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									                                        1976                 Federal Register / Vol. 73, No. 8 / Friday, January 11, 2008 / Rules and Regulations

                                        II. Administrative Procedure Act                        Subpart I—Anti-Money Laundering                        regulations.gov. Although listed in the
                                                                                                Programs                                               index, some information is not publicly
                                           Under the Administrative Procedure
                                                                                                                                                       available, e.g., Confidential Business
                                        Act (‘‘APA’’), notice of a proposed                     § 103.170    [Amended]                                 Information (CBI) or other information
                                        rulemaking is not required when the
                                                                                                ■ 2. Section 103.170 is amended by:                    whose disclosure is restricted by statute.
                                        agency, for good cause, finds ‘‘that
                                                                                                ■ a. Removing paragraphs (b)(1)(i) and                 Certain other material, such as
                                        notice and public procedure thereon are
                                                                                                (b)(1)(ix); and                                        copyrighted material, is not placed on
                                        impracticable, unnecessary, or contrary                 ■ b. Redesignating paragraphs (b)(1)(ii)               the Internet and will be publicly
                                        to the public interest.’’ 8 FinCEN is                   as (b)(1)(i); (b)(1)(iii) as (b)(1)(ii);               available only in hard copy form.
                                        making technical amendments to the                      (b)(1)(iv) as (b)(1)(iii); (b)(1)(v) as                Publicly available docket materials are
                                        Temporary Exemption Rule to ensure                      (b)(1)(iv); (b)(1)(vi) as (b)(1)(v); (b)(1)(vii)       available in the electronic docket at
                                        that the list of temporarily exempted                   as (b)(1)(vi); (b)(1)(viii) as (b)(1)(vii);            http://www.regulations.gov, or, if only
                                        financial institutions is accurate and not              (b)(1)(x) as (b)(1)(viii); (b)(1)(xi) as               available in hard copy, at the OPP
                                        confusing. FinCEN, therefore, finds that                (b)(1)(ix); and (b)(1)(xii) as (b)(1)(x).              Regulatory Public Docket in Rm. S–
                                        publishing the amendments for                                                                                  4400, One Potomac Yard (South Bldg.),
                                        comment is unnecessary.                                   Dated: December 20, 2007.
                                                                                                James H. Freis, Jr.,
                                                                                                                                                       2777 S. Crystal Dr., Arlington, VA. The
                                           In addition, publication of a                                                                               Docket Facility is open from 8:30 a.m.
                                        substantive rule not less than 30 days                  Director, Financial Crimes Enforcement
                                                                                                Network.
                                                                                                                                                       to 4 p.m., Monday through Friday,
                                        before its effective date is required by                                                                       excluding legal holidays. The Docket
                                        the APA except as otherwise provided                    [FR Doc. E8–315 Filed 1–10–08; 8:45 am]
                                                                                                                                                       Facility telephone number is (703) 305–
                                        by the agency for good cause.9 For the                  BILLING CODE 4810–02–P
                                                                                                                                                       5805.
                                        same reasons described above with
                                                                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                        respect to notice and opportunity for
                                                                                                                                                       Susan Stanton, Registration Division
                                        comment, FinCEN finds that there is                     ENVIRONMENTAL PROTECTION                               (7505P), Office of Pesticide Programs,
                                        good cause for making these technical                   AGENCY                                                 Environmental Protection Agency, 1200
                                        amendments effective on January 11,
                                                                                                40 CFR Part 180                                        Pennsylvania Ave., NW., Washington,
                                        2008.
                                                                                                                                                       DC 20460–0001; telephone number:
                                        III. Regulatory Flexibility Act                         [EPA–HQ–OPP–2007–0546; FRL–8347–7]                     (703) 305-5218; e-mail address:
                                          Because no notice of proposed                                                                                stanton.susan@epa.gov.
                                                                                                Thiabendazole; Threshold of
                                        rulemaking is required for this final                   Regulation Determination                               SUPPLEMENTARY INFORMATION:
                                        rule, the provisions of the Regulatory                                                                         I. General Information
                                        Flexibility Act (5 U.S.C. 601 et seq.) do               AGENCY:  Environmental Protection 

                                        not apply.10                                            Agency (EPA). 
                                        A. Does this Action Apply to Me?
                                                                                                ACTION: Final rule. 
                                     You may be potentially affected by
                                        IV. Executive Order 12866
                                                                                                SUMMARY: This regulation establishes by                this action if you are an agricultural
                                          This final rule is not a ‘‘significant                                                                       producer, food manufacturer, or
                                        regulatory action’’ as defined in                       rule that there is no need for a tolerance
                                                                                                or tolerance exemption under the                       pesticide manufacturer. Potentially
                                        Executive Order 12866. Accordingly, a                                                                          affected entities may include, but are
                                        regulatory assessment is not required.                  Federal Food Drug and Cosmetic Act
                                                                                                (FFDCA) for the use of the fungicide                   not limited to those engaged in the
                                        List of Subjects in 31 CFR Part 103                     thiabendazole as a seed treatment on                   following activities:
                                                                                                dry peas. This determination is based on                  • Crop production (NAICS code 111),
                                          Banks and banking, Brokers, Counter                                                                          e.g., agricultural workers; greenhouse,
                                        money laundering, Counter-terrorism,                    EPA’s finding that any residues that
                                                                                                remain in food from this use will be                   nursery, and floriculture workers;
                                        Currency, Foreign banking, Reporting                                                                           farmers.
                                                                                                both non-detectable and below the level
                                        and recordkeeping requirements.                                                                                   • Animal production (NAICS code
                                                                                                of regulatory concern.
                                        Authority and Issuance                                                                                         112), e.g., cattle ranchers and farmers,
                                                                                                DATES: This regulation is effective                    dairy cattle farmers, livestock farmers.
                                        ■ For the reasons set forth above,                      January 11, 2008. Objections and                          • Food manufacturing (NAICS code
                                        FinCEN is amending 31 CFR part 103 as                   requests for hearings must be received                 311), e.g., agricultural workers; farmers;
                                        follows:                                                on or before March 11, 2008, and must                  greenhouse, nursery, and floriculture
                                                                                                be filed in accordance with the                        workers; ranchers; pesticide applicators.
                                        PART 103—FINANCIAL                                      instructions provided in 40 CFR part                      • Pesticide manufacturing (NAICS
                                        RECORDKEEPING AND REPORTING                             178 (see also Unit I.C. of the                         code 32532), e.g., agricultural workers;
                                        OF CURRENCY AND FOREIGN                                 SUPPLEMENTARY INFORMATION ).                           commercial applicators; farmers;
                                        TRANSACTIONS                                            ADDRESSES: EPA has established a                       greenhouse, nursery, and floriculture
                                                                                                docket for this action under docket                    workers; residential users.
                                        ■ 1. The authority citation for part 103                identification (ID) number EPA–HQ–                        This listing is not intended to be
                                        continues to read as follows:                           OPP–2007–0546. To access the                           exhaustive, but rather to provide a guide
                                          Authority: 12 U.S.C. 1829b and 1951–1959;             electronic docket, go to http://                       for readers regarding entities likely to be
                                        31 U.S.C. 5311–5314 and 5316–5332; title III,           www.regulations.gov, select ‘‘Advanced                 affected by this action. Other types of
                                        secs. 311, 312, 313, 314, 319, 326, 352, Pub.           Search,’’ then ‘‘Docket Search.’’ Insert               entities not listed in this unit could also
                                        L. 107–56, 115 Stat. 307.                               the docket ID number where indicated                   be affected. The North American
                                                                                                and select the ‘‘Submit’’ button. Follow               Industrial Classification System
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                                            85U.S.C. 553(b).                                    the instructions on the regulations.gov                (NAICS) codes have been provided to
                                            95U.S.C. 553(d).
                                          10 See 5 U.S.C. 601(2) (for purposes of Regulatory
                                                                                                website to view the docket index or                    assist you and others in determining
                                        Flexibility Act analyses, the term ‘‘rule’’ means any
                                                                                                access available documents. All                        whether this action might apply to
                                        rule for which the agency publishes a general notice    documents in the docket are listed in                  certain entities. If you have any
                                        of proposed rulemaking).                                the docket index available in                          questions regarding the applicability of


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                                                            Federal Register / Vol. 73, No. 8 / Friday, January 11, 2008 / Rules and Regulations                                            1977

                                        this action to a particular entity, consult             arrangements should be made for                        IV. Statutory and Executive Order
                                        the person listed under FOR FURTHER                     deliveries of boxed information. The                   Reviews
                                        INFORMATION CONTACT.                                    Docket Facility telephone number is                       The Office of Management and Budget
                                                                                                (703) 305–5805.                                        (OMB) has exempted these types of
                                        B. How Can I Access Electronic Copies
                                        of this Document?                                       II. Background                                         actions from review under Executive
                                          In addition to accessing an electronic                   In the Federal Register of October 3,               Order 12866, entitled Regulatory
                                        copy of this Federal Register document                  2007 (72 FR 56325) (FRL–8151–6), EPA                   Planning and Review (58 FR 51735,
                                        through the electronic docket at http://                issued a proposed rule pursuant to                     October 4, 1993, as amended by
                                        www.regulations.gov, you may access                     sections 408(e) and 701(a) of the Federal              Executive Order 13422, 72 FR 2763,
                                        this Federal Register document                          Food, Drug, and Cosmetic Act (FFDCA).                  January 18, 2007). Because this rule has
                                        electronically through the EPA Internet                 The proposed rule explained the                        been exempted from review under
                                        under the ‘‘Federal Register’’ listings at              Agency’s determination that the use of                 Executive Order 12866, this rule is not
                                        http://www.epa.gov/fedrgstr. You may                    the fungicide thiabendazole [2-(4-                     subject to Executive Order 13211,
                                        also access a frequently updated                        thiazolyl)benzimidazole] as a seed                     Actions Concerning Regulations That
                                        electronic version of EPA’s tolerance                   treatment on dry peas does not need an                 Significantly Affect Energy Supply,
                                        regulations at 40 CFR part 180 through                  FFDCA tolerance or tolerance                           Distribution or Use (66 FR 28355), May
                                        the Government Printing Office’s pilot                  exemption based on EPA’s finding that                  22, 2001 or Executive Order 13045,
                                        e-CFR site at http://www.gpoaccess.gov/                 any residues that remain in food from                  entitled Protection of Children from
                                        ecfr.                                                   this use will be both non-detectable and               Environmental Health Risks or Safety
                                                                                                below the level of regulatory concern.                 Risks (62 FR 19885, April 23, 1997).
                                        C. Can I File an Objection or Hearing                   The proposed rule included a                           This rule does not contain any
                                        Request?                                                discussion of the Agency’s threshold of                information collections subject to OMB
                                          Under section 408(g) of FFDCA, any                    regulation (TOR) policy and identified                 approval under the Paperwork
                                        person may file an objection to any                     the information (including toxicity data,              Reduction Act (PRA), 44 U.S.C. 3501 et
                                        aspect of this regulation and may also                  residue data and the analytical method)                seq., nor does it require any special
                                        request a hearing on those objections.                  that EPA relied on in making this TOR                  considerations under Executive Order
                                        You must file your objection or request                 determination; it also established a 60–               12898, entitled Federal Actions to
                                        a hearing on this regulation in                         day public comment period. There were                  Address Environmental Justice in
                                        accordance with the instructions                        no comments received in response to                    Minority Populations and Low-Income
                                        provided in 40 CFR part 178. To ensure                  the proposed rule.                                     Populations (59 FR 7629, February 16,
                                        proper receipt by EPA, you must                                                                                1994).
                                                                                                III. Action on the Proposed Regulation                    In addition, pursuant to section 605(b)
                                        identify docket ID number EPA–HQ–
                                        OPP–2007–0546 in the subject line on                       Based upon the rationale and findings               of the Regulatory Flexibility Act (RFA)
                                        the first page of your submission. All                  set forth in the proposed rule, the use                (5 U.S.C. 601 et seq.), the Agency, for
                                        requests must be in writing, and must be                of thiabendazole as a seed treatment on                the reasons explained in the proposed
                                        mailed or delivered to the Hearing Clerk                dry peas (including field pea, pigeon                  rule, certifies that this rule will not have
                                        as required by 40 CFR part 178 on or                    pea, chickpea or lentil) is designated as              a significant adverse economic impact
                                        before March 11, 2008.                                  below the threshold of regulatory                      on a substantial number of small entities
                                          In addition to filing an objection or                 concern and thus as not requiring a                    because this rule does not have any
                                        hearing request with the Hearing Clerk                  tolerance or a tolerance exemption                     adverse economic impacts.
                                        as described in 40 CFR part 178, please                 under FFDCA. The use is identified as                     This rule directly regulates growers,
                                        submit a copy of the filing that does not               such under 40 CFR 180.2010 (Threshold                  food processors, food handlers and food
                                        contain any CBI for inclusion in the                    of regulation determinations).                         retailers, not States or tribes, nor does
                                        public docket that is described in                         Designation of this use as below the                this action alter the relationships or
                                        ADDRESSES. Information not marked                       level of regulatory concern does not                   distribution of power and
                                        confidential pursuant to 40 CFR part 2                  legalize any detectable residues of                    responsibilities established by Congress
                                        may be disclosed publicly by EPA                        thiabendazole on food. It does mean                    in the preemption provisions of section
                                        without prior notice. Submit this copy,                 that, despite labeling for this use on a               408(n)(4) of FFDCA. As such, the
                                        identified by docket ID number EPA–                     food or feed crop, it may be registered                Agency has determined that this action
                                        HQ–OPP–2007–0546, by one of the                         under the Federal Insecticide,                         will not have a substantial direct effect
                                        following methods:                                      Fungicide, and Rodenticide Act                         on States or tribal governments, on the
                                          • Federal eRulemaking Portal: http://                 (FIFRA), 7 U.S.C. 136 et seq., without                 relationship between the national
                                        www.regulations.gov. Follow the on-line                 obtaining a tolerance or exemption from                government and the States or tribal
                                        instructions for submitting comments.                   the requirement of a tolerance as                      governments, or on the distribution of
                                          • Mail: Office of Pesticide Programs                  otherwise required by 40 CFR                           power and responsibilities among the
                                        (OPP) Regulatory Public Docket (7502P),                 152.112(g). The text of the regulation                 various levels of government or between
                                        Environmental Protection Agency, 1200                   has been clarified on this point.                      the Federal Government and Indian
                                        Pennsylvania Ave., NW., Washington,                        Adequate analytical methodology                     tribes. Thus, the Agency has determined
                                        DC 20460–0001.                                          (High Pressure Liquid Chromatography/                  that Executive Order 13132, entitled
                                          • Delivery: OPP Regulatory Public                     Fluorescence Detector (HPLC/FLD)                       Federalism (64 FR 43255, August 10,
                                        Docket (7502P), Environmental                           method) is available to detect residues                1999) and Executive Order 13175,
                                        Protection Agency, Rm. S–4400, One                      of thiabendazole in/on dry peas. The                   entitled Consultation and Coordination
                                        Potomac Yard (South Bldg.), 2777 S.                     method may be requested from: Chief,                   with Indian Tribal Governments (59 FR
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                                        Crystal Dr., Arlington, VA. Deliveries                  Analytical Chemistry Branch,                           22951, November 6, 2000) do not apply
                                        are only accepted during the Docket’s                   Environmental Science Center, 701                      to this rule. In addition, this rule does
                                        normal hours of operation (8:30 a.m. to                 Mapes Rd., Ft. Meade, MD 20755–5350;                   not impose an enforceable duty or
                                        4 p.m., Monday through Friday,                          telephone number: (410) 305–2905; e-                   contain any unfunded mandate as
                                        excluding legal holidays). Special                      mail address: residuemethods@epa.gov.                  described under Title II of the Unfunded


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                                        1978                  Federal Register / Vol. 73, No. 8 / Friday, January 11, 2008 / Rules and Regulations

                                        Mandates Reform Act of 1995 (UMRA)                        Senate, the U.S. House of                                PART 180—[AMENDED]
                                        (Public Law 104-4).                                       Representatives, and the Comptroller
                                          This action does not involve any                        General of the United States prior to                    ■ 1. The authority citation for part 180
                                        technical standards that would require                    publication of this final rule in the                    continues to read as follows:
                                        Agency consideration of voluntary                         Federal Register. This final rule is not                     Authority: 21 U.S.C. 321(q), 346a and 371.
                                        consensus standards pursuant to section                   a ‘‘major rule’’ as defined by 5 U.S.C.                  ■ 2. Section 180.2010 is amended by
                                        12(d) of the National Technology                          804(2).                                                  adding text to read as follows:
                                        Transfer and Advancement Act of 1995
                                        (NTTAA), Public Law 104-113, section                      List of Subjects in 40 CFR Part 180                      § 180.2010 Threshold of regulation
                                        12(d) (15 U.S.C. 272 note).                                                                                        determinations.
                                                                                                    Environmental protection,                                 The following pesticide chemical uses
                                        V. Congressional Review Act                               Administrative practice and procedure,                   on food or feed, or food or feed crops,
                                          The Congressional Review Act, 5                         Agricultural commodities, Pesticides                     do not need a tolerance or exemption
                                        U.S.C. 801 et seq., generally provides                    and pests, Reporting and recordkeeping                   from the requirement of a tolerance, and
                                        that before a rule may take effect, the                   requirements.                                            may be registered under the Federal
                                        agency promulgating the rule must                           Dated: December 31, 2007.                              Insecticide, Fungicide, and Rodenticide
                                        submit a rule report to each House of                     Debra Edwards,
                                                                                                                                                           Act, 7 U.S.C. 136 et seq., without
                                        the Congress and to the Comptroller                                                                                obtaining such tolerance or exemption,
                                                                                                  Director, Office of Pesticide Programs.
                                        General of the United States. EPA will                                                                             based on EPA’s determination that the
                                        submit a report containing this rule and                  ■Therefore, 40 CFR chapter I is                          uses are below the threshold of
                                        other required information to the U.S.                    amended as follows:                                      regulation.

                                                                          CAS Reg.
                                            Pesticide Chemical                                                      Use/Limits                                           Analytical Method
                                                                            No.

                                        Thiabendazole .................        148–79–8      As a seed treatment for dry pea (including field           High Performance Liquid Chromatography/Flores­
                                                                                               pea, pigeon pea, chickpea or lentil), using a              cence Detector method1; Modification of Ion-
                                                                                               maximum application rate of 0.075 pounds of                Pairing Liquid Chromatographic Determination
                                                                                               active ingredient per 100 pounds of seed.                  of Benzimidazole Fungicides in Foods, Gilvydis
                                                                                               Vines or hay grown from treated seed may not               and Walters, JAOAC, vol. 73, no. 5, 1990.
                                                                                               be fed to livestock..
                                          1Available from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755–5350; telephone
                                        number: (410) 305–2905; e-mail address: residuemethods@epa.gov


                                        [FR Doc. E8–267 Filed 1–10–08; 8:45 am]                   ADDRESSES:    EPA has established a                      (202) 565–2474; e-mail address:
                                        BILLING CODE 6560–50–S                                    docket for this action under Docket ID                   chambers.marilyn@epa.gov.
                                                                                                  No. EPA–HQ–OARM–2003–0001. All                           I. Supplementary Information
                                                                                                  documents in the docket are listed on
                                        ENVIRONMENTAL PROTECTION                                  the www.regulations.gov Web site.                        A. Background
                                        AGENCY                                                    Although listed in the index, some                          EPA published a proposed rule in the
                                                                                                  information is not publicly available,                   Federal Register at 72 FR 56708,
                                        48 CFR Parts 1516, 1533, and 1552
                                                                                                  e.g., CBI or other information whose                     October 4, 2007 to add guidance to the
                                        [Docket ID No. EPA–HQ–OARM–2003–0001;                     disclosure is restricted by statute.                     EPAAR on the use of award term
                                        FRL–8515–8]                                               Certain other material, such as                          contracts and make two administrative
                                                                                                  copyrighted material, is not placed on                   changes. The comment period closed on
                                        RIN 2030–AA89
                                                                                                  the Internet and will be publicly                        December 3, 2007. One comment was
                                        Acquisition Regulation: Guidance on                       available only in hard copy form.                        received. The respondent pointed out,
                                        Use of Award Term Incentives;                             Publicly available docket materials are                  effective January 6, 2007, the Board of
                                        Administrative Amendments                                 available either electronically through                  Contract Appeals that existed at the
                                                                                                  www.regulations.gov or in hard copy at                   General Services Administration was
                                        AGENCY:  Environmental Protection 
                       EPA Docket Center, OEI Docket, EPA/                      terminated and the cases were
                                        Agency. 
                                                 DC, EPA West, Room 3334, 1301                            transferred to the Civilian Board of
                                        ACTION: Final rule. 
                                     Constitution Ave., NW., Washington,                      Contract Appeals. Our proposed rule
                                                                                                  DC. The Public Reading Room is open                      stated EPA has changed its forum for
                                        SUMMARY: The Environmental Protection                                                                              appeals under the Contract Disputes Act
                                                                                                  from 8:30 a.m. to 4:30 p.m., Monday
                                        Agency (EPA) amends the EPA                                                                                        of 1978 from the Department of Interior
                                                                                                  through Friday, excluding legal
                                        Acquisition Regulation (EPAAR) to add                                                                              Board of Contract Appeals to the
                                                                                                  holidays. The telephone number for the
                                        policy, procedures, and contract clauses                                                                           General Services Administration Board
                                                                                                  Public Reading Room is (202) 566–1744,
                                        for the use of award term incentives.                                                                              of Contract Appeals. The rule should
                                                                                                  and the telephone number for the OEI
                                        This rule makes two administrative                                                                                 have stated EPA has changed its forum
                                        changes to the EPAAR. One change is to                    Docket is (202) 566–1752.
                                                                                                                                                           for appeals under the Contract Disputes
                                        reflect the Civilian Board of Contract                    FOR FURTHER INFORMATION CONTACT:                         Act of 1978 from the Department of
                                        Appeals as EPA’s new forum for appeals                    Marilyn E. Chambers, U.S. EPA, Office                    Interior Board of Contract Appeals to
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                                        under the Contract Disputes Act of                        of Acquisition Management, Mail Code                     the Civilian Board of Contract Appeals.
                                        1978. The other change corrects a                         (3802R), Environmental Protection                        The final rule is revised to substitute the
                                        numbering error in Subpart 1516.4.                        Agency, 1200 Pennsylvania Ave., NW.,                     Civilian Board of Contract Appeals for
                                        DATES: This final rule is effective on                    Washington, DC 20460; telephone                          the General Services Administration
                                        February 11, 2008.                                        number: (202) 564–4398; fax number:                      Board of Contract Appeals in section


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