56738 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Rules and Regulations 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own, or 

pursuant to policies established by the 

other Federal, State, or regional entities. 

The changes BFEs are in accordance 

with 44 CFR 65.4. 

National Environmental Policy Act. 

This interim rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This 

interim rule is not a significant 

regulatory action under the criteria of 

section 3(f) of Executive Order 12866 of 

September 30, 1993, Regulatory 

Planning and Review, 58 FR 51735. 

Executive Order 13132, Federalism. 

This interim rule involves no policies 

that have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This interim rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 65 

Flood insurance, Floodplains, 

Reporting and recordkeeping 

requirements. 

■ Accordingly, 44 CFR part 65 is 

amended to read as follows: 

PART 65—[AMENDED] 

■ 1. The authority citation for part 65 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows: 

State and county Location and 

case No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

California: San 

Diego.

Unincorporated 

areas of San 

Diego County (08– 

09–0782P).

August 18, 2008; August 25, 

2008; San Diego Union-Tribune.

The Honorable Greg Cox, Chairman, San 

Diego County Board of Supervisors, 

1600 Pacific Highway, Room 335, San 

Diego, CA 92101.

December 23, 2008 ........ 060284 

Colorado: El Paso ... City of Colorado 

Springs (07–08– 

0958P).

September 2, 2008; September 

9, 2008; The Gazette.

The Honorable Lionel Rivera, Mayor, City 

of Colorado Springs, P.O. Box 1575, 

Colorado Springs, CO 80901.

August 15, 2008 ............. 080060 

Iowa: Dallas ............. City of Granger (08– 

07–0907P).

August 21, 2008; August 28, 

2008; Northeast Dallas 

Record.

The Honorable James Doyle, Mayor, City 

of Granger, 1906 Main Street, Granger, 

IA 50109.

July 31, 2008 .................. 190104 

Oklahoma: Tulsa ..... City of Tulsa (08– 

06–1865P).

July 31, 2008; August 7, 2008; 

Tulsa World.

The Honorable Kathryn L. Taylor, Mayor, 

City of Tulsa, 200 Civic Center, Tulsa, 

OK 74103.

July 17, 2008 .................. 405381 

Texas: 

Brazos .............. City of Bryan (08– 

06–0692P).

August 7, 2008; August 14, 

2008; Bryan College Station 

Eagle.

The Honorable D. Mark Conlee, Mayor, 

City of Bryan, 300 South Texas Avenue, Bryan, TX 77803.

July 25, 2008 .................. 480082 

Brazos .............. City of College Station (08–06– 

1882P).

July 31, 2008; August 7, 2008; 

Bryan College Station Eagle.

The Honorable Ben White, Mayor, City of 

College Station, 1101 Texas Avenue, 

College Station, TX 77840.

December 5, 2008 .......... 480083 

Guadalupe ........ City of Cibolo (08– 

06–0784P).

August 20, 2008; August 27, 

2008; Seguin Gazette-Enterprise.

The Honorable Jennifer Hartman, Mayor, 

City of Cibolo, P.O. Box 826, Cibolo, 

TX 78108–0826.

December 26, 2008 ........ 480267 

Palo Pinto and 

Parker.

City of Mineral Wells 

(08–06–2504P).

September 2, 2008; September 

9, 2008; Mineral Wells Index.

The Honorable Clarence Holliman, Mayor, 

City of Mineral Wells, 115 Southwest 

First Street, Mineral Wells, TX 76067.

January 7, 2009 ............. 480517 

Virginia: Roanoke .... Unincorporated 

areas of Roanoke 

County (08–03– 

0782P).

August 15, 2008; August 22, 

2008; The Roanoke Times.

The Honorable Richard Flora, Chairman, 

Roanoke County Board of Supervisors, 

P.O. Box 29800, Roanoke, VA 24018.

December 22, 2008 ........ 510190 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: September 19, 2008. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E8–22951 Filed 9–29–08; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

46 CFR Part 390 

[Docket No. MARAD–2008–0075] 

RIN 2133–AB71 

Capital Construction Fund 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Final rule. 

SUMMARY: The Maritime Administration 

is issuing this final rule to implement 

provisions of the Energy Independence 

and Security Act of 2007 and amend the 

definition of a ‘‘qualified vessel’’ under 

the Capital Construction Fund. This rule 

is final because its underlying statutes 

leave no discretion; therefore, a notice 

of proposed rulemaking is not required. 

DATES: Effective Date: This final rule is 

effective September 30, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Murray Bloom, Chief, Division of 

Maritime Programs, Maritime 

Administration at 202–366–5320, via email at Murray.Bloom@dot.gov, or by 

writing to Murray Bloom, Office of the 

Chief Counsel, Maritime 

Administration, MAR–222, 1200 New 


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Jersey Avenue, SE., Washington, DC 

20590. 

SUPPLEMENTARY INFORMATION: 

Background 

The Capital Construction Fund allows 

a deferral of federal income tax 

provided that the amount of the tax 

deferral is deposited into a fund to be 

used for the purpose of acquiring, 

constructing or reconstructing U.S.- 

built, U.S.-documented vessels. Such 

vessels are called ‘‘qualified vessels,’’ 

and they must be operated in the United 

States foreign, Great Lakes or 

noncontiguous domestic trade. On 

December 19, 2007, the President signed 

Public Law 110–140, the Energy 

Independence and Security Act of 2007, 

which contains Title XI—Energy 

Transportation and Infrastructure, 

Subtitle C—Department of 

Transportation, authorizing the creation 

of a new Short Sea Transportation 

Program. The Short Sea Transportation 

Program establishes an expanded 

definition of a qualified vessel under the 

Capital Construction Fund. Public Law 

110–140 also expands the trade 

permitted to qualified vessels by 

allowing qualified vessels to operate in 

the short sea transportation trade in 

addition to the other trades presently 

permitted. Since Public Law 110–140 

specifically defines ‘‘short sea 

transportation trade,’’ this final rule 

merely amends the existing regulation 

by including the statutory definition 

and making other conforming changes. 

Separately, Congress enacted Public 

Law 109–304 to complete the 

codification of Title 46, United States 

Code. This statute restated section 607 

of the Merchant Marine Act, 1936, 

without substantive change. Section 607 

is now section 53501, et seq. This final 

rule updates the statutory references in 

the regulation to conform to the new 

codification. 

Rulemaking Analyses and Notices 

Executive Order 12866 (Regulatory 

Planning and Review), and Department 

of Transportation (DOT) Regulatory 

Policies; Public Law 104–121 

This rulemaking is not significant 

under section 3(f) of Executive Order 

12866 and as a consequence, OMB did 

not review the rule. This rulemaking is 

also not significant under the Regulatory 

Policies and Procedures of the 

Department of Transportation (44 FR 

11034; February 26, 1979). It is also not 

considered a major rule for purposes of 

Congressional review under Public Law 

104–121. The Maritime Administration 

believes that the economic impact of 

this rulemaking is so minimal as to not 

warrant the preparation of a full 

regulatory evaluation. This rulemaking 

amends the definition of a qualified 

vessel to conform to the newly enacted 

statute. 

Executive Order 13132 

We have analyzed this rulemaking in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’) and have 

determined that it does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. The 

regulations have no substantial effects 

on the States, the current Federal-State 

relationship, or the current distribution 

of power and responsibilities among 

various local officials. Therefore, 

consultation with State and local 

officials was not necessary. 

Executive Order 13175 

Executive Order 13175—Consultation 

and Coordination with Indian Tribal 

Governments, dated November 6, 2000, 

seeks to establish regular and 

meaningful consultation and 

collaboration with tribal officials in the 

development of Federal policies that 

have tribal implications, to strengthen 

the United States government-togovernment relationships with Indian 

tribes, and to reduce the imposition of 

unfunded mandates upon Indian tribes. 

Executive Order 13175 does not apply 

to this regulation as it does not affect, 

directly or indirectly, Indian tribes. 

Regulatory Flexibility 

The Regulatory Flexibility Act 

requires us to assess the impact that 

regulations will have on small entities. 

After analysis of this final rule, the 

Maritime Administrator certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Unfunded Mandates Reform Act of 

1995 

This final rule will not impose an 

unfunded mandate under the Unfunded 

Mandates Reform Act of 1995. It will 

not result in costs of $100 million or 

more, in the aggregate, to any of the 

following: State, local, or Native 

American tribal governments, or the 

private sector, and is the least 

burdensome alternative that achieves 

this objective of U.S. policy. Department 

of Transportation guidance requires the 

use of a revised threshold figure of 

$136.1 million, which is the value of 

$100 million in 2008 after adjusting for 

inflation. 

Environmental Assessment 

We have analyzed this final rule for 

purposes of compliance with the 

National Environmental Policy Act of 

1969 (NEPA) (42 U.S.C. 4321 et seq.) 

and we have concluded that, under the 

categorical exclusions provision in 

section 4.05 of Maritime Administrative 

Order (MAO) 600–1, ‘‘Procedures for 

Considering Environmental Impacts,’’ 

50 FR 11606 (March 22, 1985), neither 

the preparation of an Environmental 

Assessment, an Environmental Impact 

Statement, nor a Finding of No 

Significant Impact for this rulemaking is 

required. This final rule does not change 

the environmental effects of the current 

Capital Construction Fund program. 

This final rule implements a definition 

of a qualified vessel for the Capital 

Construction Fund. This rulemaking 

will not result, either individually or 

cumulatively, in a significant impact on 

the environment. 

Paperwork Reduction 

This rule does not establish a new 

requirement for the collection of 

information. Thus, the Office of 

Management and Budget (OMB) will not 

be requested to review and approve the 

information collection requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501, et seq.). 

Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN number contained in the 

heading of this document can be used 

to cross-reference this action with the 

Unified Agenda. 

Privacy Act 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(Volume 65, Number 70; Pages 19477– 

19478) or you may visit http:// 

www.regulations.gov. 

List of Subjects in 46 CFR Part 390 

Income taxes, Investments, Maritime 

carriers, Vessels. 

■ Accordingly, the Maritime 

Administration amends 46 CFR part 390 

as follows: 

PART 390—CAPITAL CONSTRUCTION 

FUND 

■ 1. The authority citation for part 390 

is amended to read as follows: 

Authority: Secs. 53501, et seq., of Title 46, 

United States Code, formerly, section 607, 


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Merchant Marine Act, 1936, as amended (46 

App. U.S.C. 1177); 49 CFR 1.66. 

■ 2. In the table below, for each section 

indicated in the left column, remove the 

phrase indicated in the middle column 

and add the phrase indicated in the 

right column: 

Section Remove Add 

390.2(a)(2)(i) ....................................................... section 2 of the Shipping Act, 1916 ................ 46 U.S.C. 50501. 

390.2(a)(2)(ii) ...................................................... section 607(k)(1) of the Act ............................. 46 U.S.C. 53501. 

390.2(a)(2)(iii) ..................................................... section 607(k)(2) of the Act ............................. 46 U.S.C. 53501(5). 

390.2(a)(2)(iii) ..................................................... section 607(k) of the Act .................................. 46 U.S.C. 53501. 

390.2(a)(2)(iii) ..................................................... section 905(a) of the Act ................................. 46 U.S.C. 109(b). 

390.3(a) .............................................................. section 101 of the Act ...................................... 46 U.S.C. 50501. 

390.3(b)(2)(i) ....................................................... Internal Revenue Code of 1954 ...................... Internal Revenue Code of 1986. 

390.5(a) .............................................................. section 607(k) of the Act .................................. 46 U.S.C. 53501. 

390.5(b)(2) introductory text ............................... section 607(b) of the Act ................................. 46 U.S.C. 53505. 

390.5(c)(2) introductory text ............................... section 607(f) of the Act .................................. 46 U.S.C. 53509. 

390.5(c)(3)(ii) ...................................................... section 506 of the Act ...................................... 46 U.S.C. 53101 note. 

390.5(c)(7)(ii)(A) ................................................. section 905 of the Act ...................................... 46 U.S.C. 109. 

390.7(a)(1) .......................................................... section 607(b) of the Act ................................. 46 U.S.C. 53505. 

390.7(a)(2) .......................................................... section 607(d) of the Act ................................. 46 U.S.C. 53507. 

390.7(b)(1) .......................................................... section 607(c) of the Act .................................. 46 U.S.C. 53506. 

390.7(c)(1) .......................................................... section 607(d)(2) of the Act ............................. 46 U.S.C. 53507(b). 

390.7(d)(1) .......................................................... section 607(c) of the Act .................................. 46 U.S.C. 53506. 

390.7(e)(1) .......................................................... section 607(a) of the Act ................................. 46 U.S.C. 53504. 

390.7(f)(1) ........................................................... section 607(b)(2) of the Act ............................. 46 U.S.C. 53505(b). 

390.7(h)(2) .......................................................... section 607(c) of the Act .................................. 46 U.S.C. 53506. 

390.7(i) ............................................................... Title XI of the Act ............................................. 46 U.S.C. Chapter 537. 

390.8(a) .............................................................. section 607(c) of the Act .................................. 46 U.S.C. 53506. 

390.8(b)(3)(ii) ...................................................... Internal Revenue Code of 1954 ...................... Internal Revenue Code of 1986. 

390.8(c)(4) .......................................................... Internal Revenue Code of 1954 ...................... Internal Revenue Code of 1986. 

390.9(a)(1) introductory text ............................... section 607(f) of the Act .................................. 46 U.S.C. 53509. 

390.9(a)(2) .......................................................... section 607(g) of the Act ................................. 46 U.S.C. 53510. 

390.9(b)(4) .......................................................... section 607(f)(1)(C) .......................................... 46 U.S.C. 53509(a)(2). 

390.9(c)(1) .......................................................... Internal Revenue Code of 1954 ...................... Internal Revenue Code of 1986. 

390.9(c)(4) .......................................................... Internal Revenue Code of 1954 ...................... Internal Revenue Code of 1986. 

390.10(a)(2) ........................................................ section 607(h) of the Act ................................. 46 U.S.C. 53511. 

390.11(c)(1) ........................................................ Internal Revenue Code of 1954 ...................... Internal Revenue Code of 1986. 

390.12(b)(2) ........................................................ Internal Revenue Code of 1954 ...................... Internal Revenue Code of 1986. 

390.13(a) ............................................................ section 607(f)(2) of the Act .............................. 46 U.S.C. 53509(c). 

Appendix I to Part 390 ....................................... section 2 of the Shipping Act, 1916 ................ 46 U.S.C. 50501. 

Appendix I to Part 390 ....................................... section 607(k) of the Act .................................. 46 U.S.C. 53501. 

Appendix I to Part 390 ....................................... section 607(f)(2) of the Act .............................. 46 U.S.C. 53509(c). 

Appendix I to Part 390I ...................................... section 607(k) of the Act .................................. 46 U.S.C. 53501. 

■ 3. Amend § 390.1 by: 

■ A. Revising paragraph (a)(1) and (b) to 

read as set forth below; 

■ B. Removing the phrase ‘‘Section 607’’ 

and adding in its place ‘‘Chapter 535’’ 

in paragraphs (a)(3) and (4); and 

■ C. Removing the phrase ‘‘Section 607 

of the Act’’ and adding in its place 

‘‘Chapter 535’’ in paragraph (c). 

§ 390.1 Scope of the regulations. 

(a) In general—(1) Scope. The 

regulations prescribed in this part 

govern the capital construction fund 

(‘‘fund’’) authorized by 46 U.S.C. 53501 

et seq. 

* * * * * 

(b) Act. For purposes of this part, the 

term Act shall mean Chapter 535 of 

Title 46, United States Code. 

* * * * * 

■ 4. Section 390.2 is amended by: 

■ A. Removing the phrase ‘‘section 607 

of the Act’’ and adding in its place 

‘‘Chapter 535’’ in paragraph (a)(2) 

introductory text; and 

■ B. Revising the last sentence of 

paragraph (a)(2)(iii) to read as follows: 

§ 390.2 Application for an agreement. 

(a) * * * 

(2) * * * 

(iii) * * * Such provisions state that 

the vessel will be operated in the United 

States foreign, Great Lakes, 

noncontiguous domestic, or short sea 

transportation trade as defined in 46 

U.S.C. 53501 and 46 U.S.C. 109(b); and 

* * * * * 

■ 5. Section 390.5 is amended by 

■ A. Revising paragraph (c)(1)(iii); 

■ B. Redesignating paragraphs (c)(6) 

through (c)(8) as paragraphs (c)(7) 

through (c)(9) and adding new 

paragraph (c)(6); 

■ C. Removing the phrase ‘‘section 607 

of the Act’’ and adding in its place 

‘‘Chapter 535’’ in newly redesignated 

paragraph (c)(7)(i); and 

■ D. Revising newly redesignated 

paragraphs (c)(7)(iv) and (c)(8)(iii); 

§ 390.5 Agreement vessel. 

* * * * * 

(c) * * * 

(1) * * * 

(iii) Operated in the United States 

foreign, Great Lakes, noncontiguous 

domestic, or short sea transportation 

trade. 

* * * * * 

(6) Short Sea Transportation Trade. 

The term short sea transportation trade 

means the carriage by vessel of cargo— 

(i) That is: 

(A) Contained in intermodal cargo 

containers and loaded by crane on the 

vessel; or 

(B) Loaded on the vessel by means of 

wheeled technology; and 

(ii) That is: 

(A) Loaded at a port in the United 

States and unloaded either at another 

port in the United States or at a port in 

Canada located in the Great Lakes Saint 

Lawrence Seaway System; or 

(B) Loaded at a port in Canada located 

in the Great Lakes Saint Lawrence 


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Seaway System and unloaded at a port 

in the United States.’’ 

(7) * * * 

(iv) Bunkering in support of nonqualified trade operations. 

(8) * * * 

(iii) Ship assist work, including 

lightering or shifting of a vessel at the 

end or beginning of a noncontiguous 

domestic, short sea transportation trade, 

Great Lakes or U.S. foreign trade voyage. 

In addition, the lightering of foreign-flag 

vessels in U.S. ports is permitted. 

* * * * * 

§ 390.12 [Amended] 

■ 6. In § 390.12, remove the phrase 

‘‘section 607 of the Act’’ and add in its 

place ‘‘Chapter 535’’ in paragraph (a)(1). 

Appendix I to Part 390—[Amended] 

■ 7. In Appendix I: 

■ A. Remove the phrase ‘‘section 607 of 

the Merchant Marine Act, 1936, as 

amended (46 U.S.C. 1177)’’ and add in 

its place ‘‘46 U.S.C. 53501 et seq.’’ 

wherever it may occur; and 

■ B. Remove ‘‘19ll’’ and add in its 

place ‘‘20ll’’ wherever it may occur. 

Appendix II to Part 390—[Amended] 

■ 8. In Appendix II: 

■ A. Remove the phrase ‘‘section 607 of 

the Merchant Marine Act, 1936, as 

amended (46 U.S.C. 1177)’’ and add in 

its place ‘‘46 U.S.C. 53501 et seq.’’ 

wherever it may occur; and 

■ B. Remove ‘‘19ll’’ and add in its 

place ‘‘20ll’’ wherever it may occur. 

Appendix IV to Part 390—[Amended] 

■ 9. In Appendix IV: 

■ A. Remove the phrase ‘‘Assistant 

General Counsel’’ and add in its place 

‘‘Assistant Chief Counsel’’ wherever it 

may occur; and 

■ B. Remove ‘‘19ll’’ and add in its 

place ‘‘20ll’’ wherever it may occur. 

Dated: September 18, 2008. 

By order of the Maritime Administrator. 

Leonard Sutter, 

Secretary, Maritime Administration. 

[FR Doc. E8–22235 Filed 9–29–08; 8:45 am] 

BILLING CODE 4910–81–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 63 

[WC Docket No. 02–313; DA 08–2112; FCC 

06–86] 

Biennial Regulatory Review of 

Regulations Administered by the 

Wireline Competition Bureau 

AGENCY: Federal Communications 

Commission. 

ACTION: Correcting amendments. 

SUMMARY: This document contains 

corrections to the final regulations, 

which were published in the Federal 

Register on November 9, 2006, 71 FR 

65743. The regulations related to rules 

that apply to the operations and 

activities of providers of 

telecommunications services. 

DATES: Effective on September 30, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Degani, Wireline Competition 

Bureau, Competition Policy Division, at 

(202) 418–2277 or via the Internet at 

nicholas.degani@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Commission published a 

document in the Federal Register on 

November 9, 2006, 71 FR 65743, 

summarizing the Commission’s Report 

and Order in WC Docket No. 02–313, 

released August 21, 2006. The Report 

and Order included drafting errors 

regarding where to send comments on 

the proposed discontinuance, reduction, 

or impairment of domestic service by a 

common carrier. On September 17, 

2008, the Commission published an 

erratum correcting the drafting errors. 

Need for Correction 

As published, the final regulations 

contain errors in the Commission’s zip 

code. 

List of Subjects in 47 CFR Part 63 

Telecommunications, Telephone. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

■ Accordingly, 47 CFR part 63 is 

corrected by making the following 

correcting amendments: 

PART 63—EXTENSION OF LINES, NEW 

LINES, AND DISCONTINUANCE, 

REDUCTION, OUTAGE AND 

IMPAIRMENT OF SERVICE BY 

COMMON CARRIERS; AND GRANTS 

OF RECOGNIZED PRIVATE 

OPERATING AGENCY STATUS 

■ 1. The authority citation for part 63 

continues to read as follows: 

Authority: Sections 1, 4(i), 4(j), 10, 11, 

201–205, 214, 218, 403, and 651 of the 

Communications Act of 1934, as amended, 

47 U.S.C. 151, 154(i), 154(j), 160, 161, 201– 

205, 214, 218, 403, and 571, unless otherwise 

noted. 

■ 2. Section 63.71 is amended by 

revising the third sentence in paragraph 

(a)(5)(i) and the third sentence in 

paragraph (a)(5)(ii) to read as follows: 

§ 63.71 Procedures for discontinuance, 

reduction or impairment of service by 

domestic carriers. 

* * * * * 

(a) * * * 

(5) * * * 

(i) * * * Address them to the Federal 

Communications Commission, Wireline 

Competition Bureau, Competition 

Policy Division, Washington, DC 20554, 

and include in your comments a 

reference to the § 63.71 Application of 

(carrier’s name). * * * 

(ii) * * * Address them to the Federal 

Communications Commission, Wireline 

Competition Bureau, Competition 

Policy Division, Washington, DC 20554, 

and include in your comments a 

reference to the Section 63.71 

Application of (carrier’s name). * * * 

* * * * * 

[FR Doc. E8–22803 Filed 9–29–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 593 

[Docket No. NHTSA–2008–0134] 

List of Nonconforming Vehicles 

Decided To Be Eligible for Importation 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Final rule. 

SUMMARY: This document revises the list 

of vehicles not originally manufactured 

to conform to the Federal motor vehicle 

safety standards (FMVSS) that NHTSA 

has decided to be eligible for 

importation. This list is published in an 

appendix to the agency’s regulations 

that prescribe procedures for import 

eligibility decisions. The list has been 

revised to add all vehicles that NHTSA 

has decided to be eligible for 

importation since October 1, 2007, and 

to remove all previously listed vehicles 

that are now more than 25 years old and 

need no longer comply with all 

applicable FMVSS to be lawfully 

imported. NHTSA is required by statute 

to publish this list annually in the 

Federal Register. 

DATES: The revised list of import eligible 

vehicles is effective on September 30, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Coleman Sachs, Office of Vehicle Safety 

Compliance, NHTSA, (202) 366–3151. 

SUPPLEMENTARY INFORMATION: Under 49 

U.S.C. 30141(a)(1)(A), a motor vehicle 

that was not originally manufactured to 


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