-day meeting,

which was open to the public, was

announced in the Federal Register

through a notice published on January

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 in this final rule.

No other changes are made to the

appendices.

After careful consideration of the

comments, the Committee reached

consensus on making a conforming

typographical change to § 1000.316(a)(2)

and (a)(3). Other than these conforming

changes (which are 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 of Public Comments on

the February 25, 2005, Proposed Rule

This section of the preamble presents

a summary of the significant issues

raised by the public commenters on the

February 25, 2005, proposed rule and
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the Committee's responses to these

comments. For the convenience of

readers, the discussion of the public

comments is organized into three

sections. The first section discusses the

general comments that were received on

the proposed rule. The second section

discusses the public comments received

.on specific proposed regulatory changes

contained in the proposed rule. The

third section discusses the public

comments received on non-consensus

issues (i.e., those issues on which the

Committee could not reach agreement

on proposed regulatory language).

A. General Comments

Comment. Twenty-eight commenters

praised the IHBG Formula negotiated

rulemaking process and offered support

that all revisions to NAHASDA

regulations be developed using

negotiated rulemaking. Further, these

commenters requested that all public

comments be considered by the

Committee in a 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

the public comments and develop this

final rule.

B. Comments on Specific Proposed

Regulatory Changes

Comment regarding the revised

-definition of Formula Area. The

February 25, 2005, rule proposed to

revise the definition of the term

"Formula Area" located in § 1000.302.

Many comments were received on

various aspects of this revised

definition. For example, five

commenters objected to the inclusion of

Oklahoma Tribal Statistical Areas

(OTSAs), as defined by the U.S. Census,

in the list of acceptable formula areas.

The commenters wrote that the

inclusion of OTSAs as formula areas

will "shift funding from Reservation

restricted trust lands to Fee Simple State

lands." Other commenters suggested

that the rule be revised to remove Tribal

Designated Statistical Areas (TDSAs)

from the list of formula areas. These

commenters recommended that the final

rule should instead use the listing of

federally recognized tribes published by

the Departmert of Interior.

Response: The final rule has not been

revised in response to these comments.

The Committee continues to believe that

the proposed changes to the definition

of Formula Area help to clarify the

current definition and better address the

different types of geographic areas

served by Indian tribes. in response to

the comments objecting to the inclusion

of OTSAs, the Committee does not agree

that the inclusion of such areas will

necessarily result in a shift in funding

and notes that the final rule continues

to provide for challenges to the "grandfathering" of the current formula

areas for such tribal areas in Oklahoma.

Additionally, geographic areas

encompassed by OTSAs are not new to

the formula, but rather reflect a change

in terminology used by the Census

Bureau. These geographic areas were

previously referred to as Tribal

Jurisdictional Statistical Areas and have

historically been included in the IHBG

formula. With regard to the commenters

recommending the use of the list of

federally recognized tribes, some

federally recognized tribes do not have

a reservation or trust land. Additionally,

five state recognized tribes have been

grandfathered into the IHBG program by

statute. As noted above, the inclusion of

TDSAs simply provides Indian tribes

with another Formula Area option that

may better reflect the geographic areas

they serve.

Comments regarding the definition of

Alaska Formula Area. Several

commenters raised concerns about the

proposed definition of Alaska Formula

Area. Some of these commenters were

concerned about the procedures

contained in the definition for crediting

Alaska needs data. One of these

commenters wrote that NAHASDA does

not authorize HUD to grant IHBG fumds

to "Alaska Native Villages," only to

sovereign Indian or Alaska Native tribes,

and suggested that the definition be

revised accordingly. Some of the

commenters raised concern about the

provision for expanding Alaska Formula

Areas. Several of these commenters

objected to the perceived "ability of any

corporation to be able to expand their

service or formula areas." Another

commenter, however, requested that the

final rule clarify the ability of Alaska

Indian tribes to expand their Formula

Area.

Response: The rule has not been

revised in response to these comments.

The regulatory provision regarding

Alaska Formula Areas addresses the

unique circumstances of Indian tribes in

Alaska, and is consistent with the

statutory requirements of NAHASDA.

The language regarding the crediting of

formula data is idQntical to that found

in § 1000.327 of the current regulations.

The change proposed by the February

25, 2005, rule was simply to transfer this language to the definition of

Formula Area for purposes of clarity.

With regard to the expansion of Alaska

Formula Areas, the proposed and final

rules make clear that Alaska tribes may

seek to expand their Formula Areas in

the same manner as any other Indian

tribe. Alaska Native Villages have been

listed and are recognized as "federally

recognized Indian tribes" by the

Secretary of Interior (70 FR 71194).

Additionally, NAHASDA defines Alaska

Native Villages, regional corporations,

and village corporations as Indian

tribes, expressly making them eligible

for provisions under the statute.

Comments on the population cap

used to determine formula area. Several

commenters wrote in support of the

continued use of the "cap" on the

population data that will be attributed

to an Indian tribe within its Formula

Area. In particular, the commenters

supported the clarification that for staterecognized tribes the population data

and formula allocation shall be limited

to tribal enrollment figures reflecting

tribal enrollment criteria in effect in

1996. The commenters wrote that the

cap must be enforced to prohibit state

recognized tribes from being credited

with any new members.

Response: The Committee agrees that

the cap is necessary to maintain fairness

for all Indian tribes. As explained in the

preamble to the February 25, 2005,

proposed rule, the provision regarding

state-recognized Indian tribes is

statutorily based. The definition of staterecognized tribe in section 4(12)(C)(ii) of

NAHASDA requires that the allocation

for such a tribe shall be determined

based on tribal membership eligibility

criteria in existence on the date of

enactment (October 26, 1996). The

language of the proposed rule (and

adopted by this final rule) helps to

ensure that state-recognized tribes will

not be credited for any new members

who do not meet the 1996 enrollment

criteria. However, the rule does not

prohibit a state-recognized Indian tribe

from being 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 or formula allocation at

1996 levels.

Comments regarding the expansion

and redefinition of Formula Area. The

proposed rule described new

procedures governing the expansion or

re-definition of an Indian tribe's

Formula Area. One tribe objected to

reducing the new area to the "smallest

U.S. Census unit or units" when there

are other reasonable boundaries that can

be followed, such as municipal or tribal

boundaries.

Response: The rule has not been

revised in response to this comment.

The new requirements were carefully

crafted by the Committee to ensure that

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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 of Native

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 which the

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 has yet been

developed and agreed upon.

Comments regarding the definition of

Substantial Housing Services. Among

the required criteria for expanding its

Formula Area, the Indian tribe must

demonstrate that it is providing "substantial housing services" (as

defined in the rule) within the new

geographic area. Several of the

commenters objected to the requirement

that the tribe demonstrate affordable

housing activities equal to at least 100

percent of the increase in its IHBG

Formula allocation or 51 percent of the

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 for maintaining

current housing stock, to include

locations outside their existing Formula

Areas even if they provide housing

services to their enrolled members in

those areas.

Response: The rule has not been

revised in response to these comments.

As noted above in this preamble, the

new requirements regarding the

expansion of Formula 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 the housing needs of Native

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

tribes to satisfy the substantial housing

services requirements in one of two

ways: to either provide 100 percent of

the increase in its IHBG Formula

allocation or 51 percent of the tribe's

current formula allocation if certain

other conditions are satisfied.

Comments regarding the use of U.S.

Census data in overlapping Formula

Areas. Current regulations at § 1000.326

specify how IHBG funds will be

allocated where the Formula Areas of

one or more tribes overlap. Among other

factors, the allocation will be based

upon the Indian tribe's proportional

share of the population in the

geographic area. Tribal membership in

the geographic area (not including

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 of Indian Affairs data. This

list is not exclusive, 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 of several

data sources that may be used to

determine tribal population. The

Committee notes that the regulation

does not require the use of Census 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 required use

of the Formula Response Form 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 of changes to

FCAS. New § 1000.315 clarifies that the

Formula Response Form is the only

mechanism a recipient may use to

report changes to the FCAS. New

§ 1000.319 provides that if a recipient

receives an overpayment of funds

because it failed to report changes on

the Formula Response Form in a timely

manner, the recipient must repay the

funds within 5 fiscal years. Conversely,

HUD has agreed to provide back funding

for any undercount of units that

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 of FCAS, as

well as the formula response form

change at § 1000.319.

Response: The Committee appreciates

the support of the comments. The final

rule adopts the provisions of proposed

§§ 1000.315 and 1000.319 without

change.

Comments regarding the calculation

of the operating subsidy component of

FCAS. For clarity, the February 25,

2005, rule proposed to make a minor,

non-substantive modification to

§ 1000.316(a)(1). The current language

of the regulation provides that the first

of the three.variables comprising the

operating subsidy component of FCAS

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 for inflation." 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 of the 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 of the proposed

rule and therefore not appropriate for

inclusion at this final rule stage.

Specifically, one commenter advocated

the participation of all Indian tribes in

the Section 8 voucher program, while

the other commenter advocated for

increased IHBG funding.

Response: Thd Committee appreciates

the support expressed by the

commenters on the clarifying change.

As noted above in this preamble, the

final rule makes the necessary

correction to paragraphs (a)(2) and (a)(3)

of § 1000.316.

Comments regarding the FCAS

modernization allocation for small

Indian tribes. 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) of the

Omnibus Indian Advancement Act

(Pub. L. 106-568, approved December

27, 2000) added a new subsection

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302(d)(1)(B) to NAHASDA regarding

operating and modernization funding

for Indian tribes with Indian Housing

Authorities (IHAs) that owned or

operated fewer than 250 units

developed under the United States

Housing Act of 1937 (42 U.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 or operated 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 not receive the one-time competitive

modernization grant in 1997. One

commenter requested clarification

regarding the effect of the regulatory

change for Indian tribes that had more than 250 units on October 1, 1997.

Response: The rule has not been

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.

Comments regarding small programs!

minimum funding. The February 25,

2005, rule proposed numerous revisions

to the minimum funding provisions at

§ 1000.328. Among other changes, the

rule proposed to remove the current

provisions regarding the minimum

IHBG Formula Need allocation for an

Indian tribe in its first year of

participation in the IHBG program. The

rule also proposed to revise the

minimum formula allocation an Indian

tribe will receive under the Need

component of the IHBG Formula after

its first year of participation 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 of these 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 not be considered in

providing minimum funding, as these

funds go toward maintenance of existing

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 of needs.

Response: The rule has not been

revised in response to these comments.

As noted in the preamble to the

proposed rule, the minimum funding

provision provides for a minimum

needs allocation of $50,000 based on

current IHBG appropriations. The

Committee continues to believe that this

provision is fair to all Indian tribes

while helping to ensure an adequate

minimum level of funding 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 of any

households at or below 80 percent of

median income only in the IHP.

Comments regarding the adjustment

of the Need variables using birth and

death rate data. 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 the National

Center for Health Statistics.

Twenty-eight commenters wrote in

support of the 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 of the tribes to report

annual enrollment certification instead

of HUD.

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 for birth

and death rates. Procedures at

§ 1000.336 have also been revised to

include challenges of birth and death

rate data used in computing Indian

Health Service projections.

Comments regarding data challenges

and appeals of HUD 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 of certain HUD

formula determinations. Thirty-four

commenters wrote in support of the

proposed rule provisions regarding data

challenges and appeals. However, five

commenters objected to the use of U.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 of comments

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. Comments Regarding Nonconsensus

Items

Comments regarding formula median

income. During negotiations, the

Committee considered removing the

definition of "formula median income"

used in calculating the Need component

of the 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 on this issue and

therefore a regulatory change was not

contained in the February 25, 2005,

proposed rule.

A majority of commenters 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 of median

income (one for the formula and the

other for use elsewhere in the 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 in response to these

comments. As noted above and

discussed in detail in the preamble to

the proposed rule, the Committee could

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

not reach consensus on whether to

revise the definition of formula median

income. Because decision-making

during the negotiated rulemaking

process was based on consensus, the

absence of consensus on formula

median income, even after full

consideration of public comments,

precluded the Committee from adopting

the changes proIposed by the

commenters. Moreover, such a revision

would not have been appropriate at this

final rule stage, as it would require

additional notice and public comment.

Comments regarding the Section 8

inflation factor. During negotiations on

the proposed rule, the Committee

considered various proposals to remove

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 of the

proposed rule. Specifically, five

commenters suggested that the

regulations be revised to provide that as

an individual Section 8 voucher expires,

the associated funding be placed in a "pot" in the same way as other FCAS

are conveyed. One commenter raised an

objection to the statutory language of

section 502(a) of NAHASDA, which,

according to the commenter, effectively

includes Section 8 assistance to be

treated as FCAS.

Response: The rule has not been

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

not be made at this final rule stage

without additional notice and comment

rulemaking. The comment objecting to

section 502(a) of NAHASDA pertains to

statutory language that may be revised

only through legislative amendment.

Comments regarding substantial

noncompliance. Section 1000.534 of the

IHBG program 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

after reasonable 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 any reduction or adjustment of its

IHBG grant. During negotiations, there

were two objections to the proposed

expansion of substantial noncompliance

and, therefore, consensus was not

reached on this proposal. Several

commenters expressed concern on the

failure of the Committee to find

consensus on the proposal to amend

§§ 1000.534 and 1000.538.

Response: No change has been made

to the rule in response to these

comments. As noted above, the

Committee could not reach consensus on whether to revise the regulatory

provisions concerning substantial

noncompliance. Because the negotiated

rulemakin'g process required consensus

and because consensus was not reached

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 regarding the replacement

of the Allowable Expense Level (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 of the

Committee oxpressed dissatisfaction

with the AEL, stating that it is not

reflective of the true costs of operating

affordable housing units and that

individual AEL levels were often

inaccurately calculated. Other

Committee members, however, felt that

general use of the AEL is an acceptable

method for allocating 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, a regulatory change was

not contained in the February 25, 2005,

proposed rule. HUD agreed to a study of

the use of the 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 of the commenters were

concerned about the failure of the

Committee to find consensus on AEL

and expressed support for changes

through legislation or future regulatory

changes. Others supported the

continued use of AEL as an adjustment

factor to account for the higher costs

associated with differing geographic

locations.

Response: No change has been made

to the rule in response to the comments.

As noted, the Committee was unable to

reach consensus on a proposed

regulatory change and, therefore, did

not adopt the commenters' suggested

change in this final rule. Accordingly, a

revision to the AEL would not be

appropriate at this final rule stage, since

it would require additional notice and

public comment.

Comments regarding the use of multirace U.S. Census data. 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 of the

Need component incorporates all

persons who identify as AlAN, without

regard to whether they also identify as

another race. During the negotiations for

-the proposed rule, proponents of using

this data stated that the use of singlerace data does not reflect 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 of this 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 as being

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 of multi-race Census

data and urged the Committee to revisit

this issue. The tribes stated that the

change to multi-race data has the effect

of drastically increasing some tribes'

funding and decreasing that of others. In

particular, one commenter wrote that

t4e use of multi-race data would shift

funding from traditional Native Villages

to more urban areas. Several

commenters suggested a compromise

position providing for calculation of the

Need component based on the average

of individuals 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 in question. Four commenters wrote

in support of the multi-race Census

data. One of these commenters stated

that tribal members can be more than

one race provided they meet the criteria

established by the tribe. Two

20022
Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Rules and.Regulations

commenters wrote that not using multirace data would result in undercounting

of tribal membership. Another

commenter offered general support for

the use of multi-race Census data in the

IHBG allocation formula.

Response: The rule has not been

revised in response to these comments.

As discussed above, the Committee was

unable to reach consensus on the issue

of multi-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

of the Senate Report, on December 12,

2006, HUD published a notice in the

Federal Register (71 FR 74748) that

solicited public comment on the use of

multi-race data in the computation of

the IHBG allocation formula.

IV. Findings and Certifications

Regulatory Planning and Ileview

The Office of Management 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) of the Order

(although not an economically

significant action, as provided under

section 3(f)(1) of the 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 at the HUD

Headquarters building, please schedule

an advance appointment to review the

docketfile by calling the Regulations

Division at (202) 708-3055 (this is not

a toll-free number).

Paperwork Reduction Act

The information collection

requirements contained in this 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 a person is not

required to respond to, a collection of

information unless the collection

displays a currently valid OMB control

number.

Environmental Impact

A Finding of No Significant Impact

(FONSI) with respect to the

environment was made at the proposed

rule stage in accordance with HUD

regulations at 24 CFR part 50, which

implement section 102(2)(C) of the

National Environmental Policy Act of

1969 (42 U.S.C. 4332(2)(C)). That FONSI

remains applicable to this final rule and

is available for public inspection

between the hours of 8 a.m. and 5 p.m.

weekdays 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 at the 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).

Regulatory Flexibility Act

The Regulatory Flexibility Act (5

U.S.C. 601 et seq.) generally requires an

agency to conduct a regulatory

flexibility analysis of any rule subject to

notice and comment rulemaking

requirements, unless the agency certifies

that the rule will not have a significant

economic impact on a substafitial

number of small entities. This rule

would not impose substantive new

requirements on Indian tribes. Rather,

the rule addresses those areas of the

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 of Indian tribes, and the

rule reflects the consensus decisions

reached by HUD and its tribal

negotiating partners on the best way to

address the required changes to the

IHBG Formula. The potential burden of

the regulatory changes on Indian tribes

was considered and addressed as part of

the negotiated rulemaking process.

Accordingly, the undersigned certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities.

Unfunded Mandates Reform Act

Title II of the 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, or tribal governments, or on the.

private sector within the meaning of

UMRA. :

Catalog of Federal Domestic Assistance

The Catalog of Federal Domestic

Assistance number for the IHBG

program is 14.867.

List of Subjects in 24 CFR Part 1000

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, for reasons discussed in

the preamble, HUD amends 24 CFR part

1000 as follows:

PART 1000-NATIVE AMERICAN

HOUSING ACTIVITIES

m 1. The authority citation for 24 CFR

part 1000 continues to read as follows:

Authority: 25 U.S.C. 4101 et seq.; .42 U.S.C.

3535(d).

N 2. In § 1000.302, revise the definition

of "Formula Area" and add, in

alphabetical order, definitions of the

terms "National Per Unit Subsidy" and

"Substantial Housing Services" to read

as follows:

§1000.302 What are the definitions

applicable to the IHBG formula?

Formula area. (1) Formula areas are: (i) Reservations for federally

recognized Indian tribes, as defined by

the U.S. Census;

(ii) Trust lands;

(iii) Department of the 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 or reestablished by

federal court judgment; and

(ix) Alaska formula areas described in

paragraph (4) of this definition.

(2)(i) For a geographic area not

identified in paragraph (1) of this

definition, and for expansion or redefinition of a geographic area from the

prior year, including those identified in

paragraph (1) of this definition, the

Indian tribe must submit, on a form

agreed to by HUD, information about the

geographic area it wishes to include in

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its Formula Area, including proof that

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 of the

area, or has attempted to establish such

an MOA; and either:

(A) Could exercise court jurisdiction;

or

(B) Is providing substantial housing

services and will continue to expend or

obligate funds for substantial housing

services, as reflected in the form agreed

to by HUD for this purpose.

(ii) Upon receiving a request for

recognition of a geographic area not

identified in paragraph (1) of this

definition, HUD shall make a

preliminary determination. HUD shall

notify all potentially affected Indian

tribes of the basis for its preliminary

determination by certified mail and

provide the Indian tribes with the

opportunity to comment for a period of

not less than 90 days. After

consideration of the 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) of this "

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 or units encompassing the

physical location where substantial

housing services have been provided by

the Indian tribe.

(3) Subject to a challenge by an Indian

tribe with a Formula Area described

under paragraph (1)(iv) of this

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 of housing 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) of this 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 et seq.) (ANCSA). For purposes of

§ 1000.327 and this definition:

(i) The formula area of the ANV shall

be the geographic area of the village or

that area delineated by the TDSA

established for the ANV for purposes of

the 1990 U.S. Census or the 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 of the 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 of the village, then the

geographic formula area of the ANV for

purposes of § 1000.327 shall be such

U.S. Census designation as most closely

approximates the actual geographic area

of the village.

(ii) The geographic formula area of the

regional corporation shall be the area

established for the corporation by the

ANCSA.

(iii) An Indian tribe may seek to

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 of the

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 or tribes 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.

In general, to maintain fairness for all

Indian tribes, the tribe's population data

will not be allowed to exceed twice an

Indian tribe's enrolled population.

However, an Indian tribe subject to this

cap may receive an allocation based on

more than 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 of another 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 in effect 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 will be

determined by the total number of

Indians and Alaska Natives to whom the

Indian tribe is providing housing

assistance (on July 30 of the year before

funding is sought) divided by the

number of members to whom the Indian

tribe is providing housing assistance.

For example, an Indian tribe that

provides housing to 300 Indians and

Alaska Natives, of which 100 are

members, the Indian tribe would then

be able to receive an allocation for up

to three times its tribal enrollment if the

Indian and Alaska Native population in

the area is three or more times the tribal

enrollment.

* * * * *

National per unit subsidy is the Fiscal

Year 1996 national per unit subsidy

(adjusted to full funding level)

multiplied by an adjustment factor for

inflation.

Substantial housing services are:

(1) Affordable housing activities

funded from any source provided to

ALAN households with incomes 80

percent of the median income as

defined in NAHASDA (25 U.S.C. 4103

(14)) or lower, equivalent to 100 percent

or more of the 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 of the median income as

defined in NAHASDA (25 U.S.C.

4104(14)) or lower, equivalent to 51

percent or more of the Indian tribe's

current total IHBG grant; and either:

(i) Fifty-one percent or more of the

Indian tribe's official enrollment resides

within the geographic area; or

(ii) The Indian tribe's official

enrollment constitutes 51 percent or

more of the 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 of substantial housing

services.

0 3. Revise § 1000.306(b) to read as

follows:

§1000.306 How can the IHBG Formula be

modified?

(b) The IHBG Formula shall be

reviewed not later than May 21, 2012 to

determine if a subsidy is needed to

operate and maintain NAHASDA units

or if any other changes are needed in

respect to funding under the Formula

20024
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Current Assisted Stock component of

the formula.

* 4. Add § 1000.315 to read as follows:

§ 1000.315 Is a recipient required to report

changes to the Formula Current Assisted

Stock (FCAS) on the Formula Response

Form?

(a) A recipient shall report changes to

information related to the IHBG formula

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 shall be not less

than 60 days from the date of the 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) and paragraph (b)

to read as follows:

§ 1000.316 How Is the Formula Current

Assisted Stock (FCAS) Component

developed?

(a] * * *

(1) The number of low-rent FCAS

units multiplied by the national per unit

subsidy;

(2) The number of Section 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 of Mutual Help and

Turnkey III FCAS units multiplied by

the national per unit subsidy.

(b) Modernization allocation. (1) For

Indian tribes with an Indian Housing

Authority that owned or operated 250 or

more public housing units on October 1,

1997, the modernization allocation

equals the number of Low Rent, 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.

(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 of funds received under

the assistance program authorized by

section 14 of the 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 'would happen If a

recipient mlsreports'or falls to correct

Formula Current Assisted Stock (FCAS) Information on the Formula Response

Form?

(a) A recipient is responsible for

verifying and reporting changes to their

Formula Current Assisted Stock (FCAS)

on the Formula Response Form to

ensure that data used for the IHBG

Formula are accurate (see § 1000.315).

Reporting shall be completed in

accordance with requirements in this

Subpart D and the Formula Response

Form.

(b) If a recipient receives an

overpayment of funds because it failed

to report such changes on the Formula

Response Form in a timely manner, the

recipient shall be required to repay the

funds within 5 fiscal years. HUD shall

subsequently distribute the funds to all

Indian tribes in accordance with the

next IHBG Formula allocation.

(c) A recipient will not be provided

back funding for any units that the

recipient failed to report on the Formula

Response Form in a timely manner.

(d) HUD shall have 3 years from the

date a Formula Response Form is sent

out to take action against any recipient

that fails to correct or make appropriate

changes on that Formula Response

Form. Review of FCAS will be

accomplished by HUD as a component

of A-133 audits, routine monitoring,

FCAS target monitoring, or other

reviews.

U 7. Revise § 1000.326(b) to read as

follows:

§ 1000.326 What If a formula area Is served

by more than one Indian tribe?

(b) Tribal membership in the

geographic area (not to 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 of Indian Affairs data.

w 8. Revise § 1000.328 to read as

follows:

§1000.328 What Is the minimum amount

that an Indian tribe may receive under the

need component of the formula?

(a) Subject to the eligibility criteria

described in paragraph (b) of this

section, the minimum allocation in any

fiscal year to an Indian tribe under the

need component of the IHBG Formula

shall equal 0.007826 percent of the

available appropriations for that fiscal

year after set asides.

(b) To be eligible for the minimum

allocation described in paragraph (a) of

this section, an Indian tribe must:

(1) Receive less than $200,000 under

the FCAS component of the IHBG

Formula for the fiscal year; and

(2) Demonstrate the presence of any

households at or below 80 percent of

median income.

u 9. In § 1000.330, revise the heading

and designate the existing text of

paragraph (a) and add new paragraphs

(b) and (c) to read as follows:

§ 1000.330 What are the data sources for

the need variables?

(b) 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 the National Center for

Health Statistics.

(c) Indian tribes may challenge the

data described in paragraphs (a) and (b)

of this section pursuant to § 1000.336.

* 10. Revise § 1000.336 to read as

follows:

§ 1000.336 How may an Indian tribe, TDHE,

or HUD challenge data or appeal HUD

formula determinations?

(a) An Indian tribe, TDHE, or HUD

may challenge data used in the IHBG

Formula and HUD formula

determinations regarding: (1) U.S. Census data;

(2) Tribal enrollment;

(3) Formula area;

(4) Formula Current Assisted Stock

(FCAS);

(5) Total Development Cost (TDC);

(6) Fair Market Rents (FMRs); and

(7) Indian Health Service projections

based upon bir:h and death rate data

provided by the National Center for

Health Statistics.

(b) An Indian tribe or TDHE may not

challenge data or HUD formula

determinations regarding Allowable

Expense Level (AEL) and the inflation

factor.

(c) The challenge and the collection of

data and the appeal of HUD formula

determinations is an allowable cost for

IHBG funds.

(d) An Indian tribe or TDHE that seeks

to appeal data or a HUD formula

determination, and has data in its

possession that are acceptable to HUD,

may submit the data and proper

documentation to HUD. Data used to

challenge data contained in the U.S.

Census must meet the requirements

described in § 1000.330(a). Further, in

order for a census challenge to be

considered for the upcoming fiscal year

allocation, documentation must be

submitted by March 30th.

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(e) HUD shall respond to all

challenges or appeals not later than 45

days after receipt and either approve or

deny the validity of such 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 of the 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 in the formula allocation.

(2) Should the Indian tribe or TDHE

and HUD be unable to resolve any

discrepancy within 30 calendar days of

receipt of HUD's denial, the Indian tribe

or TDHE may request reconsideration of

HUD's denial in-writing. The request

shall set forth justification for

reconsideration.

(3) Within 20 calendar days of

receiving the request, HUD shall

reconsider the Indian tribe or TDHE's

submission and either affirm or reverse

its initial decision in writing, setting

forth HUD's reasons for the decision.

(4) Pursuant to resolution of the

dispute:

(i) If the 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) If HUD prevails, it shall issue a

written decision denying the Indian

tribe or TDHE's petition for

reconsideration, which shall constitute

final agency action.

(f) In the event HUD questions that

the data contained in the formula does

not accurately represent the Indian

tribe's need, HUD shall request the

Indian tribe to submit supporting

documentation to justify the data and to

provide a commitment to. serve the

population indicated in the geographic

area.

0 11. Revise § 1000.340 to read as

follows:

§1000.340 What if an Indian tribe is

allocated less funding under the IHBG

Formula than It received In Fiscal Year (FY)

1996 for operating subsidy and

modernization?

(a) If an Indian tribe is allocated less

funding under the modernization

allocation of the formula pursuant to

§ 1000.316(b)(2) than the calculation of

the number of Low 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) If an Indian tribe is allocated less

funding under the formula than an IHA

received on its behalf in 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 to keep

-the allocation within available

appropriations.

m 12. Revise Appendices A and B to part

1000 to read as follows:

APPENDIX A TO PART 1000-INDIAN

HOUSING BLOCK GRANT FORMULA

MECHANICS

This appendix shows the different

components of the IHBG formula. The

following text explains how each component

of the IHBG formula is calculated.

1. The Indian Housing Block Grant (IHBG)

formula is calculated by initially determining

the amount a tribe receives for Formula

Current Assisted Stock (FCAS) (See

§§ 1000.310 and 1000.312). FCAS funding is

comprised of two 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 Per Unit

Subsidy) for operations for each of the

following types of programs-Low Rent,

Homeownership (Mutual Help and Turnkey

III), and Section 8. A tribe's total count of

units in each of the above categories is

multiplied by the relevant national per unit

subsidy. That amount is summed and

multiplied by a local area cost adjustment

factor for management.

3. The local area cost adjustment factor for

management is called AELFMR. AELFMR is

the greater of a 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

FMR by their respective national weighted

average (weighted on the unadjusted

allocation under FCAS operating subsidy).

The adjustment made to the FCAS

component of the IHBG formula is then the

new AELFMR factor divided by the national

weighted average of the AELFMR (See

§ 1000.320).

4. The Modernization component is

determined using two method' depending on

the number of public housing units that a

tribe's housing authority operated prior to

NAHASDA.

(a) For Indian tribes with an Indian

housing authority (IHA) that owned or

operated 250 or more public housing units on

October 1, 1997, the modernization

allocation equals the number of Low Rent,

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 for TDC (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 of the 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 of the

allocated funds will be allocated by a tribe's

share of the total Native American

households paying more than 50 percent of

their income for housing and living in the

Indian tribe's formula area, 25 percent of the

funds allocated under Need will be allocated

by a tribe's share of the total Native American

households overcrowded and/or without

kitchen or plumbing living in their formula

area, and so on. The current national totals

for each of the 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 of housing 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 of the IHBG

formula and that can demonstrate the

presence of any households at or below 80

percent of median income are guaranteed to

receive no less than a specified minimum

under the Needs component of the formula.

The specified minimum amount shall equal

.007826 percent of the 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 other tribes

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 and Need allocations.

This amount is subject to two final

adjustments:

(a) If an Indian tribe with 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 of the

number of Low Rent, Mutual Help, and

Turnkey III FCAS multiplied by the national

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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 of all other tribes

ae proportionately 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. If a tribe received more in FY

1996 for operating subsidy and

modernization than it does under the IHBG

formula allocation, its grant is adjusted up to

the FY 1996 level (See § 1000.340(b)). Indian

tribes receiving more under the IHBG

fdrmula than in FY 1996 '"pay" for the

upward adjustment for the other tribes by

having their own grants adjusted downward.

Because many more Indian tribes have grant

amounts above the FY 1996 level than those

with grants below 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 of two 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 not be less

than the tribe's Fiscal Year (FY) 1996

Operating %ubsidy and Modernization

funding, can be represented by:

unadjGRANT = FCAS + t4EED.

2. NAHASDA requires that the FCAS be

provided for before allocating funds based on

need. Therefore, FCAS must be calculated

first. FCAS consists of two components,

Operating Subsidy (OPSUB) and

Modernization (MOD), such that:

FCAS = OPSUB + MOD.

3. OPSUB consists of three main parts:

number of Low-Rent units; number of

Section 8 units; and number of Mutual Help

and Turnkey III units. Each of these main

parts are adjusted by the national per unit

subsidy (§ 1000.302 National Per Unit

Subsidy) and local area costs as reflected by

the greater of the AEL factor 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

Fair Market Rent (FMR) and the national

weighted average for FMR.

OPSUB = [LR * LRSUB + (MH+TK) * HOSUB

+ 88 * S8SUB] * AELFMR

Where:

LR = number of Low-Rent units.

LRSUB = national per unit subsidy for LowRent units ($2,440*INF).

MH+TK = number of Mutual Help and

Turnkey III units.

HOSUB = national per unit subsidy for

Homeownership units ($528*INF).

S8 = number of Section 8 units.

S8SUB = national per unit subsidy for

Section 8 units = ($3,625*INF).

AELFMR = greater of AEL Factor or FMR

Factor weighted by national average of

AEL Factor 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 of AEL Factor or FMR factor.

Where:

INF = adjustment for inflation since 1995, as

determined by the 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 of Low-Rent, and

Mutual Help and Turnkey III FCAS units.

Each of these is adjusted by the national perunit modernization amount in 1996 adjusted

for inflation.

MOD1996 = [LR + MH+TK *MODPU *INF.

Where:

LR = number of Low-Rent units.

MH = number of Mutual-Help units.

TK = number of Turnkey 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 housing units on

October 1, 1997, as the annual average

amount they received for FYs 1992 through

1997 under the assistance program

authorized by section 14 of the 1937 Act (not

including emergency assistance).

MODAVG = Average (FY 1992 to FY 1997)

amount received by Section 14 of the

1937 Act.

c. For Indian tribes with an IHA that

owned or operated 250 or more public

housing units on October 1, 1997, the

modernization calculation is based on

MOD1996, adjusted for local area costs:

MOD = MOD1996* TDC/NTDC.

Where:

TDC = Local Total Development Costs

defined in § 1000.302.

NTDC = weighted national average for TDC

of tribes with CAS.

d. For Indian tribes with an IHA that

owned or operated fewer than 250 units on

October 1, 1997, the modernization

calculation is based on 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 of the formula can be

determined:

NEED FUNDS = APPROPRIATION -

NATCAS.

Where:

APPROPRIATION = dollars provided for

distribution through the IHBG formula.

NATCAS = National summation of FCAS

allocation for all tribes.

6. Two iterations are necessary to compute

the final Need allocation. The first iteration

consists of seven weighted criteria that

allocate need funds based on a tribe'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 of PER.

HHLE30 = AIAN households less than 30%

of median income.

NHHLE30 = national total of HHLE30.

HH30T50 = ALAN households 30% to 50%

of median income.

NHH30T50 = national total of HH30T50.

HH50T80 = ALAN households 50% to 80%

of median income.

NHH50T80 = national total of HH50T80.

OCRPR = AIAN households crowded or

without complete kitchen or plumbing.

NOCRPR = national total of OCRPR.

SCBTOT = ALAN households paying more

than 50% of their income for housing.

NSCBTOT = national total SCBTOT.

HOUSHOR = ALAN households with an

annual income less than or equal to 80%

of formula median income reduced by

the combination of current assisted stock

and units developed under NAHASDA.

NHOUSHOR = national total of HOUSHOR.

TDC = Local Total Development Costs

defined in § 1000.302.

NATDC = weighted national average for TDC

of tribes 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 FCAS component of the IHBG formula

and that can demonstrate the presence of any

households at or below 80 percent of median

income are guaranteed to receive no less than

a specified minimum amount under the

Needs component of the formula. The

specified minimum amount shall equal

.007826 percent of the available

appropriations for that fiscal year after set

asides.

MINFUNDING = APPROPRIATION*

.00007826

If in the first Need computation, a qualified

tribe is allocated less than the minimum

Needs funding level, its Need allocation will

go up. Other tribes whose Needs allocations

are greater than the minimum needs amount

will have their allocations adjusted

downward to keep the total allocation within

available funds:

20027
Federal Register/Vol. 72, No. 76/Friday, April 20, 2007/Rules and Regulations

If NEED1 < MINFUNDING and FCAS <

$200,000 and (HHLE30 + HH30T50 +

HH50T80) > 0, then NEED 2 =

MINFUNDING.

If NEED1 > = 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 of the differences

between MINFUNDING and NEED1.

OVERMIN$ = for all tribes with needs

allocations larger than the minimum

needs amount, the sum of the 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), if an

Indian tribe with 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 of the 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 of all 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 of their

unadjusted grant amounts.

10. As called 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 behalf in FY 1996 for

operating subsidy and modernization. Indian

tribes receiving more under the IHBG

formula than in FY 1996 "pay" for the

upwbrd adjustmentfor the other tribes by

having their grants adjusted downward, so

long as the adjustment does not reduce their

grant below the minimum funding amount.

Let TEST = GRANT1 - OPMOD96.

If TEST is less than 0, then GRANT2 =

OPMOD96.

If TEST is greater than 0 and GRANT1 >

MINFUNDING, then GRANT2 =

GRANT1 - [UNDER1996 * (TEST /

OVER1996)].

Where:

OPMOD96 = funding received by tribe in FY

1996 for Operating Subsidy and

Modernization.

UNDER1996 = for all tribes with TEST less

than 0, sum of the absolute value of

TEST.

OVER1996 = for all tribes with TEST greater

than 0, sum of TEST.

GRANT2 is the approximate grant amount in

any given year for any given tribe.

Dated: April 12, 2007.

Paula 0. Blunt,

General Deputy Assistant Secretary forPublic

and Indian Housing.

[FR Doc. E7-7470 Filed 4-19-07; 8:45 am]

BILLING CODE 4210-67-P

20028
Reader Aids Federal Register

Vol. 72, No. 76

Friday, April 20, 2007

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aids

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Presidential Documents

Executive orders and proclamations 741-6000

The United States Government Manual 741-6000

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FEDERAL REGISTER PAGES AND DATE, APRIL

15597-1 5804 ...................... 2

15805-16260 ................... : ..... 3"

16261-16694 ...................... 4

16695-16984 ...................... 5

16985-17352 ...................... 6

17353-17788. .......... 9

17789-18102 .................... 10

18103-18342 ................ 11

18343-18560 .................... 12

18561-18846 .................... 13

18847-1 9092 .................... 16

19093-19374 .................... 17

19375-19660 .................. 18

19661-19780 .................... 19

19781-20028 .................... 20

CFR PARTS AFFECTED DURING APRIL

At the end of 'ach month, the Office of the Federal Register

publishes separately a List of CFR Sections Affected (LSA), which

lists parts and sections affected by documents published since

the revision date of each title.

2 CFR

1880 ................................. 19783

3 CFR

Administrative Orders:

Presidential

Determinations:

No. 2007-16 of April

11, 2007 ....................... 19781

Proclamations:

8119 ................................. 16255

8120 ................................. 17785

8121 ......................... j ...... 17787

8122 ................................. 18341

8123 ................................. 19087

8124 ................................. 19089

8125 ................................. 19091

8126 ................................. 19779

Executive Orders:

13417 (See 13429) .......... 18101

13429 ............................... 18101

Administrative Orders:

Memorandums:

Memorandum of June

2, 2005 (See Memo.

of April 10, 2007) ......... 18561

Memorandum of

December 16, 2005

(See Memo. of April

10, 2007) ...................... 18561

Memorandum of March

23, 2007........................ 18103

Memorandum of April

10, 2007 ....................... 18561

Notices:

Notice of March 30,

2007 ............................. 15803

Notice of April 1,

2007 ............................. 16259

5 CFR

550 ................................... 19093

890 ................................... 19099

2634 ................................. 16985

2635 ................................. 16985

2636 ................................. 16985

3201 ................................. 19375

Proposed Rules:

1820 ................................. 18406

9501 ................................. 19126

6 CFR

27 ..................................... 17688

Ch. X ................ : ............... 17789

7 CFR

301 ................................... 15597

319 ................................... 15805

762 ................................... 17353

915 ................................... 16261

916 .................................. 18847

917 ................................... 18847

922 ..............................

16263

926 ..............................

16265

932 ..............................

18343

946 ..............................

17792

959 ..............................

17360

985 ..............................

18345

989 ..............................17362

1207 .............................

16267

Proposed Rules:

28 ..............................

19674

925 ..............................

18922

959 ..............................

17037

1942 .............................

19807

4284 .............................19807

3560 .............................

16730

8 CFR

103 ..............................19100

204 ..............................19100

214 ....................... 18856,19100

245 ..............................

19100

245a .............................

19100

9 CFR

105 ....... * ......................... 17795

115 ............ ................. 17795

202 ... ......... ................. 19108

Proposed Rules:

1 ...............................17814

10 CFR

72 ..............................

19109

300 ..............................

15598

490 ..............................

18860

Proposed Rules:

50 ..............................16731

73 ..............................

17440

11 CFR

104 ..............................

16695

111 .............................16695

12 CFR

4 .................. ................ 17 7 7 98

204 .............................

16987

208 ..............................

17798

211 .............................

17798

337......................... 17798

347 .............................

17798

563 ..............................

17798

563e .............................

19109

611 .............................

16699

612 ...................... : ............ 16699

614 ..............................

16699

615 ..............................

16699

618 ..............................

16699

619 ..............................

16699

620 ..............................

16699

630 .......... : ........................ 16699

652 ..............................

15812

655 ..............................

15812

915 ..............................

15600
ii Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Reader Aids

Proposed Rules:

40 ..................................... 16875

216 ................................... 16875

332 ................................... 16875

573 ................................... 16875

716 ................................... 16875

915 ................................... 15627

13 CFR

102 ................................... 17367

120 ................................... 18349

14 CFR

I ......................... : ............ 19661

25 ........ 18365,18372,18861

39 ....... 15603, 15812,15814,

15816,15818,15820,15822,

16699,16701,16703,16990,

16998,'17376,17379,18375,

18377,18380,18563,18565,

18566,18862,19110,19380,

19785,19788,19790

61 ..................................... 18556

63 ..................................... 18556

65 ..................................... 18556

71 ........... 15824,15825,16707,

16708,16709,16710,17804,

18383,18568

91 ......................... 16710,19382

95 ..................................... 18384

97 ............ 15825,18865,18867

121 ................................... 19793

135 ................................... 19793

136 ................................... 19382

187 ................................... 18556

331 .................................. 17381

401 ................................... 17001

404 ................................... 17001

405 ................................... 17001

406 ................................... 17001

413 ................................... 17001

415 ................................... 17001

420 ................................... 17001

431 ................................... 17001

437 ................................... 17001

1260 ................................. 19783

1265 ................................. 19783

1274 ................................. 19783

Proposed Rules:

23 ..................................... 18136

25 ........... 17441,18136, 18412,

18597,18923

33 ......................... 18136,18148

35 ..................................... 18136

39 ........... 15633,15635,15850,

16287, 16289,16741,16744,

16747,16749,17042,17045,

.17443,18155,18413,18415,

18598,18600,18925,19818,

19823,19826

61 ..................................... 18092

65 ..................................... 18092

67 ..................................... 18092

71 ..................................... 17445

183 .................................. 18092

15 CFR

19 ..................................... 18869

21 ..................................... 18869

22 ..................................... 18869

303 ................................... 16712

902 ................................... 18105

16 CFR

Proposed Rules:

313 ................................... 16875

17 CFR

30 ..................................... 17989

140 ................................... 16269

145 ................. 16269

200 ................. 16934

232 ................. 16934

240 ............................... 16934

249 .................................. 16934

Proposed Rules:

1 ........................... 15637,18316

3 ........................... 15637,18316

4 ........................... 15637,18316

15 ......................... 15637,18316

160 ................................... 16875

166 ....................... 15637,18316

248 ................................... 16875

18 CFR

35 ............ 18569,18880,19112

37 ............ 18569,18880,19112

40 ..................................... 16416

101 ....................... 16716,17393

381 ................................... 19116

388 ............................... 18572

1310 ................................. 18118

19 CFR

123 ................................... 18574

20 CFR

404 ................. 16720

416 ................................... 16720

21 CFR

179 ................................... 17394

510 ................................... 19665

520 ....................... 16270,19796

522 ....................... 19665,19796

524 ................................... 18118

556 ................................... 19797

558 .......... 16270,19665,19797

803 .................................. 17397

814 ................................... 17397

820 ................................... 17397

821 ................................... 17397

822 ................................... 17397

866 ................................... 15828

874 ................................... 17397

886 ................................... 17397

1002 ................................. 17397

1005 ................................. 17397

1020 ...................... : .......... 17397

1300 ................................. 17401

1313 ........ ....................... 17401

Proposed Rules:

179 .................................. 16291

22 CFR

126 ................................... 15830

504.................................. 19798

23 CFR

Proposed Rules:

637 ................................... 17447

24 CFR

92 ............... .................. 16678

115 ................................... 19070

234 ................................... 16688

1000 ................................. 20018

26 CFR

1 ............. 16878,17804,18386,

18575,19234

11 ..................................... 16878

ProposedRules:

1 ........................... 17814,18417

28 CFR

500 ................................... 16271

501 ................................... 16271

29 CFR

4022 ................................. 18576

4044 ................................. 18576

Proposed Rules:

570 ....................... 19328, 19337

1910 ................................. 18792

30 CFR

250 ................................... 18577

938 ................................... 19117

Proposed Rules:

291 ................................... 17047

946 ....................... 17449, 17452

31CFR

82 ..................................... 18880

538 ................................... 15831

560 ................................... 15831

32 CFR

310 ................................... 18758

706 ................................... 18119

Proposed Rules:

112 ................................... 19136

199 ................................... 18927

2 13 ................................... 194 11

232 ................................... 18157

33 CFR

100 ......... 15832, 17024, 18120,

18122

117 ......... 18884,18885,18887,

19666

160 ................................... 17409

165 ......... 15834, 15837, 16275,

16726,17024,18124,18126,

18585,18887,18889

Proposed Rules:

100 ......... 17062,17456,18170,

18422,18424

117 .......... 15852,16752,17065

147 ................................... 18929

165 ......... 16754,17458,18172,

18174,18176,18931,18933,

18935,19675

34 CFR

200 ................................... 17748

300 ................................... 17748

36 CFR

Proposed Rules:

261 ................................... 1564 1

1192 ................ 18179

37 CFR

1 ....................................... 18892

2 ....................................... 18907

7 ....................................... 18907

41 ..................................... 18892

Proposed Rules:

202 ................................... 16306

381 ................................... 19138

38 CFR

4 ....................................... 16728

17..... ... ............. ..... 18128

21 ......................... 16962,19383

39 CFR

20 ..................................16604

111 .................................18388

Proposed Rules:

111 .................................18179

40 CFR

52 ........... 15839,18389,18391,

18394,19383,19801

62 ..................................17025

63 ..................................

19385

65 ..................................19385

70 ..................................19804

174 ................................16277

180 ....................... 16281,18128

261 .................................17027

Proposed Rules:

52 ........... 17461,18426,18427,

18428,18434, 18602, 19144,

19413, 19424, 19435, 19828,

19829,19834

62 ..................................17068

63 ........................ 16636,19150

70 ................................. 19838

81 .......... 18434, 18602, 19413,

19424,19435

92 .................... 15938

94 ..................................15938

152 ....................... 16312,18191

156 ....................... 16312, 18191

167 ....................... 16312,18191

168 ....................... 16312,18191

169 ....................... 16312,18191

172 ....................... 16312,18191

174 ......... 16312,18191,19590,

19640

180 .................................17068

1033 ................................15938

1039 ................................15938

1042 ................................15938

1065 ................................15938

1068 ................................15938

41 CFR

302-17 .............................. 17410

Proposed Rules:

102-38 .............................. 15854

42 CFR

405 .................................18909

410 .................................18909

411 ....................... 17992,18909

414 ........................ 17992,18909

415 .................................18909

424 .................................18909

43 CFR

Proposed Rules:

10 ..................................18192

44 CFR

65 ..................................18587

67 ......................... 17413,17426

Proposed Rules:

67 ......................... 17463,19838

46 CFR

501 .................................15613

47 CFR

73 ......................... 16283,19387

90 ..................................19387

301 .................................18400

Proposed Rules:

73 ......................... 16315,19447
Federal Register/Vol. 72, No.,7Q!Friday, April 20, 2007/Reader Aids iii

76 ..................................... 19448

48 CFR

731 ................................... 19668

752 ................................. 19668

1523 ................................. 18401

1552 ................................. 18401

49 CFR

23 ..................................... 15614

26 ..................................... 15614

211 ................................... 17433

571 ................................. 17236

585 ................................... 17236

801 ................................... 18914

1002 ................................. 17032

Proposed Rules:

39 ..................................... 18614

107 ................................... 18446

171 ................................... 18446

172 ................................... 18446

173 ................................... 18446

176 ................................... 18446

178 ................................... 18446

180 ................................... 18446

385 ................................... 18615

386 ................................... 18615

390 ................................... 18615

392 ................................... 18615

393 ................................... 18615

396 ................................... 18615

544 ................................... 17465

1300 ................................. 16316

1313 ................................. 16316

50 CFR

17 ......................... 16284,18518

92 ..................................... 18318

229 ................................... 19671

270 ................................... 18105

300 ....................... 18404,19122

622 .......... 15617,18134,18593

648 .......... 17806,17807,18594

660 ................................... 19390

665 ..............................19123

679 ......... 15848,18135,18595,

18920

Proposed Rules:

17 ......................... 15857,16756

20 ...............................

18328

223 ..............................18616

224 ....................... 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 Pacific

fisheriesCoastal 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, and

lightingCommunications 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

This is a continuing list of

public bills from the current

session of Congress which

have become Federal laws. It

may be used in conjunction

with "P L US" (Public Laws

Update Service) on 202-741-

6043. This list is also

available online at http://

www.archives.gov/federalregister/laws.html.

The text of laws is not

published in the Federal

Register but may be ordered

in "slip law" (individual

pamphlet) form from the

Superintendent of Documents,

U.S. Government Printing

Office, Washington, DC 20402

(phone, 202-512-1808). The

text will also be made

available on the Intemet from

GPO Access at http://

www.gpoaccess.gov/plaws/

index.html. Some laws may

not yet be available.

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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Notification Service

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