Federal Register notice-of updated technical guidelines -RIN 1901-AB23

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

30 days after publication in the Federal
Register.
We will consider comments we
receive during the comment period for
this interim rule (see DATES above).
After the comment period closes, we
will publish another document in the
Federal Register. The document will
include a discussion of any comments
we receive and any amendments we are
making to the rule.
Executive Order 12866 and Regulatory
Flexibility Act
This rule has been reviewed under
Executive Order 12866. For this action,
the Office of Management and Budget
has waived its review under Executive
Order 12866.
This emergency situation makes
timely compliance with section 604 of
the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) impracticable. We are
currently assessing the potential
economic effects of this action on small
entities. Based on that assessment, we
will either certify that the rule will not
have a significant economic impact on
a substantial number of small entities or
publish a regulatory flexibility analysis.
Executive Order 12372
This program/activity is listed in the
Catalog of Federal Domestic Assistance
under No. 10.025 and is subject to
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials. (See 7 CFR part
3015, subpart V.)
Executive Order 12988

Paperwork Reduction Act
This interim rule contains no
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).

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List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
Accordingly, we are amending 7 CFR
part 301 as follows:

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15:27 Mar 30, 2007

1. The authority citation for part 301
continues to read as follows:

■

Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75–15 issued under sec. 204,
Title II, Public Law 106–113, 113 Stat.
1501A–293; sections 301.75–15 and 301.75–
16 issued under sec. 203, Title II, Public Law
106–224, 114 Stat. 400 (7 U.S.C. 1421 note).
■ 2. In § 301.53–3, paragraph (c) is
amended by adding, in alphabetical
order, an entry for Illinois, and by
revising the entries for Indiana and Ohio
to read as follows:

§ 301.53–3

*

Quarantined Areas.

*
*
(c) * * *

*

*

I. Background
II. Summary and Response to Comments
III. Congressional Notification
IV. Approval of the Office of Secretary

Illinois
The entire State.
Indiana
The entire State.
*
*
*
*

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I. Background
*

Ohio
The entire State.
Done in Washington, DC, this 27th day of
March 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–6007 Filed 3–30–07; 8:45 am]
BILLING CODE 3410–34–P

DEPARTMENT OF ENERGY

RIN 1901–AB23

Corrections and Updates to Technical
Guidelines for Voluntary Greenhouse
Gas Reporting
Office of Policy and
International Affairs, Department of
Energy.
ACTION: Final rule.
AGENCY:

SUMMARY: The Department of Energy
(DOE) published an interim final rule on
January 31, 2007, to correct, update, and
make clarifying changes to Technical
Guidelines used for reporting under the
Voluntary Reporting of Greenhouse
Gases Program authorized by section
1605(b) of the Energy Policy Act of
1992. The Technical Guidelines were
incorporated by reference in final
program guidelines that were published
on April 21, 2006, and placed in the
Code of Federal Regulations (CFR). In
accordance with the rules governing
incorporation by reference in the CFR,

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DOE is required to amend its program
regulations to reflect any update of the
Technical Guidelines. DOE now
discusses the comments received in
response to the interim final rule, and
adopts that rule as final without change.
DATES: Effective April 2, 2007, the
interim rule published on January 1,
2007 (72 FR 4211), which became
effective March 2, 2007, is confirmed as
final.
FOR FURTHER INFORMATION CONTACT:
Stephen Eule, PI–63, Office of Policy
and International Affairs, U.S.
Department of Energy, 1000
Independence Avenue, SW.,
Washington DC 20585, or e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:

10 CFR Part 300

This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule: (1) Preempts all State
and local laws and regulations that are
inconsistent with this rule; (2) has no
retroactive effect; and (3) does not
require administrative proceedings
before parties may file suit in court
challenging this rule.

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PART 301—DOMESTIC QUARANTINE
NOTICES

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Section 1605(b) of the Energy Policy
Act of 1992 directed DOE to issue
guidelines establishing a voluntary
greenhouse gas reporting program (42
U.S.C. 13385(b)). On February 14, 2002,
the President directed DOE, together
with other involved Federal agencies, to
recommend reforms to enhance the
Voluntary Reporting of Greenhouse
Gases Program established by DOE in
1994. On April 21, 2006, following a
lengthy public review process, DOE
published revised final General
Guidelines for Voluntary Greenhouse
Gas Reporting (71 FR 20784). Those
guidelines incorporated by reference
detailed Technical Guidelines, dated
March 2006, that are needed to fully
implement the revised Voluntary
Reporting of Greenhouse Gases Program.
Subsequent to the April 21, 2006
publication of the revised final General
Guidelines and during preparation of
new forms and instructions for
reporting, DOE identified a number of
errors and inconsistencies in the
Technical Guidelines that warranted
correction or clarification. To ensure
that any revision of the March 2006
Technical Guidelines addressed as
many of these problems as possible, on
August 3, 2006, DOE sent a message by
electronic mail to all persons who had
previously expressed an interest in the
guidelines and requested that they
identify any needed technical
corrections, clarifications,
interpretations or other changes to the
guidelines. Subsequently, DOE received
communications that recommended
additional corrections and other
changes for consideration.

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

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Following a careful review of the
recommended corrections and other
suggested changes, DOE made those
modifications to the Technical
Guidelines that it believed were
necessary to correct all the identified
errors and inconsistencies or other
ambiguities, while adhering to the
essential language and intent of the
March 2006 version of the Technical
Guidelines. The updated version of the
Technical Guidelines is dated January
2007. As required by the regulations of
the Administrative Committee of the
Federal Register, DOE sent the January
2007 update of the Technical Guidelines
to the Director of the Federal Register
and obtained his approval of the
incorporation by reference of the
January 2007 Technical Guidelines in
the regulations for the section 1605(b)
program that are published in the
Federal Register and the Code of
Federal Regulations. On January 31,
2007, DOE published an interim final
rule with opportunity for comment that
changed the date of the Technical
Guidelines incorporated by 10 CFR
300.13 from March 2006 to January
2007. (72 FR 4411.)
II. Summary and Response to
Comments
DOE received six sets of comments in
response to the interim final rule. All of
the comments are posted on the internet
at the following website: http://
www.pi.energy.gov/
enhancingGHGregistry/
comments2007.html. None of the
comments identified errors or
inconsistencies in the January 2007
Technical Guidelines that would impair
their implementation by the Energy
Information Administration (EIA). DOE
has decided not to adopt changes at this
time so that EIA can complete the forms,
instructions, and software expeditiously
to permit reporting under the new
guidelines in 2007 for the 2006
reporting year. However, some of the
comments did identify further
corrections or updates that may be
warranted some time in the future. The
specific comments provided fall into
four main categories; those that:
• Identified inconsistencies, drafting
errors or clarity problems in the
Technical Guidelines that may warrant
further corrections.
• Proposed to add or reference new
measurement methods or calculation
tools.
• Sought to reopen some issues that
had been previously resolved during the
development of the guidelines
published on April 21, 2006.
• Proposed changes that exceed the
DOE’s statutory authority.

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Possible Further Corrections. The
comments submitted by the Edison
Electric Institute and supported by
comments from Ameren identified a
number of additional, but comparatively
minor inconsistencies, drafting errors or
clarity problems in the January 2007
Technical Guidelines that may warrant
further corrections. Comments by the
American Forest and Paper Association
(AF&PA) also identified a reference in
the Forestry appendix that requires
updating as well as an inconsistency
between the terminology used in the
Technical Guidelines and that used by
the industry to refer to ‘‘spent pulping
liquors’’.
DOE sees the value of making most of
the changes that fall into this category,
although none of these changes are
necessary to enable the EIA to initiate
reporting under the corrected Technical
Guidelines dated January 2007. Since
making these changes at this time could
cause some confusion among
prospective reporters and may further
delay EIA’s efforts to finalize its revised
reporting forms and instructions, DOE
has decided not to implement these
changes at this time. Instead, DOE plans
to address these changes when DOE
proposes its first substantive
amendments to the guidelines pursuant
to 10 CFR 300.1(f).
Measurement Methods or Calculation
Tools. Comments submitted by Beta
Analytic, Inc., proposed that the
guidelines be amended to recognize a
new method for measuring biogenic or
carbon-neutral CO2 or methane
emissions which represent part, but not
all, of various emission streams.
Similarly, AF&PA’s comments
recommended that a specific calculation
tool developed by the International
Council of Forests and Paper
Associations be referenced in the
Technical Guidelines as an acceptable
model for estimating the harvested
wood products pool.
While the amendments proposed by
Beta Analytic, Inc., and AF&PA may be
worthwhile, they are outside the scope
of this rulemaking, which is limited to
correcting factual and drafting errors,
eliminating inconsistencies, updating
certain existing references, clarifying
intent, and modifying or eliminating
certain inappropriate calculation
methods. Those organizations may
formally propose that DOE adopt these
methods when it undertakes to make
substantive revisions to the guidelines
pursuant to 10 CFR 300.1(f). Proposed
calculation methods should be
submitted in writing to the Assistant
Secretary for Policy and International
Affairs, 1000 Independence Ave., SW.,
Washington, DC, 20585, with an

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15599

electronic copy sent to
[email protected].
DOE will consider all such proposed
methods. Any such proposal will be
subject to public review and comment.
If adopted, new calculation methods
would be implemented as soon as
practicable.
Issues Previously Resolved. The
comments submitted by AF&PA also
raised two issues that were previously
considered and resolved during the
development of the revised General
Guidelines and Technical Guidelines
that were published in April 2006. One
issue concerns the treatment of carbon
harvested from sustainably managed
forests that is ultimately included in
various long lived wood products.
AF&PA proposed a change that would
enable such carbon to be counted
toward an entity’s emission reductions,
although the initial March 2006
Technical Guidelines and the January
2007 revised Technical Guidelines
exclude such treatment. The other issue
concerns the value to be used to
represent the transmission and
distribution losses associated with offsite combined heat and power plants.
This value was also set by the March
2006 Technical Guidelines and was not
changed in the January 2007 Technical
Guidelines.
Section 300.1(f) of the General
Guidelines indicates that DOE intends
to periodically review and update the
General Guidelines and Technical
Guidelines, and that it anticipates that
these reviews will occur approximately
every three years. During these periodic
reviews, DOE may reconsider any of the
issues initially resolved by the April
2006 guidelines. DOE will solicit
stakeholder input at the start of any
such review process.
Changes that Exceed DOE’s Statutory
Authority. One commenter
recommended that DOE change this
program from a voluntary reporting
program to one that is mandatory. Such
a change would clearly exceed DOE’s
existing statutory authority under
section 1605(b) of the Energy Policy Act
of 1992.
Conclusion. Based on a review of the
six comments received, DOE has
decided not to make any changes at this
time to the January 2007 Technical
Guidelines, which became effective on
March 2, 2007. When DOE proposes
amendments to add new measurement
methods or calculation tools to the
January 2007 Technical Guidelines, it
may incorporate some of the corrections
suggested in the public comments
summarized above.

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

III. Congressional Notification
As required by 5 U.S.C. 801, DOE will
submit to Congress a report regarding
the issuance of today’s final rule. The
report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 801(2).
IV. Approval of the Office of the
Secretary
The Secretary of Energy has approved
the publication of this final rule.
List of Subjects in 10 CFR part 300
Administrative practice and
procedure, Energy, Gases, Incorporation
by reference, Reporting and
recordkeeping requirements.
Issued in Washington, DC on March 27,
2007.
Katharine A. Fredriksen,
Acting Assistant Secretary for Policy and
International Affairs.

Accordingly, the interim final rule
amending part 300 of title 10, chapter II,
subchapter B of the Code of Federal
Regulations, that was published at 72
FR 4411 on January 31, 2007, is adopted
as a final rule without change.

■

[FR Doc. E7–6038 Filed 3–30–07; 8:45 am]
BILLING CODE 6450–01–P

FEDERAL HOUSING FINANCE BOARD
12 CFR Part 915
[No. 2007–04]
RIN 3069–AB–33

Federal Home Loan Bank Appointive
Directors
AGENCY:

Federal Housing Finance

Board.

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ACTION:

Final rule.

SUMMARY: The Federal Housing Finance
Board (Finance Board) is issuing a final
regulation that is substantially the same
as the interim final rule that established
a process for the appointment of
directors to the Federal Home Loan
Banks (Bank or Banks), which was
adopted on January 24, 2007. The final
rule makes two changes to the interim
rule, regarding the number of nominees
to be submitted and the date by which
nominations must be submitted. Both
changes are being made in response to
comments received on the interim final
rule.
DATES: Effective Date: The final rule is
effective April 2, 2007.
FOR FURTHER INFORMATION CONTACT: Neil
R. Crowley, Acting General Counsel,
202–408–2990, [email protected]; or
Thomas P. Jennings, Senior Attorney

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Advisor, Office of General Counsel,
202–408–2553, [email protected]. You
can send mail to the Federal Housing
Finance Board, 1625 Eye Street, NW.,
Washington, DC 20006.
SUPPLEMENTARY INFORMATION:
I. Background and Legal Authority
Section 7(a) of the Federal Home Loan
Bank Act (Bank Act) (12 U.S.C. 1427(a))
authorizes the Finance Board to appoint
directors to the board of each Bank.
Section 7(f)(2) of the Bank Act (12
U.S.C. 1427(f)(2)) authorizes the Finance
Board to fill any vacancy in an
appointive directorship for the
remainder of its unexpired term. The
Finance Board has determined that
adopting procedures for the selection of
appointive directors will enhance its
ability to identify and appoint wellqualified individuals to serve as Bank
directors.
Accordingly, on January 24, 2007 (72
FR 3028) the Finance Board issued an
interim final rule that amended 12 CFR
915.10 to adopt procedures under which
the board of directors of each Bank has
to submit to the Finance Board a list of
individuals to be considered for
appointment to the board of the Bank.
The list is to include information
regarding each individual’s eligibility
and qualifications to serve as an
appointive director, and the Finance
Board will use that information in
making its appointments to the boards.
The interim rule set an initial deadline
of March 31, 2007, by which the Banks
are to provide a list of nominees to the
Finance Board for the directorships that
are currently vacant.
At the time that it published the
interim final rule, the Finance Board
requested comments from the public
and established a 30-day comment
period, which expired on February 23,
2007.
II. Analysis of the Public Comments
The Finance Board received 8
comment letters in response to the
interim rule. Three letters were
submitted by Banks, 1 by a member of
a Bank, 3 from trade associations, and
1 from a community organization. All of
the comments were supportive of the
rule, but also suggested certain revisions
to the rule.
One issue commenters raised relates
to section 915.10(b), which gives the
Finance Board the discretion to request
additional names from any Bank if the
Finance Board does not fill all vacant
appointive directorships from the names
the Bank initially submits. Certain of the
comment letters objected to the
permissive nature of the provision,
contending that the provision should be

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mandatory, i.e., that the final rule
should require the Finance Board to
seek additional names only from the
Banks and should preclude it from
considering prospective directors from
other sources. For the reasons noted
below, the Finance Board has
determined to retain the language of the
interim rule.
In adopting section 7 of the Bank Act
(12 U.S.C. 1427), Congress vested the
power to appoint Bank directors solely
in the Finance Board. To revise the rule
in the manner suggested would
preclude the Finance Board from ever
considering other sources for
prospective appointive directors. Such a
limitation likely would impair the
Finance Board’s ability to carry out its
statutory responsibility. As a practical
matter, the Finance Board fully expects
that the Banks will make every effort to
submit well-qualified nominees for the
appointive directorships, both in their
initial submissions and in response to
any subsequent request from the
Finance Board. In the event that a Bank
does not do so, however, the Finance
Board believes that it must reserve the
right to consider nominees from other
sources in order to carry out its own
responsibilities.
A second issue raised by the comment
letters relates to the number of
nominees a Bank must submit for the
number of directorships to be filled.
Section 915.10(a)(3) of the interim rule
requires each Bank to submit twice as
many nominees as there are appointive
directorships to be filled at the Bank.
Three commenters suggested that the
rule be changed to require the
submission of only 1 nominee per
directorship to be filled. These
commenters believed that the Banks are
more likely to find well qualified
persons who are willing to serve if those
persons have some reasonable
expectation of being chosen if they agree
to be nominated. These commenters
noted that the interim rule created a
process in which half of all nominees
would be rejected, and contended that
such a process would have a chilling
effect on prospective nominees’
willingness to go through the
nominations process.
Another commenter urged the
Finance Board to require at least twice
as many nominees as there are
directorships to be filled, particularly
with respect to the community interest
directorships. That commenter reasoned
that doing so would help to maintain
the independence of the community
interest appointive directors by
lessening the degree of control that the
Banks would have over their selection.
Another commenter proposed that the

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