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Federal Register / Vol. 72, No. 244 / Thursday, December 20, 2007 / Rules and Regulations

a subsidiary. A savings and loan holding

company seeking approval of an

acquisition under this section must file

an application under 12 CFR part 516,

subpart A. Applications filed under this

section are subject to the publication,

public comment, and meeting

provisions of 12 CFR part 516, subparts

B, C, and D. OTS will review

applications filed under this section

under the review standards set forth for

savings and loan holding company

applications in section 10(e)(2) of the

HOLA, § 574.7(c) of this chapter, and

§ 563e.29(a) of this chapter.

(b) Certain acquisitions by multiple

savings and loan holding companies.

No multiple savings and loan holding

company (other than a savings and loan

holding company described in

§ 584.2a(a)(1)(ii) of this part) may,

directly or indirectly, or through one or

more subsidiaries or through one or

more transactions, acquire or retain

more than five percent of the voting

shares of any company that is not a

subsidiary that is engaged in any

business activity other than those

specified in § 584.2(b) of this part.

(c)(1) Exception for certain

acquisitions of voting shares of savings

associations and savings and loan

holding companies. Paragraphs (a) and

(b) of this section do not apply to voting

shares of a savings association or of a

savings and loan holding company—

(i) Held as a bona fide fiduciary

(whether with or without the sole

discretion to vote such shares);

(ii) Held temporarily pursuant to an

underwriting commitment in the normal

course of an underwriting business;

(iii) Held in an account solely for

trading purposes or over which no

control is held other than control of

voting rights acquired in the normal

course of a proxy solicitation;

(iv) Acquired in securing or collecting

a debt previously contracted in good

faith, for two years after the date of

acquisition or for such additional time

(not exceeding three years) as the Office

may permit if, in the Office’s judgment,

such an extension would not be

detrimental to the public interest;

(v) Acquired under section

13(k)(1)(A)(i) of the Federal Deposit

Insurance Act (or section 408(m) of the

National Housing Act as in effect

immediately prior to the enactment of

the Financial Institutions Reform,

Recovery and Enforcement Act of 1989);

(vi) Held by any insurance companies

as defined in section 2(a)(17) of the

Investment Company Act of 1940:

Provided, That all shares held by all

insurance company affiliates of such

savings association or savings and loan

holding company may not, in the

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15:40 Dec 19, 2007

Jkt 214001

aggregate, exceed five percent of all

outstanding shares or of the voting

power of the savings association or

savings and loan holding company, and

such shares are not acquired or retained

with a view to acquiring, exercising, or

transferring control of the savings

association or savings and loan holding

company; and

(vii) Acquired pursuant to a qualified

stock issuance if such a purchase is

approved pursuant to § 574.8 of this

chapter.

(2) The aggregate amount of shares

held under this paragraph (c) (other

than pursuant to paragraphs (c)(1)(i)

through (iv) and (c)(1)(vi) may not

exceed 15 percent of all outstanding

shares or the voting power of a savings

association or savings and loan holding

company.

(d) Acquisitions of uninsured

institutions. No savings and loan

holding company may, directly or

indirectly, or through one or more

subsidiaries or through one or more

transactions, acquire control of an

uninsured institution or retain, for more

than one year after the date any savings

association subsidiary becomes

uninsured, control of such association.

Dated: December 14, 2007.

By the Office of Thrift Supervision

John M. Reich,

Director.

[FR Doc. E7–24676 Filed 12–19–07; 8:45 am]

BILLING CODE 6720–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Part 35

[Docket No. RM04–7–003; 121 FERC ¶

61,260]

Market-Based Rates for Wholesale

Sales of Electric Energy, Capacity, and

Ancillary Services by Public Utilities

Issued December 14, 2007.

AGENCY: Federal Energy Regulatory

Commission, Department of Energy.

ACTION: Order Clarifying Final Rule.

SUMMARY: The Federal Energy

Regulatory Commission (Commission) is

clarifying: the effective date for

compliance with the requirements of

Order No. 697; which entities are

required to file updated market power

analyses for the Commission’s regional

review; the data required for the

horizontal market power analyses; and

what constitute ‘‘seller-specific terms

and conditions’’ that sellers may list in

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72239

their market-based rate tariffs in

addition to the standard provisions

listed in Appendix C to Order No. 697.

FOR FURTHER INFORMATION CONTACT:

Paige C. Bullard, Office of the General

Counsel—Energy Markets, Federal

Energy Regulatory Commission, 888

First Street, NE., Washington, DC 20426,

(202) 502–6462.

SUPPLEMENTARY INFORMATION:

Before Commissioners: Joseph T. Kelliher,

Chairman; Suedeen G. Kelly, Marc Spitzer,

Philip D. Moeller, and Jon Wellinghoff.

Order Clarifying Final Rule

I. Introduction

1. On June 21, 2007, the Commission

issued Order No. 697,1 in which the

Commission revised and codified its

market-based rate policy for public

utilities. In the instant order, we make

several clarifications. First, we clarify

that, notwithstanding that Order No.

697 did not require market-based rate

sellers to make immediate compliance

filings amending their market-based rate

tariffs, the Commission intended that all

requirements and limitations applicable

to market-based rate sellers set forth in

Order No. 697 should become effective

on September 18, 2007. Second, we

clarify that transmission-owning

utilities with market-based rate

authority and their affiliates with

market-based rate authority must file

updated market power analyses for the

Commission’s regional review as

discussed herein. Third, we clarify the

data to be used in submitting the

horizontal market power indicative

screens and the Delivered Price Test

(DPT) analysis.

This requirement will apply to new

applications for market-based rate

authorization and updated market

power analyses, including the updated

market power analyses that must be

submitted for the Commission’s regional

review. As discussed below, for

purposes of the market power analyses

to be submitted in December 2007, we

will extend the date for filing such

analyses until 30 days after the date of

issuance of this order. Fourth, we clarify

that ‘‘seller-specific terms and

conditions’’ that go beyond the standard

provisions required in Appendix C of

Order No. 697, and that sellers are

permitted to list in their market-based

rate tariffs, are those tariff provisions

that are commonly found in power sales

agreements, such as creditworthiness,

force majeure, dispute resolution,

billing, and payment provisions.

1 Market-Based Rates for Wholesale Sales of

Electric Energy, Capacity and Ancillary Services by

Public Utilities, Order No. 697, 72 FR 39904 (July

20, 2007), FERC Stats. & Regs. ¶ 31,252 (2007).

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II. Background

2. In order to codify and revise its

market-based rate policy for wholesale

sellers of electric energy, capacity, and

ancillary services, as well as streamline

the administration of the market-based

rate program, the Commission in Order

No. 697 modified its regulations

governing market-based rate

authorization. Order No. 697 became

effective on September 18, 2007.

III. Discussion

3. In Order No. 697, the Commission

determined that continuing to allow

basic inconsistencies in market-based

rate tariffs due to the lack of consistent

form and content of certain key

provisions was unjust and unreasonable

under sections 205 and 206 of the

Federal Power Act (FPA). As such, the

Commission required that all marketbased rate sellers revise their respective

tariffs to contain standard required

provisions.2 Order No. 697 adopted two

standard required provisions that each

market-based rate seller must include in

its tariff: (1) A provision requiring

compliance with Commission

regulations at 18 CFR Part 35, Subpart

H; and (2) a provision identifying all

limitations and exemptions regarding

the seller’s market-based rate authority.3

Order No. 697 also adopted a set of

standard applicable provisions that

must be included in a seller’s marketbased rate tariff to the extent that they

are applicable based upon the services

that are provided by a seller.4

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A. Effective Date of Order No. 697

4. Rather than requiring sellers to

make immediate compliance filings

amending their market-based rate tariffs,

Order No. 697 instead required sellers to

amend their market-based rate tariffs to

include the required standard

provisions, as well as the required

applicable provisions, at the earliest of:

(1) The next time they file any other

amendment to their market-based rate

tariffs; (2) when they report a change in

status; or (3) when they file their

updated market power analyses.5

5. As the Commission stated in Order

No. 697, regardless of the date on which

market-based rate sellers make their

compliance filings, the tariff provision

providing that failure to abide by the

regulations will constitute a tariff

violation is considered part of each

seller’s current market-based rate tariff

as of the effective date of Order No. 697,

2 Order No. 697, FERC Stats. & Regs. ¶ 31,252 at

P 912–913.

3 Id. P 914–916.

4 Id. P 916.

5 Id. P 924.

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15:40 Dec 19, 2007

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September 18, 2007.6 Notwithstanding

that Order No. 697 did not require

sellers to make immediate compliance

filings amending their market-based rate

tariffs,7 the Commission intended that

all requirements and limitations

applicable to market-based rate sellers

set forth in Order No. 697 should

become effective on September 18,

2007. To the extent that some sellers

may not be aware that, effective

September 18, 2007, provisions in their

market-based rate tariffs that are

inconsistent with the requirements of

Order No. 697 are no longer in effect, we

provide this clarification. While we do

not attempt in this order to provide an

exhaustive list of all of the applicable

requirements of Order No. 697, we do

provide a number of examples below for

illustrative purposes.

6. For example, the Commission

adopted in § 35.39(d) of the affiliate

restrictions codified in Order No. 697 a

two-way information sharing

restriction.8 The Commission

recognized that some sellers may need

to adjust their activities to comply with

the two-way information restriction.

The Commission stated that any sellers

whose activities had been governed by

a code of conduct with a one-way

information restriction will be deemed

to have adopted a two-way information

restriction as of the effective date of

Order No. 697.9

7. Similarly, in Order No. 697, the

Commission concluded that adequately

protecting customers from the potential

exercise of market power required that

it continue to apply mitigation to all of

a seller’s sales in the balancing authority

area in which a seller is found, or

presumed, to have market power.10 In

this regard, the Commission rejected

proposals that it limit mitigation to sales

that ‘‘sink’’ in the balancing authority

area where the mitigated seller is found,

or presumed, to have market power.11

Some mitigated sellers have tariff

language that is inconsistent with the

Commission’s current policy as set forth

in Order No. 697. These mitigated

sellers’ tariffs currently only prohibit

sales at market-based rates that ‘‘sink’’

in a balancing authority area in which

the mitigated seller has been found, or

6 Id.

7 Id.

8 18 CFR 35.39(d) (2007).

9 Order No. 697, FERC Stats. & Regs. ¶ 31,252 at

P 588.

10 Id. P 817. Although the Commission used the

term ‘‘mitigated market’’ in Order No. 697, we

believe that ‘‘balancing authority area in which a

seller is found, or presumed, to have market power’’

is a more accurate way to describe the area in which

a seller is mitigated. Accordingly, we use that

phrase herein.

11 Id. P 818.

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presumed, to have market power. We

clarify that, although the Commission

may have previously accepted these

sellers’ provisions, effective September

18, 2007, all sellers are subject to the

requirements of Order No. 697 and thus

may not limit mitigation to sales that

‘‘sink’’ in the balancing authority area

where the mitigated seller has been

found, or presumed, to have market

power. Rather, such sellers are required

to comply with the mitigation policy as

stated in Order No. 697.

8. Accordingly, we clarify that,

effective September 18, 2007, provisions

in a seller’s previously-approved

market-based rate tariff that are

inconsistent with the requirements of

Order No. 697 are no longer in effect.

However, we will not pursue any

violations that resulted from the new

requirements in Order No. 697 that were

inconsistent with a seller’s previouslyapproved market-based rate tariff prior

to 30 days after the issuance of this

clarification order.

B. Entities Required To File Updated

Market Power Analyses for the

Commission’s Regional Review

9. In Order No. 697, the Commission

determined that it would conduct a

regional review of updated market

power analyses and set forth in

Appendix D the schedule for such

review.12 The first round of updated

market power analyses, for the

Northeast, are due in December 2007.

Order No. 697 states that ‘‘[t]he

transmission-owning utilities, which

have the information necessary to

perform [simultaneous import limit]

studies, will be required to file their

updated market power analyses first.’’ 13

Appendix D of Order No. 697 lists

‘‘Transmission Operators’’ as filing

updated market power analyses in the

regional reviews. Because there may be

confusion concerning which entities are

required to file updated market power

analyses as a result of the use of the

term ‘‘transmission operators’’ in

Appendix D of Order No. 697, we clarify

that transmission-owning utilities with

market-based rate authority and their

affiliates with market-based rate

authority must file the updated market

power analyses for the Commission’s

regional review. Accordingly, the term

‘‘Transmission Operators’’ in Appendix

D should instead be ‘‘Transmission

Owners.’’ A revised version of the

relevant table in Appendix D is

attached.

10. Further, we clarify that marketbased rate sellers that are affiliated with

12 Id. P 882.

13 Id. P 889.

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transmission-owning utilities and are

located in the same region 14 as their

transmission-owning utility affiliate

(either physically located in that region

such as a generation affiliate, or making

sales in that region such as an affiliated

power marketer) must file their updated

market power analyses during the same

review period as their transmissionowning utility affiliate. For example,

Order No. 697 stated that the first set of

updated market power analyses (for the

Northeast) would be filed in December

2007. This set of analyses should

include transmission-owning utilities

with market-based rate authority and all

of their affiliates with market-based rate

authority located in the same region

(either physically located in that region

such as a generation affiliate, or making

sales in that region). The second set of

updated market power analyses would

include all other sellers in the Northeast

and is due in June 2008.

C. Required Data for Horizontal Market

Power Analyses

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11. It has come to the Commission’s

attention that, for the purposes of the

horizontal market power analysis, there

may be confusion regarding whether

market shares calculated for the market

share screen and the DPT analysis

should be based on the four quarters of

the calendar year or the four seasons as

defined in the April 14 Order.15 As a

result, there may be confusion

concerning which data and market share

calculations must be submitted as part

of sellers’ updated horizontal market

power analyses. As we explained in

Order No. 697, the wholesale market

share analysis measures for each of the

four seasons whether a seller has a

dominant position in the market based

on the number of megawatts of

uncommitted capacity owned or

controlled by the seller as compared to

the uncommitted capacity of the entire

relevant market.16 Order No. 697 states

that the Commission will continue to

require the use of historical data for

both of the horizontal market power

indicative screens and the DPT analysis

in evaluating whether a seller may

possess market power, and states that

‘‘in light of adopting a regional

approach with regard to regularly

scheduled updated market power

14 In Order No. 697, the Commission identified

six regions (Northeast, Southeast, Central,

Southwest Power Pool, Southwest, and Northwest)

for purposes of the regional market power update

review process. Id. P 885.

15 AEP Power Marketing Inc., 107 FERC ¶ 61,018

at n.85 (April 14 Order), order on rehearing, 108

FERC ¶ 61,026 (2004).

16 Order No. 697, FERC Stats. & Regs. ¶ 31,252 at

P 34 (citing April 14 Order at P 100).

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15:40 Dec 19, 2007

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analyses, we will require the use of the

actual historical data for the previous

calendar year.’’ 17 However, the

Commission’s April 14 Order, in

describing the seasons for the DPT,

defines the study periods (seasons) as:

Summer (June/July/August); Fall

(September/October/November); Winter

(December/January/February); and

Spring (March/April/May).18 We

understand that some have interpreted

Order No. 697 as revising the study

periods to be the four quarters of the

calendar year instead of the four

seasons. This was not the intention of

Order No. 697. Accordingly, we clarify

that market shares calculated for the

market share screen and the DPT

analysis should continue to be based on

the four seasons.19

12. In addition, we also clarify that, as

a general matter, the market share

studies performed in market-based rate

filings for both the preliminary screens

and the DPT analysis should be based

on the most recent available actual

historical data for each full season.

However, we recognize that it may be

appropriate to allow exceptions to this

general principle in certain limited

circumstances. We describe below how

this general principle should be applied

to applicants making various types of

market-based rate filings:

a. Updated market power analyses

(triennial reviews) for transmissionowning applicants: Transmissionowning applicants filing triennial

reviews in June or December should

base their market share analysis on the

actual historical data for the four

seasons (winter (December–February),

spring (March–May), summer (June–

August) and fall (September–

November)) ending November 30 of the

previous calendar year consistent with

Appendix D.20

b. Updated market power analyses for

applicants that do not own

transmission: Applicants that do not

own transmission should base their

market share analysis in their triennial

reviews on actual historical data using

the same seasons that were used in the

triennial reviews filed by the

transmission owners in their region

consistent with Appendix D. For

example, for transmission owners in the

Southeast filing triennial reviews in

June of 2008, the seasonal analysis

would be based on the following:

17 Id. P 298.

18 April 14 Order at n.85.

19 Summer (June/July/August); Fall (September/

October/November); Winter (December/January/

February); and Spring (March/April/May).

20 The relevant tables in Appendix D to Order No.

697 have been revised to reflect this clarification

and are attached herewith.

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72241

December 2005, January 2006 and

February 2006 for winter; March 2006,

April 2006 and May 2006 for spring;

June 2006, July 2006 and August 2006

for summer; September 2006, October

2006 and November 2006 for fall

(because at the time of filing these

months had the most recently available

actual historical data for each of those

complete seasons). All other applicants

in the Southeast should base their

studies on these same seasons when

they file their triennials six months later

in December 2008.21

c. Transmission-owning applicants for

initial market-based rate authorization

or submission of a change in status

filing: Transmission-owning applicants

filing applications for initial marketbased rate authorization, or those

submitting a change in status filing,

should rely on the most recent available

actual historical data for each complete

season of: Winter (December–February),

spring (March–May), summer (June–

August) and fall (September–

November).

d. All other applicants: All other

applicants filing applications for initial

market-based rate authorization or

submitting change in status filings and,

which have to rely on other studies

because they do not have access to all

the needed data, should rely on the

same vintage data that were used in the

triennial reviews filed by the

transmission owners in their region

within the past year.22 If triennial

reviews were not filed by the

transmission owners in their region

within the past year, then the applicants

covered under this part may base their

market share analysis on either (i) the

most recently available actual historical

data for each complete season of: Winter

(December–February), spring (March–

May), summer (June–August) and fall

(September–November), or (ii) the same

seasons in their market share studies

that were used in the most recently filed

triennial studies submitted by the

transmission owners in their region,

provided that the non-transmission

owning applicant shows what its market

shares would have been in each season

21 As set forth in Order No. 697, Applicants that

do not own transmission are required to file their

triennials six months after the transmission owners

in that region filed their triennials. Order No. 697,

FERC Stats. & Regs. ¶ 31,252 at P 889.

22 Applicants in this category include those that

do not own transmission or do not have affiliates

that own transmission, as well as those that file a

market power study as part of their change in status

filing. Although applicants do not typically submit

market power studies as part of their change in

status filings, sometimes they do, and at other times

the Commission may require the submission of a

market power study at the time of a change in status

filing.

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based on those studies, and states

whether there would be a significant

increase in the market shares during any

season if more recent data had been

used (as well as the basis for this

claim).23

13. In light of these clarifications, we

will extend the deadline for filing the

first set of regional triennial studies that

we directed in Order No. 697 from

December 2007 to 30 days after the date

of issuance of this order. Furthermore,

we will not require those entities that

have already submitted their updated

market power studies for the December

filing period to file revisions to those

studies if they were based on calendar

year quarters, rather than the approach

set forth in (a) above.

D. Seller-Specific Terms and Conditions

14. In Order No. 697, the Commission

required that all sellers include in their

respective market-based rate tariffs

certain standard required provisions

and standard applicable provisions to

the extent that they are applicable based

on the services provided by the seller.24

The Commission also explained that it

would permit sellers to list in their

market-based rate tariffs additional

terms and conditions that go beyond the

standard provisions set forth in

Appendix C.25 The Commission stated

that it recognized benefits to both sellers

and customers of having terms and

conditions relevant to the seller’s

market-based rate power sales available

in one document.

15. In order to ensure full compliance

with the tariff requirements set forth in

Order No. 697, we clarify that ‘‘sellerspecific terms and conditions’’ are those

provisions that are commonly found in

power sales agreements, such as

creditworthiness, force majeure, dispute

resolution, billing, and payment

provisions. As the Commission noted in

Order No. 697, it has been our practice

not to evaluate these types of terms and

conditions once the seller is authorized

to sell power at market-based rates, but

to allow them to be included in the

market-based rate tariff that is on file

with the Commission. We clarify,

however, that we did not intend that

‘‘seller-specific terms and conditions’’

include other ‘‘services’’ offered by the

seller beyond those set forth in

Appendix C.

IV. Conclusion

16. In sum, to the extent that it was

not clear in the Final Rule that all

requirements and limitations of Order

No. 697 became effective on September

18, 2007, we hereby clarify that sellers

are required to comply with all of the

requirements of Order No. 697 as of the

effective date of the Final Rule, even if

sellers have previously-approved tariff

provisions to the contrary. Thus, any

sales made after September 18, 2007 are

expected to be in compliance with the

requirements of Order No. 697. We also

clarify that both transmission-owning

utilities with market-based rate

authority and their affiliates with

market-based rate authority are required

to file updated market power analyses

for the Commission’s regional review as

discussed herein. We clarify that we

will require use of the actual historical

data through November of the previous

calendar year, including data from

December of the prior year, for both of

the horizontal market power screens

and the DPT analysis as discussed

herein. Additionally, we clarify that

‘‘seller-specific terms and conditions’’

are those tariff provisions that are

commonly found in power sales

agreements, such as creditworthiness,

force majeure, dispute resolution,

billing, and payment provisions.

‘‘Seller-specific terms and conditions’’

do not, however, include other

‘‘services’’ offered by the seller.

By the Commission.

Nathaniel J. Davis, Sr.,

Deputy Secretary.

Regional Review Schedule for Sellers

Filing Triennial Reviews

APPENDIX D

Filing period

(anytime during the month)

Entities required to file

Study period

Schedule for Transmission Owning Utilities With Market-Based Rate Authority and Their Affiliates in the Same Region

Northeast Transmission Owners ..............................................................

Southeast Transmission Owners ..............................................................

Central Transmission Owners ..................................................................

SPP Transmission Owners .......................................................................

Southwest Transmission Owners .............................................................

Northwest Transmission Owners ..............................................................

Northeast Transmission Owners ..............................................................

Southeast Transmission Owners ..............................................................

Central Transmission Owners ..................................................................

SPP Transmission Owners .......................................................................

Southwest Transmission Owners .............................................................

Northwest Transmission Owners ..............................................................

December, 2007 .............................

June, 2008 ......................................

December, 2008 .............................

June, 2009 ......................................

December, 2009 .............................

June, 2010 ......................................

December, 2010 .............................

June, 2011 ......................................

December, 2011 .............................

June, 2012 ......................................

December, 2012 .............................

June, 2013 ......................................

Dec. 1, 2005–Nov. 30, 2006.

Dec. 1, 2005–Nov. 30, 2006.

Dec. 1, 2006–Nov. 30, 2007.

Dec. 1, 2006–Nov. 30, 2007.

Dec. 1, 2007–Nov. 30, 2008.

Dec. 1, 2007–Nov. 30, 2008.

Dec. 1, 2008–Nov. 30, 2009.

Dec. 1, 2008–Nov. 30, 2009.

Dec. 1, 2009–Nov. 30, 2010.

Dec. 1, 2009–Nov. 30, 2010.

Dec. 1, 2010–Nov. 30, 2011.

Dec. 1, 2010–Nov. 30, 2011.

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Schedule for All Other Entities

All others in Northeast that did not file in December including all power

marketers that sold in the Northeast.

All others in Southeast that did not file in June including all power marketers that sold in the Southeast and have not already been found to

be Category 1 sellers.

All others in Central that did not file in December including all power

marketers that sold in the Central and have not already been found

to be Category 1 sellers.

23 We note that the Commission reserves the right

to require an updated market power analysis at any

time and may request the applicant to use the most

recently available actual historical data for each

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Jkt 214001

June, 2008 ......................................

Dec. 1, 2005–Nov. 30, 2006.

December, 2008 .............................

Dec. 1, 2005–Nov. 30, 2006.

June, 2009 ......................................

Dec. 1, 2006–Nov. 30, 2007.

complete season of: Winter (December–February),

spring (March–May), summer (June–August) and

fall (September–November).

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24 Order No. 697, FERC Stats. & Regs. ¶ 31,252 at

P 914–917. These standard provisions are listed in

Appendix C to Order No. 697.

25 Id. P 919, 927.

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Federal Register / Vol. 72, No. 244 / Thursday, December 20, 2007 / Rules and Regulations

72243

APPENDIX D—Continued

Entities required to file

Filing period

(anytime during the month)

All others in SPP that did not file in June including all power marketers

that sold in SPP and have not already been found to be Category 1

sellers.

All others in Southwest that did not file in December including all power

marketers that sold in the Southwest and have not already been

found to be Category 1 sellers.

All others in Northwest that did not file in June including all power marketers that sold in the Northwest and have not already been found to

be Category 1 sellers.

Others in Northeast that did not file in December and have not been

found to be Category 1 sellers.

Others in Southeast that did not file in June and have not been found

to be Category 1 sellers.

Others in Central that did not file in December and have not been

found to be Category 1 sellers.

Others in SPP that did not file in June and have not been found to be

Category 1 sellers.

Others in Southwest that did not file in December and have not been

found to be Category 1 sellers.

Others in Northwest that did not file in June and have not been found

to be Category 1 sellers.

December, 2009 .............................

Dec. 1, 2006–Nov. 30, 2007.

June, 2010 ......................................

Dec. 1, 2007–Nov. 30, 2008.

December, 2010 .............................

Dec. 1, 2007–Nov. 30, 2008.

June, 2011 ......................................

Dec. 1, 2008–Nov. 30, 2009.

December, 2011 .............................

Dec. 1, 2008–Nov. 30, 2009.

June, 2012 ......................................

Dec. 1, 2009–Nov. 30, 2010.

December, 2012 .............................

Dec. 1, 2009–Nov. 30, 2010.

June, 2013 ......................................

Dec. 1, 2010–Nov. 30, 2011.

December, 2013 .............................

Dec. 1, 2010–Nov. 30, 2011.

[FR Doc. E7–24736 Filed 12–19–07; 8:45 am]

BILLING CODE 6717–01–P

DEPARTMENT OF STATE

22 CFR Part 22

RIN 1400–AC42

[Public Notice: 6035]

Schedule of Fees for Consular

Services, Department of State and

Overseas Embassies and Consulates

AGENCY: Department of State.

ACTION: Interim final rule.

yshivers on PROD1PC62 with RULES

SUMMARY: This rule amends the

Schedule of Fees for Consular Services.

Specifically, it raises from $100 to $131

the fee charged for the processing of an

application for a nonimmigrant visa

(MRV) and Border Crossing Card (BCC)

and increases the immigrant visa fee by

$20.00. The Department of State is

adjusting the fees as an emergency

measure to ensure that sufficient

resources are available to meet the costs

of processing non-immigrant and

immigrant visas in light of increased

security measures put in place since

2004 and fee collection mandates on

behalf of the Federal Bureau of

Investigation.

DATES: Effective date: This interim final

rule becomes effective January 1, 2008.

Comment date: The Department of

State will accept written comments from

interested persons up to February 29,

2008.

VerDate Aug<31>2005

15:40 Dec 19, 2007

Jkt 214001

ADDRESSES: Interested parties may

submit comments by any of the

following methods:

• Persons with access to the Internet

may view this notice and submit

comments by going to the

regulations.gov Web site at: http://

www.regulations.gov/index.cfm.

• Mail (paper, disk, or CD–ROM): U.S.

Department of State, Office of the

Executive Director, Bureau of Consular

Affairs, U.S. Department of State, Suite

H1004, 2401 E Street, NW., Washington,

DC 20520.

• E-mail: fees@state.gov. You must

include the RIN (1400–AC42) in the

subject line of your message.

FOR FURTHER INFORMATION CONTACT:

Suzanne Inzerillo, Office of the

Executive Director, Bureau of Consular

Affairs, Department of State; phone:

202–663–3923, telefax: 202–663–2499;

e-mail: fees@state.gov.

SUPPLEMENTARY INFORMATION:

Background

What Is the Authority for This Action?

The majority of the Department of

State’s consular fees are established

pursuant to the general user charges

statute, 31 U.S.C. 9701 (which directs

that certain government services be selfsustaining to the extent possible), and/

or title 22 U.S.C. 4219, which as

implemented through Executive Order

10718 of June 27, 1957, authorizes the

Secretary of State to establish fees to be

charged for official services provided by

U.S. embassies and consulates. In

addition, a number of statutes address

specific fees. A cost-based,

nonimmigrant visa processing fee for

PO 00000

Frm 00011

Fmt 4700

Sfmt 4700

Study period

the machine readable visa (MRV) and

for a combined border crossing and

nonimmigrant visa card (BCC) (see 22

CFR 41.32) is authorized by section

140(a) of the Foreign Relations

Authorization Act, Fiscal Years 1994

and 1995, Public Law 103–236 (April

30, 1994), as amended. Various statutes

permit the Department to retain some of

the consular fees it collects, including

the MRV and MRV/BCC fees. Section

103 of the Enhanced Border Security

and Visa Entry Reform Act of 2002,

Public Law 107–173 (May 14, 2002),

amended section 140(a) of Public Law

103–236 to permit the Department to

retain all MRV fees until they are

expended. Public Law 103–317 (FY 95

CJS Appropriation Act, 8 U.S.C. 1356

note) gives retention authority for an

increase to IV fees ‘‘caused by

processing an applicant’s fingerprints.’’

Consistent with OMB Circular A–25

guidelines, the Department conducted a

Cost of Service Study (COSS) from

January 2003 to June 2004 to update the

Schedule of Fees for Consular Services.

The results of that study were the

foundation of the current Schedule,

which was published as a final rule on

February 2, 2005, at Volume 70, No. 21

FR Doc. 05–1930. The Schedule went

into effect on March 8, 2005. The $100

MRV fee, however, was based on the

previous COSS completed in 2002 and

was not raised as a result of the 2004/

2005 COSS, which indicated that the

actual cost for MRV services was

$107.32. The Department intends to

initiate collection of the fee at the

increased rate on January 1, 2008.

Furthermore, on January 1, 2008, the

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