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 Proclamations Proc. 8214 (B) A change to a mixture of subhesding 3808.93 from any other subheading, provided that the mixture is made from two or more active ingredients and a domestic active ingredient constitutes not less than 40 percent by weight of the total active ingredterltS, 12. A ohenge to subheading 3808.94 from any other'subhesding. 12A. (A) A change to subheading 3808.99 from any other subheading. except from rodenticides and other pesticides classified in chapter 28 or 29; or (B) A change to a mixtore of subheading 3808.99 from any other subheading, provided that the mixture is made from two or more active ingredients end e domestic active ingredient constitutes not less than 40 percent by weighl of the total active ingredients," 39. TCR 26 for chapter 38 is deleted. 40. TCR 13 for chapter 42 is deleted and the following new TCRs are inserted: '13. (A) A change to goods Of s kind used in machinery or mechanical appliances or for other technical uses of heading 4205 from any other heading or from other goods of heading 4205; or (S) A change to other goods of heading 4205 from any other heading. 14. A change to heading 4206 from any other heading.' 41. TCR 9 for chapter 48 is modified by deleting '4815" and by inserting in lieu thereof "481 42. TCR 12 for chapter 48 is doletad. 43. TCR 14 for chapter 48 is deleted and the following new TCR is inserted: \17714. A change to subheadings 4823.61 through 4823.70 from any other subheading, including another subheading within that group." 44. TCR 1 for chapter 61 is modified by deleting \1776101,10" end by inserting in lleu thereof '611il.20". 45. TCR 2 for chapter 61 is deleted and the foltowing new TCR is inserted: '2. (A) A change to goods of wool or fine animal half of subheading 6101.90 from any other chaplet, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308 or 5310 through 5311, chapter 64 Or headings 5508 through 5516 or 6001 through 6006, provided that: (1) the good is both cut (or knit to shape) and eav\177 or otherwise assembled in the territory of Singapore or of the United States. or both, and (2) any visible Jining matedel contained in the apparel article must satisfy the requirements of chapter rule 1 for chapter 61; or (B) A change to any other goal of subheadthg 6101.90 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308 or 5310 through 5311, chapter 54 or headings 5508 through 5516 Or 6001 Ihrou\177h 6006, provided that the good is both cut (or knit to shape) and $ew\177 or othervise assembled in the tarritory of Singapore or of the United States, or both.' 46. TCRs 8 through 7, inclusive, for chapter 61 are deleted and the following new TCRs are ineaded; "5. (A) A change to tadff items 6103.10.70 or 6103,10.90 from any other chapter, except from headings 5106 thro u,gh 5113, 5204 through 5212, 5307 through 5308 or 5310 through 5311, chapter 54 or headings 5508 throu\177l 5516 or 6001 through 6006, provided that the gOOd is both cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore or of the United States, or both; or lB) A change to other goods of subheading 6103.10 from any other chapter, except from headincjs 5106 through 5113, 5204 through 5212, 5307 through 5308 or 5310 through 5311, chapter 54 or headings 5508 through 5516 or 6001 through 6006, provided that: (1) the good is both cut (or knit to shape) and sewn or otherwise assam Bled m the territory of Singapore or of the United States, or both, and (2) any visible Im\177ng material used in the apparel article as imported into the territory of the United Stales must satisfy the requlrernents of chapter rule 1 for chapter til. 173

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 Proc. 8214 Title 3--The President 6. A change to subheadings 6103.22 throug\177 6103.29 from any other chapter, excepl from headings 510\177 through 5113, 5204 through 5212, 5307 through 5308 or 5310 through 8311, chapte\177 54 o\177 headings 5508 through 5516 or 6001 through 6006, provided that: (1) Ihe good is both cut (or knit to shape) and sewn or othe\177,ise assembled in the territory of Singapore or of the United Stales, or both; and (2) with respect to a garment described in heading 6101 or a jacket or a blazer desc\177'ibed in heading 6103, of \177oo\177, fine animal hair, cotton or man*made fibers, that is imported es pad of an ensemble of these subheadings, any visible lining matedel contained in the apparel artidle must satisfy the rsquirements of chapter rule 1 for chapter 61.' 47. TCR 11 for chapter 61 is modified by deleting '6104,11' and by inserting in lieu thereof '6104.13'. 48. TCRs 12 and 13 for chapter 61 \177re deleted and the foltowing new TCR is inserted: ~12. (A) A change to tariff items 6104.19.40 or 6104.1 ti.80 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308 Or 5310 through 5311, chapter 54 or headings 5508 through 5516 or 6001 through 6006, provided that the good is both cut (or kn\177t to shape) and sewn or othervlse assembled in the territory of Singapore or of the United States, or both. (B) A change to other goods of subheading 6104.18 from any other chapter, except from headings 5106 \177rough 5113, 5204 through 5212, 5307 through 5308 or 5310 through 5311, chapter 54 or headings 5508 through 5516 or 6001 through 6006, provided that: (1) the good is both cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore o; of the United States, or both; and (2) any visible Iththg matedel contained in the apparel article must satisfy the requirements of chapter role 1 for chapter 61.' 49. TCR 46 for chapter 61 is deleted. 50. TCR 20 for chapter 62 is deleted. 51. TCR 64 for chapter 62 is deleted. 52. TCRs 71 through 73, inclusive, for chapter 61 are deleted and the following new TCR is inserted: '71. A change to subheadings 6211.32 through 6211,90 from any other chapter, except from headings 5106 through 5113, 5204 through 5212. 5307 through 5308 or 5310 through 5311, chapter 54 or headings 5508 through 5516, 5801 through 5802 or 6001 through 6006, provided that the good is both cut ar\177i sew\177 or otherwise assembled in the territory of Singapore or of the Untied States, or both.' 53. TCR 4 for chapter 64 is deleted ar\177i the following new TCRs are inserted: ' '4. A change to subheeding 6404.11 from any other heading, except from subheading 6406.10, provlded there is a regional value content of not less than 55 percent based on the build-up method. 4A. A change to subheading 6404.19 from any other heading except from headings 6401 through ti403, 6405 or subheading 6406.10, provided there is a regional value content o1 cot less than 55 percent based on the build-up method. 4B. A change to subheading 6404.20 Irom any other heading, provided there is a regional vekJe content of not less than 35 percent based On build-up method or 45 peasant based on the build-\177own method.' 54. TCRs 2 through 5, thelusive, for chapter 65 are deleted and the following new TCRs are inserted: '3. A change to heading 6504 from any other heading, except from headings 6505 through 6507. 4. A change to heading 6505 from any other heading, except \177om headings 6504 or 6506 through 6507. 5 A change to heading 6506 from any other heading, excepl from headings 6505 or ti507.' 55. TCR 2 for chapter 68 is deleled and the tollowing new'TCR is inserted: "2 A change to subheadings 6809.11 through 6810.19 from any other heading, including another heading within that group." 56. TCRs 5 through 8, inclusive, for chapter 68 are daleled and the foltowlng new TCR6 are inserted: 174

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 Proclamations Proc. 8214 "6. A change to subheading 6812.80 Imm any other subheading. 7. A change to subheading 6812.91 from any other subhesdlng, 8. A change to subheadings 6812.92 through 6812.93 from any other subheading outside that group. 8A. A change to subheading 6812.99 from any oth\177' heading.' 57. TCRs 15 and 16 for chapter 70 am deleted and the following new TCR is inserted: '16. A change to heeding 7013 from any other heeding, except from headings 7007 through 7011 or 7014 through 7020.' 58. TCR 3 for chap{at 71 is deleted and the followlng new TCR is thserlad: '3. A change to headings 7104 through 7105 from any other heading, incJading another heading within that group." 59. TCR 8 for chapter 73 is modred by deleting'7321.53" at each instance and by inse\177ng in lieu thereof '7321.89'. 60. TCR 1 for chapter 78 is modified by deleting "7803' and by insel'ling in lieu thereof "7802'. 61. TCRs 3 and 4 for chapter 78 are deleted and the follOWing new TCR is inserted: "4. (A) A change to ba\177s, rods. profiles er \177re of heading 7806 lrom othe\177 goods of heading 7806 or from any other heading; or (B) A change to tubes, pipes an(\177 tube or pipe fittings of heading 7806 from any other' goods of heading 7806 or from any other heading, provided that there is e r\177glonal value content of not less than: (1) 35 percent based on the build-up method, or (2) 45 percent based on the build-down method; or (C) A change to other goods of heading 7806 from any other heading, provided there is a regional value content of nol less than: (1) 35 percent based on the build-up method, or (2) 45 percenl based on the build-dow\177 method." 62. TCR 1 for chapter 79 is modified by deleting \1777906" and by inserting in Iieu thereof \1777905'. 63. TCR 2 fo\177 chapter 79 is deleted and the follow{rig new TCR is inserted: \1772. (A) A change to tubes, pi\177es and tube or pipe fittings of heading 7907 from any ether goods of headi.\177g 7907 or from any other heading, provided there is a regional value content of not leSS thai3: (1) 35 percent based on the butid-up method, Or (2) 45 percent based on the buildSown method; or (B) A change to other goods of heading 7907 from any other heading.' 64, TCR 2 for chapter 80 is deleted and the following new TCRs are inserted: '2. A change to headings 8002 through 8003 from any other heading, including anolher I\177ading within thai group, provided there is a regional value conlent of rmt less than: {A} 35 percent based on the build.up method, or (B) 45 percent based o\177 the build[down method. 3. (A) A change \177o ptates, sheel or strip (including foil) of fin of heading 8007 from other goods of heading 6007 or from any other heading, provided there is a regional value content of not less Ihai3. (1) 35 percenl based on the build-up method, or (2) 45 percent based on the build-down method; or 175

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 Proc. 8214 Title 3--The President (B) A change to tubes, pipes and tube or pipe fiffings of heading 8007 from other goads of heading 80\1777 or Irom any olhor heeding, ixovided there is a regional value content of not less than: (1) 35 percent based on the build-up method, o\177 (2) 45 percent based on the bulld\177ow\177 method; or (C) A change to other goods ol heading 8007 from any other heading, provided there is a regional value content of not less than: (1 } 35 percent based on the build-up method, or (2) 45 percent based 011 the build-down method.' 65. TCR 2 for chapter 81 is deleted arid the lollowing new TCR is inserled: '2. A change to subheading 8101.96 from any other subheading.' 66. TCR 4 for chapter 81 ts deleted and the following new TCR is insetled: '4. (A) A change to bars, rods (other than lfm3se obtained simply by sintarlng), profiles, plates, sheets, strip o\177 foil of subheading 8101.99 from any other goods of subheading 8101.99 or from any other subheading; or (B) A change to other goods o! subheading 8101.99 from any other heading, provided there is a regional value content of not less there: (1) 35 percent based on the build-up method, or (2) 45 percent based on the build-down method.' 67. TCR 18 for chapter 81 is deleted and the followlng new TCRs are insetled: '18. (A) A change to unwrought germenium or vanadium, germanlure or vanadium waste, scrap or pawdam of subheading 8112.92 from any other good or subheading 8112.92 or from any other subheading; or (B} A change to other goods of subheading 8112.92 from any other subheading. 18A. (A) A change to adiclss of vanadkJm or germanlure of suicheading 8112.99 \177rom any other goods of subheadthg 8112.99 or from any other subheading; or (B) A change to other goods of subheading 8112.99 from any other s/Jbheadidg." 68. TCR 80 for chapter 84 is deleted arid the tallowing new TCR is inserted: "80. A change to subheeding 8442.30 from any other subheading.' 69. TCRs 83 through 85, inclusive, for chapter 84 are deleted and the followthg new TCRs are inserted: "83. (A) A change fo subheadings 8443\17711 through 8443.19 \177rom any other subheading outside that group, except Irom machines for uses ancillary to pdnting of subheading 8443.91; or (B) A change lo subheadings 8443.11 through 8443.19 from machines for uses anCillary to printing in subheading 8443.9f, provided there is a regional value content of not less than: ( 1 ) 35 percent based on the build-up method, \177r (2) 45 percent based on the build-dow\177l method. 83A. A change to subheading 8443.31 from any other subheading. 83B. A change to subheading 8443.32 ham any other subheading. 83C. A change to subheading 8443.39 from any other subheading. 84. (A) A change tu machines for uses anCillary to pdnting of subheading 8443.91 from any other good of subheadlng 8443.91 ol from any other subheading, except fTom subheadings 8443.11 through 8443.39; or (B) NO required change in tariff classification to machines for uses anCillary Io prlnlJng of subheading 8443.91, provided there is a regional value conterri of hal less than: \17776

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 Proclamations Proc. 8214 (1) 35 percent based on the build-up method, or (2) 45 percent based on the build-down method; or (C) A change to any other good of subheading 8443.91 from any other heading, 85. (A) A change to sul3h eading 8443.99 from any other subheading; or (B) No change in tariff c\177assifica\177on required, provided that there is a regional value content of not less than: (1) 35 percent based on the build-up method, or (2) 45 percent based on the build.down method." 70, TCRs 115 through 119, thc\177usive, for chapter 84 are deleted and the following new TCRs are inserted: "115. A change to heading 8469 from any other heading. 119. A change to subheading 8472.30 from any other subheeding.' 71. TCRa 148 and 148 for chapter 84 are deleted and the following new TCRs are inserled: '148. (A) A change to subheedlng 8486.10 through 8486,40 from any other subheading ouIside that group; or (B) No change in tariff classification required provided there is a regional value c\177ntenl of not less than: (1) 35 percent on the build.up method, or (2) 45 percent on the bu\177ld-dowfl method. 149. (A) A change to su\1773heading 8486,90 from any other heading; or (B) NO change of tariff classification required provided there is a regional value content of not less than: (1) 35 percent on the build-up methad, or (2) 45 percen\177 on the build-dov\177 method. 150. A change to subheading 8487.10 from any other heading. 151. (A) A change to subheading 8487.90 from any other heading; or (B) No required change in tariff class[rice,Jan to subheading 8487.90, provided there is e regional value conlent of (1) 35 percent on the build-up methad, or (2) 45 percent on the build-down method." '10. (A) A change to electro-magoetic lifting heads of subheading 8505.90 from other goods of subheading 8505,90 or (B) A change to other goods of subheading 8505.90 from any other heading." group." 177

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 Proc. 8214 Title 3--The President 77. 'rcRs 51 through 60, inclusive, for chapter 85 are deleted ar\177i the foliowing newTCRs are inserted: '51. (A) A change to heeding 8523 \177rom any other heading; er (B) Recording of sound er Other slmlledy recorded phenomena onto blank or unrecorded media of heading 8523 shall confer origin whether or not there has been a change in tariff classilication. 53. A change to subhaedin\177s 8525.50 thmu\177 8527.60 from any othe,r subheading outside that group, except from Irensmlssk\177 apparatus of subheadings 8517.81 though 8517.62 and except from transmission apparatus incorporating reception apparatus of subheadings 8517.12, 8517.61 or 8517.62, 54. A change to subheadings 852580 through 8527.99 from any ether subheading, including another subheading within that group. 56. A change to subheading 8528.41 from any other subheading. 57. A change to subheeding 8528.49 from any other subheading, except from su\177haedings 7011.20, 8528.59, 8540.11 or 8540.91. 58. A change to subheading 8528.51 from any other subheading. 59. A change to subheading 8529.59 from any other subheading, except \177om subheadings 7011\33720, 8528.49, 8540.11 or 8540.91. 60. A change to subheading 8528.61 from any other subheading. 60A. A change to subheading 8528.69 from any other subheading. 60B. A change to subheading 8528.71 from any other subheading, except from subheadings 7011\33720, 8540.11 or 8540.91. 60C. A change to subheading 8528.72 from any other subheading, except flora subheadings 7011.20, 8528.73, 8540.11 or 8540.91. 60D. A change to subheading 8528.73 from any other subheading.' 78. The lext of TCR 62{A) for chapter 85 is depot ed and the fofiowing new text for such subdivision (A) is inserted: 79. TCR 89 for chapter 85 is deleted and the folidwing new TCR is inserlnd; '89. A change to subheading 8543\33710 from any other subheading, except from ion implanters for doping s emico\177ductor materials of subheading 8486.20.' 80. TCRs g2 through 94, inclusive, for chapter 85 are deleted and the following new'fCRs are inserted: '92. A change to subheading 8543.70 from any other stJbhead[ng. except f\177om subhead[rig 8523.52 or proximity cards and tags of subheading 8523.59. 94. (A) A change to subheadlng 8543.90 from any other heading, except from subheading 8486.90, or (B) No required change th tariff classification to subheading 8543.90, provided there is a regional value content of not less than: (1) 35 percent based on the build-up method, or (2} 45 percent based On the build*<fow\177 method\337' 81 TCR 97 for chapter 85 is deleted and the lollowing new TCRs are inserted: "97. A change to subheadings 8544.30 through 8544.42 from any other subheading. including another subheading within that group, provided there is a regional value content of not lees than: (A) 35 percent based on the build-up reelhad, or (B) 45 percent based on the buildSown method." 82. TCR 98 for chapter 85 is medi\365ed by deleting '8544.59" at each instance th subdivisions (A} and (B) and by inserting in lieu thereof '8544.49' in such subheadings\337 178
 * A change to subheading 8529.90 from any other subheading, excepl from subheading 8517,70; or'

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 Proclamations Proc. 8214 83. TCRs 11 anti 12 for chapter 87 are deleted and the following new TCR is inserted: '11. (A) A change to brakes and ser\177o-brakes and parts thereof of subheading 8708.30 from any other heading; or (B) A change to brakes and ea\177vo.bral(es and parts thereof of subheading 8708.30 from any other good of subheadings 8708.30 o\177 8708.99, whether or not \177ere is also a change from any other heading, provided there is a regional value content of not less than 30 percent based on the bLdld-up method." 84. The text of subdivision (B) of TCR 13 for chapter 87 is deleted and the following new text is inserted in such subdivision: "A change to gear boxes of subheading 8708.40 from parts of subheeding 8708.40 or from subheading 8708.99, whether or not there IS also a change from any other heading, provided there is e regional value content of not less then 30 percent based on the build-up method.' 85. The text of subdivision (B) of TCR 14 for chapter 85 is deleted and the following new text is inserted in suc\177 subdivision. "A change to drive axles with differart\365el, whether or not provided with other transmission c\177mponenls or to non-driving axles ol' subheeding 8708.50 from parts of subheading 8708.50 or from subheadings 8708.99 Or 8482.10 through 8482.80, whether o\177 not there is also a change from any other heading, provided the\177e is a regional value content of not 179

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 Proc. 8214 Title 3--The President 95. TCR 52 for cha pier 90 is deleted and the following new TCR is inserted: '52. A change to subheadings 9022.'19 through 9022.90 from any other subheeding, including another subheading within that gmop." 96. TCR 56 for chapter 90 is deleted and the fdilowing new TCR is inserted: ' '56. A change to subheadings 9025.11 through 9025.80 from any other subheading, including another subheading within \177hat group.' 97. TCRs 64 ar\177 65 for chapter 90 are deleted and the following new TCRs are inserted: '64. A c\177ange le subheadings 9030.10 Ihrough 9030.20 from any other subheading, including another subheading within that group. 64A. Achangetosubheading9030.32fromanyothersubheading, exceptfromsubheeding9030.84. 64B, A change to subheadings 9030.33 through 9030.82 lrom any other subheading, including another subheading within that group. 64C. A change to subheading 9030.84 from any other subheading, except fr0m subheading 9030.32. 64D. A change fo subheadings 9030.89 through 9030.90 from any other subheading, including another subheading within that group. 65. A change to subheadings 9031.10 through 9031.20 from any other subheading.' 98. TCR 67 for chapter 90 is deleted and the following new TCR is inserted: \17767. (A) A change to profile projectors of subheading 9031.49 flora any other subheading; er (B) A change to other optical instruments and appliances of subheading 9031.49 from any other subheading, except from subheading 9031.41 and from any other optical inslJ'uments and appliances of subheading 9031.49." 99. '\177CR 70 for chapter 90 is modified by inse\177ing after before the final comma the fotlo\177ng text: ', including another subheading v,4thin that group.' 100. TCR\177 2 and 3 for chapter 91 are baleled and the following newTCR is inserted: '2. (A} A change to electrically operated ewist-watches, whether or nol incorporating a stop-watch facility, of subheading 9101.19 from any other heading, provided that there is e regional vaJue conlent of not less than: (11 35 percent based on the build-up method, or (2) 45 percent based on the build-down method; or (B) A change to other goods of subheadlng 9101.19 from heading 9114, provide that there is s regional value content of not less than: (1) 35 percent based on the build-up method, or (2) 45 parcertl based on the build-down method; or (C) A change Io any good of subheading 9101.19 from any other chapter.' 101. TCR 9fetchapter 91 isdeleted and the following new TCR is insertad; '9. A change to headings 9108 through 9110 from any other heading, indoding another heading within that group, provided there is a regional value \177ntent of not less than: (A) 35 percent based on the build-up method, or (B) 45 percent based on the build-down method.' 102. TCR 2 for chapter 93 is deleted and the following new TCR is thserled: "2. A change to headings 9302 through 9303 hem any other heading, including another heading within that group. except from heading 9305 when that change is pursuant to general rule of interpretation 2(a)." '180

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 Proclamations Proc. 8214 103. TCR 1 for chapter 94 Is deleted and the following new TCR is inserted: '1. A change to s\177bheedlngs 9401.10 through 9401.80 fru\177 any othe\177 subheading, except from subheadings 9401.10 through 9401,80, 9403.10 through 9403.89, ar\177 except frora subheadings 9401.90 or 9403.90 when that change is pursuant to general rule of interpcetation 2(a).' 104. TCR 4 for chapter 94 is deleted and the following new TCR IS i\177eartad; '4. A c\177ange to subheadings 9403.10 through 9403.89 from any other subheading. except from subheadings 9401.10 th*'ough 9401.90, 9403.10 through 9403.89 and except from subheadings 9401,90 or 9403.90 when that change is pursuant to general rule of Interpretation 2(a).' 105. TCR 5 for chapter 94 Is daletoO and the fol[o\177g new TCR is inserted: '5. A change to subheadings 9403.90 through 9404.21 from any other heading, including another heading within that group." 106. TCRs I through 7. inclusive, for chapter 95 are deleted and the following new TCR is'inserted: '4. (A) A change to heading 9503 from any other chapter; o\177 (B) No required change in tariff classification provided there is a regional value content of not less than: ( 1 ) 35 percent based on the build-up method, or (2) 45 percent based On the bulld-dowrt method." 107. TCRs 8,10, 11, 13,15 and 17 for chapter 95 are each modified by adding the following text before the final peded; ", including another subheadlng within that group' 108. TCRs 1 and 20 for chapter g\177 are each modified by adding the following text before the final period: ". including another subheadlng within that group" 109. TCRs 25 and 26 for chaptel' 96 are deleted and the following new TCR is inserted: '26. A change to heading 9614 from a\177ly other heading." 110. TCRs 1 ar\177 2 for chapter 97 are each modified by adding the follOWing text before the final period: ', including another subheading v\177thin that group' B. Effective with respect to goods of Singapore, under the tames of general note 25 of the Harmonized Tariff Schedule of the United States (HTS). that are entered, or witndrawrt from warehouse for consumption, on or after January 1, 2008, \177 tabulation in general note 25(m) is deleted and the foilorang new tabulation is inserted i\177 lieu thereof; '\177t) 3818 Chemical \275temeers doped for use in electronics, \177n \234orm of dis\177. wafers o[ similar forms; chemical compounds doped for use m

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 Proc. 8214 Title 3--The President (7) 8443.39.10 Electrostatic photocopying apparalus, operating by reproducing the original ]mane directly onto the copy (direct pmce\177) (8) 8443.39.30 Other phelocopylng apparatus, incorporating an optical systean (9) 8443.99.25, 8443.99.35, Printed ci\177:uit asse\177blias for products falling within this ngrucmem, 8443.99.40, 8443.99.45, including such assemblies for e\177te\177al connections such as cards that 8471.50.01, 8473.30.1 I, co\177form to the PCMCIA standard (Such printed circuit assemblies 8473.50.30, 8473. ] 0.20, consin of one or more p\177med circuits of \177ending 8534 with one or 8473.21.00, 8473.29.00, more active elements assembled thereon, with or without passive 84'/3.40.]0, 8486.90.00, elemems. "Acti've elements" means diodes, tranaiaors, nnd similar 8 \1774.40.60, 8504.40.85, semiconductor devices, whethen or not photosmsi6ve, of]he heading 8504.90.20, 8504.90.65, 8541,and integrated circuits and micro assemblies of heading 8542.) 851'/.62.00, 8517.70.00, 8518.90.20, 8518.90.60, 8520.20.00, 8522.90.45, 853].90.15, 8538.90.10, 9013.90.50, 9017,90.01, 9026.90.20, 9026.90.60, 9027.90.45, 9027.90.54, 902'/.90.64, 9027.90.84, 9030.90.64, 9030.90.84, \177)031.91).54, 9031.90.70 (] 0) 8443.99.30, 8443.99.35. Pans of facsimile machines or telopt]atom; pans of]he apparatus of 8443.99.50, 851 ?.70.00 heading 8517 (] I ) 8443.99.40, 8443.99.45 Pans and accessories of copying machines (]2) 8469 Word processing machines (I 3 ) 8470 Ca]colaling machines and pocket-size data recording, r\177produc[ng and ' allsplaying machines with calculating functions; accounting machines, postage-frankin 8 machines, ticket-issuing machines and similar machines, incorporating n chicdin]lag device; cash registers (.] 4) 8471 ^utomatic data p\177'ocessing machines and units thee-mr; magnetin or opdcal \177dem, machim for u'anscn'bing data oreo dam media in coded form and machines for pencessing such data, no\177 elsewhere specified or included (15) 8471 ^utomatic data procons]rig machines \177;apabl\275 ef ( ] ) storing the proces,\177ing program or programs and at least the data immediately necessary for the e\177ecution of the pmgnnn; (2) being f\177nely progrmmned in accondance with the requirements of]he user,, performing arithmetical computations specified by the user; and (4 \275x\177cmlng, without human iraervin]iota a processing program which requin\177 them to modify their execution, by logical decision during the processing mn (The ngmemem covers such automatic data processing machines whether or not they are able In receive and p\177ocess with the assistance of cemral processing unit lelephony signals, television signals or other ans]ogue or digitally processed audio or vida\177 signals. Machines performing a specific function other than dam psucea\177ing, or incorporating or worldng in conjunction with an automatic data processing machine, and not othem, ise specified hem]n, am not covered by this ag\177ement.) (] 6) 8471.30.0] Portable digital automat/c data procraning machines, w\275iglting no mote than 10 kg, consisting of at ]east a central processing unit, n keyboard and a display 1 ] 7) 8471.30.01,847].41.01. ^nalogu\275 or hybrid aulomatlc data processing machines 8471.49.00, 8471.50.01 182

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 Proclamations Proc. 8214 (18) 8471.41.01 other digital automatic \177ata processing machines compfisin\177 in the same housing at less! a central processing unit and an input and output unit. whether or not combined (I 9) 847! .49.00 Other digital automatic data processin 8 nmchir,\177 prcs\177nted in thc form of systems (20) 8471.49.00. 8471.70.60, . Opdcal disc slotage units, for automatic data pmcessin 8 machines 8471.70\17790 (including CD drives and DVD drives). whether or rat having the capability of writing/\177eco\177in\177 as well as n\177iing, whether or not in their oven housings (21) 847].49,00,847].70,8523.29.10, Proprietary fonnat storsge devices including media therofor for 8523.40.]0, 8523.51.00, automatic data processing machines, with or wJ\177out rcmovable media 8523.59.00, and whether magn\177\275, optical or other techralog\276, including Bernoulli 8523.80.20, 8523,40.20, \177ox, Syquesl, or Zipdrive cartridge storage units 8523.40.40. 8523.29.90 (22) 847] .49.00, 847] .60.10, Fbll panel displays (including I. CD, electro luminescence, plasma and 8473.30. ! I, 8486.90.00, olher technologies) for products faJ]ing within this note, and pans 8517.70.00, 8473.30.$1, thereof 8531.20.00, 8531.90.15. 8531.90.75, 8543.70.92, 8543.90.65, 8543.90.85, 8528.51.00. 8528.61.00, 9013.80.70,9013.90.50 (23) 8471.50.01 Digital processing units other than those of subheadings 8471.41 and 8471.49, wh\177.r or not in the same housing one o\177' two of tl\177 following types of trails: storage units, inpu\177 units, outpro units (24) 8471.70 Storage units, including c\177ntral slurage units. optical disk storage units, hard disk drives and magnetic tarn.' storage units (25) 8471.80, 8517.62.00, 8517.69.00 Other units of automatlc data proc\177i, sing machines (26) M71.80.10. 8471.80.40, Network equipment: Local \177 Network (I-AN) and Wide Area 8471.80.90, 8471.49.00. Network (WAN) apparatus. includfng thos\177 products dedicated for use 8517.61.00, 8517.62.00, solely or principally to perm/t the intetcoraection of' automatic dam 8517.69.00 procasing machines and adits theseof for a network that is used primarily for the sha\177ng of r\177sources \177h as cantml processor units, data storage devic\177 and input and output units including the adapters. hul\177, in line repeaters, ennw\177ner\177, concentrators, bridges and routers. and printed circuit assemblies for physical incorporation into automatic data processing machines and units d\177'eof (26A) 8471.80.40, 8517.62.00 Multimedia upgrade 10ts for amorauric data processing machines, and units tht-mof, put up fo\177 \177ail sale, consisling of, at leant, speake\177 and/or microphoras as well us a primed circuit assembly that enables Ihe ADP machines and units thereof to p\177oc \177ss audio signals (sound ca\177ds) (27) 8471.90.00 Other (28) 8472.90.10 Automatic teller machin\177 (29) 8473.21 Pans and accessories of the machines of heading 8470 of the electronic calculaliug machines ofsubheading 8470.10. 8470,21 or 8470.29 (30) 8473.29 Pans and accessories of the machines of hcading 8470, other than electronic calculating machines of subheadings 8470.10. 8470.21 or 8470.29 (31 ) 8473.30 \177arls and accessories of Ihe machines of heading 8471 1_83

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 Proc. 8214 Title 3--The President (32) 8473.50 Pans and a\275cnssofies equally suitable for use with machines of two or more of hcadings 8469 to 8472 (33) 8486.10.00 Chemical vapor deposition apparatus for s\177niconductOr production (34) 8486.10.00, 8486.20.00 Dicing machine for scn'bing or scoring .\177,emiconductor wafer\177 (35) 8486.10.00, 8486.20.00, Apparatus for wet etching, clrveJoping, stripping or cleaning 8486.30.00, 8486.40.00 semiconductor wafer\177 and flat panel displays (36) 8486.10.00. 8486.20.00 Spin dr\177ers for semiconductor wafer processing ' (37) 8486.l 0.00 Machines for working any material by removal of material, by laser or other light or photo-beam in lhe production of s\177:nJconductor wafas (38) 8486.10.00 Machines for sawing monocryslal seraiconductor boules into slices, or wafe\177 into chips (39) 8486.10.00, 8486.20.00 Grinding, polishing and lapping machines for processing of semiconductor wafers (40) 8486.10.00 Apparatus for growing or pulling rannee .rystal semiconductox bou]es (41) 8486.20.00 Ion implanters designed for doping semiconductor materials (42) 8486.20.00 Apparatus for physical deposition by sputtering on semiconductor wafers (43) 8486.20.00 Epitaxial deposition machines for semiconductor wafers (44) 8486.20.00 Lase\177utlers for cutting contacting tracks in semiconductor production by laser besm (45) 8486.20.00 Machines for di'y,,-\275tching patterns on semiconductor materials (46) 8486.20.00 Apparatus for stripping or cleaning semiconductor wafers (4?) 8486.20.00 Physical deposition apparatus for semiconductor producllon (48) 8486.20.00 Spraying appliances for \177lching, slapping or cleanin 8 semiconductor wafe\177 {49) 8486.20.00 Spinners for coating photographic emulsions on semiconductor warns (50) 8486.20.00 Resistance healed furnaces and ovens for the manufacture of semiconductor devices on semiconductor wafe'm (51 ) 8486.20.00 Inductance or dielectric fumces and ovaas for the manufactnre of s\177ni- conductor devices on semiconductor waf'e'\177 (52) 8486.20.00 Apparatus for the pro. jection, drawing or plating circuit parlerns on .sensitized semiconductor rantertats or fiat panel displays (53) 8486.20.00 Apparatus for rapid heating of semiconductor wafers (S4) 8486.40.00 Focused ion beam milling machines to produce or r\177pail' masks and reticles for patterns on semiconductor din, ices (55) 8486.40.00 Machines for bending, folding and straightening semiconductor leads 184

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 Proclamations Proc. 8214 (56) 8486,40.00 Deftash machines for c]eaninl[ and removing contmninants f'mm the metal leads ofserolconductor packag\177 prior to the electroplaling process (57) 8486.40.00 Encapsulation equipment for assenbly of semiconductors (58) 8486.40,00 Pattern generating apparatus of a kind for pmducin 8 masl\177 and reticles from phOtotesla1 coated sub\177ratus (5\177) 8486.40.00 Automated machines for trampon, handling and slorage of semiconductor wafers, wafer cas.\177ttes, waf\177 boxes and other males\177a[ for semiconduclor devices (60) 8486.40.00 Die attach apperatus, tape automated bondors, and wire bonders for assernbly of semiconductors (6t) 8486.40.00 injection and compression molds for the manufactuxe of semiconductor devices (62) 8486.90.00 Pans of apparatus for we\177 etching, developing. stryp\177ng or cleaning sexniconductor wafers and flat panel displays (6.t) 8486.90.00 Pans and accessories of the apparatus o\234subhoading 8486,20 (64) 8486.90.00 Pans of epitaxial deposition machines \234or semiconductor warera (65) 8486.90.00 Parts of auiomated machines for trauspon, handling and slotage of scmiconductor wafers, wafer cassettes, waf\177 boxes and other material for semiconductor devices (66) 8486.90.00 Pans of apparatus for growing or pulling monOcc\177stal semiconductor bou]cs (67) 8486.90.00 Pans for spinners for coating photographic emulsions on (68} 8486.90.00 Pans for die attach apparatus, lape automated bonders. and wire bonder\177 for assembly of semiconductors (69) 8486.90.00 Pans ofphysica! deposition apparalus for semiconducto\177 production (70) 8486.90.00 Parts of encapsulation equipment for assembly of semiconduclors (71) 8486.90.00 Pans of apparatus for rapid heating of wafers (72} 8486.90.00 Pans and accessories for pattern generaling apparatus of a kind used for producing masks or reticles from pholormis1-.coated substrines (73) 8486.90.00 Parts of furoaces and ovens classified in subheadings 8486.10 through 8486.40 (74) 8486.90.00 Pans o f chemical vapor deposition apparates \234or s\177a-niconduclor production (75) 8486.90.00 Parts of resistance healed furnaces and ovens lot the manu\234acture of semiconductur devices on semiconductor warera (76) 8486.90.00 Pans of spin dffers for semiconductor wafer processing (77) 8486.90.00 Pans of ion implanters for doping semiconductor malcn-ials (78) 8486.90.00' Pans of machines for dry. etching patterns on semiconductor wafers 185

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 Proc. 8214 Title 3--The President (79) 8486.90.00 Pa\177s of spraying appliances for aching. slr[pping or c]\177 (80) 8486,\177.\177 Pa\177 ofa\177 for st\177ing or c\177 s\177iconduct\177 (81 ) 8486.90.\177 P\177 of \177c\177n\177 for wo\177g \177y \177t\177 \177 \177val of \177t\177l, by \177 or o\177 ]i\177 \177 p\177ton b\177m in \177e pr\177on of \177tor (82) 8486.\177.00 Pain of\177un\177 for cu\177 co\177 \177 in \177co\177u\177or p\177uction by 1\177 btam ($3) 8486.\177.00 Pn\177 of \177c\177n\177 for \177ding, fo\177in\177 a\177 \177ight\177n\177 s\177i\177u\177or (84) 8486.\177.\177 Pain of foc\177 ion \177m milling m\177n\177 to produce or \177ir \177d \177icl\177 for pue\177 on \177ico\177uctor d\177ic\177 (85) g486.90.\177 .Pans offfd\177inB, \177lishing a\177 lappin\177 \177chinm for pmc\177$ of (86) 8486.\177.\177 Pa\177 of dicing \177hin\177 for s\177dbing or \177o\177 s\177i\177ucmr (8\177) S486.90.\177 Pa\177 for \177chin\177 for \177wi\177 mo\177l \177ico\177uclor \177ulm imo slic\177, or \177f\177 imo (85) 8486.\177.\177 Pa\177 of ap\177m\177 for ph\177ical d\177silion by s\177u\177ng on s\177ico\177lor \177f\177 (89) 85\177.40.60, 8S04.40.70, Static conv\177 for amomatic \177 pmc\177sinff \177c\177n\177 and 85\177.40.85 thor, a\177 tellintoxication ap\177m\177 (\177) 8504.50.40 OIh\177 i\177uctom for \177wer s\177plim for aulomallc dna p\177m\177 (91) 851 \177 El\177tgcal ap\177ms for line let\177ho\177 or line teI\177mphy, \177clu\177ng tel\177o\177 s\177 with cordl\177 han\177 and telmo\177unicalion for c\177-cu\177l line s\177e\177m or for \177gi\177l llne s\177le\177; pa\177 th\177f (92) 851T.11.00 Qne s\177s \177th co\177]\177 \177n\177 (93) 8517.18.00 Oth\177 \177el\177hone s\177 and vi\177p\177 (94) g\177l T.61.00. 8\177 ] 7.62.\177, T\177nsmis\177on a\177a\177 othff \177han ap\177 for \177di\177b\177a\177ng or (9\177) 8517.6 ].\177. 8\177 17.62.\177 O\177h\177 appa\177t\177. fo\177 ca\177-cu\177 li\177 \177sl\177s or foz digi\177 ]ine (96) 8\177] 7.61 .\177. 8\17717.62.00, Transmission ap\177 inco\177ing \177ion ap\177 8517.12.\177. 8\1772\177.\177 (\1777) 8\17717.62.\177 Te]\177c or l\177phk switching (98) 85\177 T.62.\177. 8517.69.\177, Paging al\177 d\177.\177c\177. and \177 8517.70.\177 (\177) 8517.69.00 Po\177ble r\177eiv\177 for c\177ing. al\177 or \177ging (I00) 8517.69 O0 \177h\177 \177ppam\177us including \177 phone s\177s 186

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 Proclamations Proc. 8214 (10]) 8\177:17.70.00 Aerials or anlennae of a kind used with npparat as for radio-telephony and radio-telegraphy 002) 8517.70.00 Parts of transmission apparatus other than apparat us for radio- broadcasting or talevision t\177nsmission apparatus incorporating reception apparatus and pans of portable receivers for calling. alerting or paging (103) 8518.10.40 Microphones having a frequency range of 300 Hz to 3.4 KHz with a diaroetcr of not \177cecdfng 10 ram and a height nm exceeding 3 nun, for teleanmraunicatlon use (104) 8518.29.40 Loudsp\177ker\177, without housing, having a f\177queocy range of 300 Hz 3.4 \177 with a dioraeter of not exceeding 50 ntm, for tclecomraunlcation use (105) 85 ] 8.30, I 0 Line telephone handsets (I 06) 85 ! 8.40.10, 8518.90.20, Electric araplifico: when used as repeate\177 in llne telephony products $$18.90.60 falling within this agreement, and pat\177s thereof ( ! 07) 8519.50.00 Telephone an,vweriog\177 machines (108) 8525.29,10 Magnetic tapes of a width not exceeding 4 m.m (109) 8523.29.] 0 Magnetic tapes of a width exceeding 4 nun but no1 exceoding 6.5 nun (110) $523,29.10 Magnetic tapes of a width exceeding 6.5 ram (111) 8523.29.10, 8523.40.10, Other 8523.51 .O0, 8523.59.00, 8523.80.20 (]12) 8523.29.30 Magnetic discs (l ] 3) 8523.29.20 Magnetic tapes for reproducing phenomena other than sound or image (I 14) 8523.29.90.8523.80.20, Othcc For reproducing repl\177-sencalions of instructions, data, sound and 8523.59.00 image. recorded in a machine readable binary form. and capable of being manipulated or providing iraeractivity to a user, by means autoraatic data processing roachinc (! I $) 8523.29.90, 8523.59.00, Media for reproducing phenomena other than sound or iraage (I 16) 8523.40,20 Discs for laser reading Syslems for reproducing phenomena other than sound or imag\177 (117) $523.40,40 Other: For reproducing represeotatioes of instroctions, da'ta.'sound and image, recorded in a machine readable binary form. and capable of being manipulated or providing interactivity to a user. by means of an automatic data processing roachinc (118) 8523..52.00 Proximity cards and tags (l 19) 8525.50. I 0. $528.71.20 Set top box\177 which have a coromunicafion function: a microproc\177so!r- based device incorporating a modern for gaining access to the internei. and having a function o]' intc"ractive informalion exchange (] 20) 8525.80.40 Digital still image video coraeras 187

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 Proc. 8214 Title 3--The President ( 12 i) 85284 !.DO Monitors: display units of autumatic data processing machines with a cathode ray tube with a dol semen pitch sinIdler than 0.4 ram, not capable of reseiving and processing television signals or otbes analogue or digitally processed audio or vieleo signals withoul assi\177ance of a cemra] processing unh ofa compmer as de\177nod in this agreerector. The agreement does neL therefor., cover teic'visior'a, iucluding high. definition lelevisior',s ( ! 22) 8528\17761 .DO Projection type flat panel display units used with automalic data processing machines which can display digital hfformalion generarod by the central processing unit (123) 8531.20.00 Iodicaor panels iucoq0orating llquid crystal devices (LCD) \177or light emitxing diodes (LED) (]24) 853l\177DO.15. $53].90.75 parts of apparatus of subheading 8531.20 (125) 8532 Electrical capacitors. fixed, variable or adjustable (preset); pans thereof (I26) 8533 Electrical r\177istors (including rheostats and potentiometers}, other than heating resistors; parts thereof (127) 8534 Printed circuits (128) 8536.50.70 Electronic switches, iuc]udin8 temperature protected ducOonic swilches, consisting of a transistor and a logic chip (chip-on-chip technology) for a vo\177ge not exceeding IODO volts (129) 8536.50.70 Electromechanical snap-action switches [or a current not exceeding I 1 amps (I 30) 8536 50.70 Electronic AC switches consisting of orlicaily coupled input and output circuits (Insulated thyristor AC switches) (I 31 ) 8536.69.40 Plugs and. sockets for co-axial cables and printed circuits (I 32) 8536.90.40 Connection and contact elements for wires and cables (133) 8536.90.40 Wafer probers (134) 8541 Diodes, tran.\177istors and similar semiconductor devices; photosensitive semiconductor devices, iucludiug photovoltaic cells whcthe\177 or nol assembled in modules or made up into ponds: light-emittLng diodes; mottoled piezoelectric crystals; pans thereof 035) 8542. 8523.52.00, 8548.90.01 Electronic inl\275grated circuits and microassemblies; parts thereof (136) 8543.70.92 Electrical machines with translation or dictionary fuuctiom (l 3?) 8544.42.20 Other electric conductors, for a voltage exceeding 80 V but not exceeding IDO0 V, fated whh connecsors. ofa Idnd used for t\275leconlmunJcalions (138) 8544.42.20 Other electTic conductors. for a voltage nol eoccecding 80 V. fitted with connectors. of a kind used for tducommtmicatious (] 39) 8544.49. I 0 Other electric conductors. for a voltage no\177 exceeding 80 V. not fined with connectors. of a kind used for teJeconununicado\177 (]40) 8544.70.00 Opdcal fiber cables 188

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 Proclamations Proc. 8214 (141) 9018.1 l, 9018.12, 90J 8.1.'.'.3, Inslrumcnts and applhnces used in metheal, smyicaL dental or 9018.14, 9018. i 9 veterinary sciences,/ncluding scintigraphic apparatus, other e]eclxo- medical apparatus and sig\177 testing insuumcets; pans and accessories \177heraof (142) 9019 Mechant\177therapy appliances; massage apparatus; psychologicn! apdt\177de-tesfirig apparatus\177 ozone therapy, oxygen therapy, agosol therapy, artificial respiration or other therapeutic respiration apparatus; pa\177s and accassmies thereof (143) 9021 Orthopadic appliances, including crulchas, so\177ical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compeusale for a defect 'or disability; parts and accessoHm thereof (144) 9026 Instruments and apparatus for measuring or checking the flow, level, or other variables of liquids or gases (for example, flow meters. levd gauges, manometer, heat roetufa), exc;uding instruments and apparatus of heading 9014, 901 $, 9028 or 9032; parts and accessories thereof (145) 9027.20 Chmmatographa and elestmphoresis instruments (146) 9022.30 Spestromelers, spestmphotomelers and spectrographs using optical radiations ( LPv', visible, IR) (147) 9027.50.40, 902?.50.80 Othe\177 instruments and apparatus using ol\177ical radiations (UV, visible, 1R) of heading 9027 (148) 9027.80 Other instrumentS and apparatus of heading 902'/(other than those of heading 9027.10) (149) 9027.90.45, 9027.90.\1774. Parts and accessories of products of heading 9027, other than for gas or 9027.90.64. 9027.90.84 smoke analysis apparatus and mlcrotomes (150) 9030.40 Instrumenls and apparatus for measuring and checl(ing, specially designed for telecommunlcafior',s (for example, cross-talk roelets. gain measuring instmmeuts. distortion factor roelets, psophometets) (151) 9030.82 Instruments and apparatus for measuring or checking $cmicondnctor wafers or devices (152) 9030.90.64 Pafi\177 and accessories of inslrumorts and apparatus of subheading 9030.82 (l$3} 9030.90.g4 ?afisofinstrumentSandappllancesformesSurlngotche\177cking semiconductor wafers or devices (154) 9031.41.00 Photomicrographic microscopes fitted with equipment specifically designed for the handllng and annsport of selniconductor wafers or reticles (155) 903}.41.00 Optical stereoscopic microscopes fitted with equipme/it specifically designed for the handling and transport of semiconductor wafer or reticles (! 56) 903].4 J.00.9031.49.70 Optical instraments and appliances for [mpecting semiconductor wafers or devices or for inspeclin\177 masks. photomasks or \177icles nsed in manufactur{ng semiconductor dewices (I 57) 9031.49.70 Oplieal instruments and appliances for messor;ng surface particulate contamination on semiconductor wa\234em 189

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 Proc. 8214 Title 3--The President (I 58) 9031,80.40 Electron beam microscopes fitted wilh equipment specificall\177 designed for the handling and transport of semiconductor wafers or n\177icles (I 59) 90.31,90,54 Par\177s and accessories of optical insmimeals and appliances for i\177specting \177emicor\177l\177ctor waf\177 or d\177-wic\177 or for i\177'pectin\177 mas\177, photomasks or r\177icles used in manufacturing s\177niconduclor devices (160} \177031.90.54 Parts and accessories of phOtomicrosraphJc micl'oscopes fitted with equipment sp\177ifically d\177si\177.JaXi for the hal\177iling and lra\177spoil of semicongaclor waf\177 or r\177icles (161) 9031.90.54 Pans and accmsori\177s of optical insraiments a\177cl appliances for m\177asuri\177g surface pallfculate contamination on semiconductor wafers (162) 9031.90..\1774 Pans and acce\177ssorlm of optical sle. r\177scopic microscopes fitted wi\177h equipm\177'm specifically d\177sigaed for the handllnff ar\177l lranspon of \177emicondocior wafers or \177'e\177icles (163) 9031.90.70 Pans and accmsorlm of electron beam microscopes fitted with equipmenl specifically designeg for the handllnff and tmnsporl of s\177miconduclor warera or reticles" 190

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 EXECUTIVE ORDERS Executive Order 13422 of January 18, 2007 Further Amendment to Executive Order 12866 on Regulatory Planning and Review By the authority vested in me as President by the Constitution and laws of the United States of America, it is hereby ordered that Executive Order 12866 of September 30, 1993, as amended, is further amended as follows: Section 1. Section \177 is amended as follows: (a) Section \177(b)(\177) is amended to read as follows: "(\177) Each agency shall identify in writing the specific market failure (such as externalides, market power, lack of information) or other spe- cific problem that it intends to address (including, where applicable, the failures of public institutions) that warrant new agency action, as well as assess the significance of that problem, to enable assessment of wheth- er any new regulation is warranted." (b) by inserting in section l(b)(7) after "regulation" the words "or guid- ance document". (c) by inserting in section \177(b)(\1770) in both places after "regulations" the words "and guidance documents". (d) by inserting in section \177(b)(\177l) after "its regulations" the words "and guidance documents". (e) by inserting in section \177(b)(\1772) after "regulations" the words "and guidance documents". Sec. 2. Section 2 is amended as follows: (a) by inserting in section 2(a) in both places after "regulations" the words "and guidance documents". (b) by inserting in section 2(b) in both places after "regulations" the words "and guidance documents". Sec. 3. Section 3 is amended as follows: (a) by striking in section 3(d) "or 'rule' "after" 'Regulation' "; (b) by striking in section 3(d)(l) "or rules" after "Regulations"; (c) by striking in section 3(d)(2) "or rules" after "Regulations";

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 EO 13422 Title 3--The President (d) by striking in section 3(d)(3) "or rules" after "Regulations"; (e) by striking in section 3(e) "rule or" from "final rule or regulation"; (f) by striking in section 3(f) "rule or" from "rule or regulation"; (g) by inserting after section 3(f) the following: "(g) "Guidance document" means an agency statement of general ap- plicability and future effect, other than a regulatory action, that sets forth a policy on a statutory, regulatory, or technical issue or an inter- pretation of a statutory or regulatory issue. (h) "Significant guidance document" -- (1) Means a guidance document disseminated to regulated entities or the general public that, for purposes of this order, may reasonably be anticipated to: (A) Lead to an annual effect of $100 million or more or adversely affect in a material way the economy, a sector of the economy, pro- ductivity, competition, iobs, the environment, public health or safe- ty, or State, local, or tribal governments or communities; (t\177) Create a serious inconsistency or otherwise interfere with an ac- tion taken or planned by another agency; (C) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights or obligations of recipients thereof; or (D) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive order; and (2) Does not include: (A) Guidance documents on regulations issued in accordance with the formal rulemaking provisions of 5 U.S.C. 556, 557; (t\177) Guidance documents that pertain to a military or foreign affairs function of the United States, other than procurement regulations and regulations involving the import or export of non-defense arti- cles and services; (C) Guidance documents on regulations that are limited to agency organization, management, or personnel matters; or (D) Any other category of guidance documents exempted by the Ad- ministrator of OIRA." Sec. 4. Section 4 is amended as follows: (a) Section 4(a) is amended to read as follows: "The Director may con- vene a meeting of agency heads and other government personnel as ap- propriate to seek a common understanding of priorities and to coordinate regulatory efforts to be accomplished in the upcoming year." (b) The last sentence of section 4(c)(\177) is amended to read as follows: "Unless specifically authorized by the head of the agency, no rulemaking shall commence nor be included on the Plan without the approval of the agency's Regulatory Policy Office, and the Plan shall contain at a min- imum:". (c) Section 4(c)(\177)(B) is amended by inserting "of each rule as well as the agency's best estimate of the combined aggregate costs and benefits of all its regulations planned for that calendar year to assist with the identification of priorities" after "of the anticipated costs and benefits".

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 Executive Orders EO 13423 (d) Section 4(c)(1)(C) is amended by inserting ", and specific citation to such statute, order, or other legal authority" after "court order". Sec. 5. Section 6 is amended as follows: (a) by inserting in section 6(a)(1) "In consultation with OIRA, each agen- cy may also consider whether to utilize formal rulemaking procedures under 5 U.S.C. 556 and 557 for the resolution of complex determina- tions" after "comment period of not less than 60 days." (b) by amending the first sentence of section 6(a)(2) to read as follows: "Within 60 days of the date of this Executive order, each agency head shall designate one of the agency's Presidential Appointees to be its Reg- ulatory Policy Officer, advise OMB of such designation, and annually up- date OMB on the status of this designation." Sec. 6. Sections 9-\177 are redesignated respectively as sections \1770-\1772. Sec. 7. After section 8, a new section 9 is inserted as follows: "Sec. \365. Significunt Guidunce Documents. Each agency shall provide OIRA, at such times and in the manner specified by the Administrator of OIRA, with advance notification of any significant guidance docu- ments. Each agency shall take such steps as are necessary for its Regu- latory Policy Officer to ensure the agency's compliance with the re- quirements of this section. Upon the request of the Administrator, for each matter identified as, or determined by the Administrator to be, a significant guidance document, the issuing agency shall provide to OIRA the content of the draft guidance document, together with a brief explanation of the need for the guidance document and how it will meet that need. The OIRA Administrator shall notify the agency when additional consultation will be required before the issuance of the sig- nificant guidance document." Sec. 8. Newly designated section 10 is amended to read as follows: "Sec. 10. Preservution of Agency Authority. Nothing in this order shall be construed to impair or otherwise affect the authority vested by law in an agency or the head thereof, including the authority of the Attor- ney General relating to litigation." GEORGE W. BUSH The White House, Junuuzy 18, 2007. Executive Order 13423 of January 24, 2007 Strengthening Federal Environmental, Energy, and Transportation Management By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen the environmental, en- ergy, and transportation management of Federal agencies, it is hereby or- dered as follows: Section 1. Policy. It is the policy of the United States that Federal agencies conduct their environmental, transportation, and energy-related activities 193

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 EO 13423 Title 3--The President under the law in support of their respective missions in an environ- mentally, economically and riscally sound, integrated, continuously im- proving, efficient, and sustainable manner. Sec. 2. Goals for Agencies. In implementing the policy set forth in section i of this order, the head of each agency shall: (a) improve energy efficiency and reduce greenhouse gas emissions of the agency, through reduction of energy intensity by (i) 3 percent annually through the end of fiscal year 2015, or (ii) 30 percent by the end of fiscal year 2015, relative to the baseline of the agency's energy use in fiscal year 2003; (b) ensure that (i) at least half of the statutorily required renewable energy consumed by the agency in a fiscal year comes from new renewable sources, and (ii) to the extent feasible, the agency implements renewable energy generation projects on agency property for agency use; (c) beginning in FY 2008, reduce water consumption intensity, relative to the baseline of the agency's water consumption in fiscal year 2007, through life-cycle cost-effective measures by 2 percent annually through the end of fiscal year 2015 or 16 percent by the end of fiscal year 2015; (d) require in agency acquisitions of goods and services (i) use of sustain- able environmental practices, including acquisition of biobased, environ- mentally preferable, energy-efricient, water-efficient, and recycled-content products, and (ii) use of paper of at least 30 percent post-consumer fiber content; (e) ensure that the agency (i) reduces the quantity of toxic and hazardous chemicals and materials acquired, used, or disposed of by the agency, (ii) increases diversion of solid waste as appropriate, and (iii) maintains cost- effective waste prevention and recycling programs in its facilities; (f) ensure that (i) new construction and major renovation of agency build- ings comply with the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings set forth in the Federal Leadership in High Pe\177ormance and Sustainable Buildings Memorandum of Under- standing (2006), and (ii) 15 percent of the existing Federal capital asset building inventory of the agency as of the end of fiscal year 2015 incor- porates the sustainable practices in the Guiding Principles; (g) ensure that, if the agency operates a fleet of at least 20 motor vehicles, the agency, relative to agency baselines for fiscal year 2005, (i) reduces the fieet's total consumption of petroleum products by 2 percent annually through the end of fiscal year 2015, (ii) increases the total fuel consump- tion that is non-petroleum-based by 10 percent annually, and (iii) uses plug-in hybrid (PIH) vehicles when PIH vehicles are commercially available at a cost reasonably comparable, on the basis of life-cycle cost, to non-PIH vehicles; and (h) ensure that the agency (i) when acquiring an electronic product to meet its requirements, meets at least 95 percent of those requirements with an Electronic Product Environmental Assessment Tool (EPEAT)-registered electronic product, unless there is no EPEAT standard for such product, (ii) 194

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 Executive Orders EO 13423 enables the Energy Star feature on agency computers and monitors, (iii) es- tablishes and implements policies to extend the useful life of agency elec- tronic equipment, and (iv) uses environmentally sound practices with re- spect to disposition of agency electronic equipment that has reached the end of its useful life. Sec. 3. Duties of Heads of Agencies. In implementing the policy set forth in section 1 of this order, the head of each agency shall: (a) implement within the agency sustainable practices for (i) energy effi- ciency, greenhouse gas emissions avoidance or reduction, and petroleum products use reduction, (ii) renewable energy, including bioenergy, (iii) water conservation, (iv) acquisition, (v) pollution and waste prevention and recycling, (vi) reduction or elimination of acquisition and use of toxic or hazardous chemicals, (vii) high performance construction, lease, operation, and maintenance of buildings, (viii) vehicle fleet management, and (ix) electronic equipment management; (b) implement within the agency environmental management systems (EMS) at all appropriate organizational levels to ensure (i) use of EMS as the primary management approach for addressing environmental aspects of internal agency operations and activities, including environmental aspects of energy and transportation functions, (ii) establishment of agency objec- tives and targets to ensure implementation of this order, and (iii) collection, analysis, and reporting of information to measure performance in the im- plementation of this order; (c) establish within the agency programs for (i) environmental management training, (ii) environmental compliance review and audit, and (iii) leader- ship awards to recognize outstanding environmental, energy, or transpor- tation management performance in the agency; (d) within 30 days after the date of this order (i) designate a senior civilian officer of the United States, compensated annually in an amount at or above the amount payable at level IV of the Executive Schedule, to be re- sponsible for implementation of this order within the agency, (ii) report such designation to the Director of the Office of Management and Budget and the Chairman of the Council on Environmental Quality, and (iii) assign the designated official the authority and duty to (A) monitor and report to the head of the agency on agency activities to carry out subsections (a) and (b) of this section, and (B) perform such other duties relating to the imple- mentation of this order within the agency as the head of the agency deems appropriate; (e) ensure that contracts entered into after the date of this order for con- tractor operation of government-owned facilities or vehicles require the contractor to comply with the provisions of this order with respect to such facilities or vehicles to the same extent as the agency would be required to comply if the agency operated the facilities or vehicles; (f) ensure that agreements, permits, leases, licenses, or other legally-binding obligations between the agency and a tenant or concessionaire entered into after the date of this order require, to the extent the head of the agency de- termines appropriate, that the tenant or concessionaire take actions relating to matters within the scope of the contract that facilitate the agency's com- pliance with this order;

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 EO 13423 Title 3--The President (g) provide reports on agency implementation of this order to the Chairman of the Council on such schedule and in such format as the Chairman of the Council may require; and (h) provide information and assistance to the Director of the Office of Man- agement and Budget, the Chairman of the Council, and the Federal Envi- ronmental Executive. Sec. 4. Additional Duties of the Chairman of the Council on Environmental Quality. In imp]ementing the po]icy set forth in section 1 of this order, the Chairman of the Counci] on Environmenta] Qua]ity: (a) (i) sha]] estab]ish a Steering Committee on Strengthening Federa] Envi- ronmenta], Energy, and Transportation Management to advise the Director of the Office of Management and Budget and the Chairman of the Counci] on the performance of their functions under this order that sha]] consist ex- c]usive]y of (A) the Federa] Environmenta] Executive, who sha]] chair, con- vene and preside at meetings of, determine the agenda of, and direct the work of, the Steering Committee, and (B) the senior officia]s designated under section 3(d)(i) of this order, and (ii) may estab]ish subcommittees of the Steering Committee, to assist the Steering Committee in deve]oping the advice of the Steering Committee on particu]ar subjects; (b) may, after consu]tation with the Director of the Office of Management and Budget and the Steering Committee, issue instructions to imp]ement this order, other than instructions within the authority of the Director to issue under section 5 of this order; and (c) shall administer a presidential leadership award program to recognize exceptional and outstanding environmental, energy, or transportation man- agement performance and excellence in agency efforts to implement this order. Sec. 5. Duties of the Director of the Office of Management and Budget. In implementing the policy set forth in section 1 of this order, the Director of the Office of Management and Budget shall, after consultation with the Chairman of the Council and the Steering Committee, issue instructions to the heads of agencies concerning: (a) periodic evaluation of agency implementation of this order; (b) budget and appropriations matters relating to implementation of this order; (c) implementation of section 2(d) of this order; and (d) amendments of the Federal Acquisition Regulation as necessary to im- plement this order. Sec. 6. Duties of the Federal Environmental Executive. A Federal Environ- mental Executive designated by the President shall head the Office of the Federal Environmental Executive, which shall be maintained in the Envi- ronmental Protection Agency for funding and administrative purposes. In implementing the policy set forth in section \177 of this order, the Federal En- vironmental Executive shall: (a) monitor, and advise the Chairman of the Council on, performance by agencies of functions assigned by sections 2 and 3 of this order;

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 Executive Orders EO 13423 (b) submit a report to the President, through the Chairman of the Council, not less often than once every 2 years, on the activities of agencies to im- plement this order; and (c) advise the Chairman of the Council on the Chairman's exercise of au- thority granted by subsection 4(c) of this order. Sec. 7. Limitations. (a) This order shall apply to an agency with respect to the activities, personnel, resources, and facilities of the agency that are lo- cated within the United States. The head of an agency may provide that this order shall apply in whole or in part with respect to the activities, per- sonnel, resources, and facilities of the agency that are not located within the United States, if the head of the agency determines that such applica- tion is in the interest of the United States. (b) The head of an agency shall manage activities, personnel, resources, and facilities of the agency that are not located within the United States, and with respect to which the head of the agency has not made a determination under subsection (a) of this section, in a manner consistent with the policy set forth in section i of this order to the extent the head of the agency de- termines practicable. Sec. 8. Exemption Authority. (a) The Director of National Intelligence may exempt an intelligence activity of the United States, and related personnel, resources, and facilities, from the provisions of this order, other than this subsection and section 10, to the extent the Director determines necessary to protect intelligence sources and methods from unauthorized disclosure. (b) The head of an agency may exempt law enforcement activities of that agency, and related personnel, resources, and facilities, from the provisions of this order, other than this subsection and section 10, to the extent the head of an agency determines necessary to protect undercover operations from unauthorized disclosure. (c) (i) The head of an agency may exempt law enforcement, protective, emergency response, or military tactical vehicle fleets of that agency from the provisions of this order, other than this subsection and section 10. (ii) Heads of agencies shall manage fleets to which paragraph (i) of this sub- section refers in a manner consistent with the policy set forth in section i of this order to the extent they determine practicable. (d) The head of an agency may submit to the President, through the Chair- man of the Council, a request for an exemption of an agency activity, and related personnel, resources, and facilities, from this order. Sec. 9. Definitions. As used in this order: (a) "agency" means an executive agency as defined in section 105 of title 5, United States Code, excluding the Government Accountability Office; (b) "Chairman of the Council" means the Chairman of the Council on Envi- ronmental Quality, including in the Chairman's capacity as Director of the Office of Environmental Quality; (c) "Council" means the Council on Environmental Quality; (d) "environmental" means environmental aspects of internal agency oper- ations and activities, including those environmental aspects related to en- ergy and transportation functions; 197

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 EO 13423 Title 3--The President (e) "greenhouse gases" means carbon dioxide, methane, nitrous oxide, hydrofiuorocarbons, perfiuorocarbons, and sulfur hexafiuoride; (f) "life-cycle cost-effective" means the life-cycle costs of a product, project, or measure are estimated to be equal to or less than the base case (i.e., cur- rent or standard practice or product); (g) "new renewable sources" means sources of renewable energy placed into service after January l, 1999; (h) "renewable energy" means energy produced by solar, wind, biomass, landfill gas, ocean (including tidal, wave, current and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydro- electric project; (i) "energy intensity" means energy consumption per square foot of build- ing space, including industrial or laboratory facilities; (j) "Steering Committee" means the Steering Committee on Strengthening Federal Environmental, Energy, and Transportation Management estab- lished under subsection 4(b) of this order; (k) "sustainable" means to create and maintain conditions, under which humans and nature can exist in productive harmony, that permit fulfilling the social, economic, and other requirements of present and future genera- tions of Americans; and (1) "United States" when used in a geographical sense, means the fifty states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Northern Mar- iana Islands, and associated territorial waters and airspace. Sec. 10. General Provisions. (a) This order shall be implemented in a man- ner consistent with applicable law and subject to the availability of appro- priations. (b) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relat- ing to budget, administrative, or legislative proposals. (c) This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees or agents, or any other person. Sec. 11. Revocations; Conforming Provisions. (a) The fo]]owing are revoked: (i) Executive Order \1773\1770\177 of September \1774, 1998; (ii) Executive Order \1773\17723 of June 3, \177999; (iii) Executive Order \1773134 of August \1772, \177999, as amended; (iv) Executive Order \1773\17748 of April 2% 2000; and (v) Executive Order \1773\17749 of April 2% 2000. (b) In light of subsection 3\1777(e) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law \17707-\17707), not later than January \177 of each year through and including 20\1770, the Secretary of Defense shall submit to

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 Executive Orders EO 13425 the Senate and the House of Representatives a report regarding progress made toward achieving the energy efficiency goals of the Department of De- fense. (c) Section 3(b)(vi) of Executive Order 13327 of February 4, 2004, is amend- ed by striking "Executive Order 13\17748 of April 2% 2000" and inserting in lieu thereof "other executive orders". GEORGE W. BUSH The White House, ]anuazy 24, 2007. Executive Order 13424 of January 26, 2007 Further Amendment to Executive Order 13285, Relating to the President's Council on Service and Civic Participation By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to extend the President's Council on Service and Civic Participation, it is hereby ordered that Execu- tive Order \1773285 of January 29, 2003, as amended, is further amended by revising section 4(b) to read as follows: "(b) Unless further extended by the President, this order shall expire on November 30, 2008." GEORGE W. BUSH The White House, Januazy 26, 2007. Executive Order 13425 of February 14, 2007 Trial of Alien Unlawful Enemy Combatants by Military Commission By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Military Commissions Act of 2006 (Public Law \17709-366), the Authorization for Use of Military Force (Public Law 107-40), and section 948b(b) of title \1770, United States Code, it is hereby ordered as follows: Section 1. Establishment of Militaty Commissions. There are hereby estab- lished military commissions to try alien unlawful enemy combatants for of- fenses triable by military commission as provided in chapter 47A of title \1770. Sec. 2. Definitions. As used in this order: (a) "unlawful enemy combatant" has the meaning provided for that term in section 948a(\177) of title \1770; and (b) "alien" means a person who is not a citizen of the United States. 199

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 EO 13426 Title 3--The President Sec. 3. Supersedum. This order supersedes any provision of the President's Military Order of November 13, 2001 (66 Fed. Beg. 57,833), that relates to trial by military commission, specifically including: (a) section 4 of the Military Order; and (b) any requirement in section 2 of the Military Order, as it relates to trial by military commission, for a determination off (i) reason to believe specified matters; or (ii) the interest of the United States. Sec. 4. General Provisions. (a) This order shall be implemented in accord- ance with applicable law and subject to the availability of appropriations. (b) The heads of executive departments and agencies shall provide such in- formation and assistance to the Secretary of Defense as may be necessary to implement this order and chapter 47A of title 10. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, entities, officers, em- ployees, or agents, or any other person. GEORGE W. BUSH THE WHITE HOUSE, February 14, 2007. Executive Order 13426 of March 6, 2007 Establishing a Commission on Care for America's Returning Wounded Warriors and a Task Force on Returning Global War on Terror Heroes By the authority vested in me as President by the Constitution and the laws of the United States of America, and to provide a comprehensive review of the care provided to America's returning Global War on Terror service men and women from the time they leave the battlefield through their re- turn to civilian life, it is hereby ordered as follows: Section 1. Establishment of Commission. There is established the Presi- denifs Commission on Care for America's Returning Wounded Warriors (Commission). Sec. 2. Membership of Commission. The Commission shall be composed of nine members appointed by the President. The President shall designate two Co-Chairs from among the members of the Commission. Sec. 3. Mission of Commission. The mission of the Commission shall be to: (a) examine the effectiveness of returning wounded service members' tran- sition from deployment in support of the Global War on Terror to success- ful return to productive military service or civilian society, and recommend needed improvements; (b) evaluate the coordination, management, and adequacy of the delivery of health care, disability, traumatic injury, education, employment, and 200

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 Executive Orders EO 13426 other benefits and services to returning wounded Global War on Terror service members by Federal agencies as well as by the private sector, and recommend ways to ensure that programs provide high-quality services; (c) (i) analyze the effectiveness of existing outreach to service members re- garding such benefits and services, and service members' level of aware- ness of and ability to access these benefits and services, and (ii) identify ways to reduce barriers to and gaps in these benefits and services; and (d) consult with foundations, veterans service organizations, non-profit groups, faith-based organizations, and others as appropriate, in performing the Commission's functions under subsections (a) through (c) of this sec- tion. Sec. 4. Administrution of Commission. (a) The Secretary of Defense shall, to the extent permitted by law, provide administrative support and funding for the Commission. To the extent per- mitted by law, office space, analytical support, and staff support for the Commission shall be provided by the Department of Defense. (b) Members of the Commission shall serve without any compensation for their work on the Commission. Members of the Commission appointed from among private citizens of the United States, while engaged in the work of the Commission, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving inter- mittently in Government service (5 U.S.C. 5701-5707), consistent with the availability of funds. (c) The Co-Chairs of the Commission shall select an Executive Director to coordinate administration of the Commission. (d) The heads of executive branch departments and agencies shall, to the extent permitted by law, provide the Commission with information as re- quested by the Co-Chairs. (e) The Co-Chairs of the Commission shall convene and preside at the meetings of the Commission, determine its agenda, and direct its work. (f) The functions of the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App.)(Act), except for those in section 6 of that Act, that are applicable to the Commission, shall be performed by the Sec- retary of Defense, in accordance with the guidelines that have been issued by the Administrator of General Services. Sec. 5. Report of Commission. The Commission shall report its rec- ommendations to the President through the Secretary of Defense and the Secretary of Veterans Affairs. The Commission shall issue a final report by June 30, 2007, unless the Co-Chairs provide written notice to the President that an extension is necessary, in which case the Commission shall issue the final report by July 3% 2007. Sec. 6. Terminution of Commission. The Commission shall terminate 30 days after submitting its final report, unless extended by the President prior to that date. Sec. 7. Estublishment of Tusk Force. The Secretary of Veterans Affairs (Sec- retary) shall establish within the Department of Veterans Affairs for admin- istrative purposes only an Interagency Task Force on Returning Global War on Terror Heroes (Task Force). 201

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 EO 13426 Title 3--The President Sec. 8. Membership and Operation of Task Force. The Task Force shall consist exclusively of the following members, or their designees who shall be at the Under Secretary level (or its equivalent) or higher: (a) the Secretary of Veterans Affairs, who shall serve as Chair; (b) the Secretary of Defense; (c) the Secretary of Labor; (d) the Secretary of Health and Human Services; (e) the Secretary of Housing and Urban Development; (f) the Secretary of Education; (g) the Director of the Office of Management and Budget; (h) the Administrator of the Small Business Administration; and (i) other officers or employees of the United States, as determined by the Secretary. The Secretary or the Secretary's designee shall convene and preside at meetings of the Task Force and direct its work. The Secretary shall des- ignate an official of the Department of Veterans Affairs to serve as the Exec- utive Secretary of the Task Force, and the Executive Secretary shall head any staff assigned to the Task Force. Sec. \365. Mission of Task Force. The mission of the Task Force shall be to: (a) identify and examine existing Federal services that currently are pro- vided to returning Global War on Terror service members; (b) identify existing gaps in such services; (c) seek recommendations from appropriate Federal agencies on ways to fill those gaps as effectively and expeditiously as possible using existing re- sources; and (d) (i) ensure that in providing services to these service members, appro- priate Federal agencies are communicating and cooperating effectively, and (ii) facilitate the fostering of agency communications and cooperation through informal and formal means, as appropriate. Sec. 10. Administration of Task Force. The Secretary of Veterans Affairs shall, to the extent permitted by law, provide administrative support and funding for the Task Force. Sec. 11. Action Plan of Task Force. Consistent with applicable law, the Task Force shall outline a Government-wide action plan that identifies ex- isting Federal selwices for returning Global War on Terror selwice men and women and that ensures the provision of such services to those service members as effectively and expeditiously as possible. The Task Force shall submit the action plan to the President within 45 days of the date of this order. Sec. 12. Termination of Task Force. The Secretary, with the approval of the President, shall terminate the Task Force upon the completion of its duties. Sec. 13. General Provisions. 202

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 Executive Orders EO 13428 (a) Nothing in this order shall be construed to impair or otherwise affect (i) authority granted by law to an agency or the head thereof, or (ii) func- tions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, entities, officers, employees, agents, or any other person. GEORGE W. BUSH The White House, March 6, 2007. Executive Order 13427 of March 7, 2007 Extending Privileges and Immunities to the Permanent Observer Mission of the Holy See to the United Nations By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7(b) of the Department of State Authorities Act of 2006 (22 U.S.C. 2881), I hereby extend to the Permanent Observer Mission of the Holy See to the United Nations in New York, and to its members, the privileges and immunities enjoyed by the diplomatic missions of member states to the United Nations, and members of such missions, subject to corresponding conditions and obligations. This extension of privileges and immunities is not intended to abridge in any respect privileges or immunities that the Permanent Observer Mission of the Holy See to the United Nations in New York and its members other- wise may have acquired or may acquire by law. GEORGE W. BUSH The White House, March 7, 2007. Executive Order 13428 of April 2, 2007 Renaming a National Forest in the Commonwealth of Puerto Rico By the authority vested in me as President by the Constitution and the laws of the United States of America, including section i of the Act of June 4, 1897 (16 U.S.C. 473) and section i of the Act of July 1, 1902 (48 U.S.C. 746), and to rename the Caribbean National Forest in the Commonwealth of Puerto Rico, it is hereby ordered as follows: Section 1. The Caribbean National Forest in the Commonwealth of Puerto Rico is hereby renamed the "El Yunque National Forest." 203

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 EO 13429 Title 3--The President Sec. 2. Previous references to the Caribbean National Forest in Executive Order 7059-A of June 4, 1935, and Executive Order 10992 of February 9, \177962, shall, for all purposes hereafter, be deemed references to the "El Yunque National Forest." Sec. 3. This order shall be implemented in accordance with applicable law and subject to the availability of appropriations. Sec. 4. This order is not intended to, and does not, create any right or ben- efit, substantive or procedural, enforceable at law or in equity by any party against the United States, agencies, entities, officers, employees, or agents thereof, or any other person. GEORGE W. BUSH The White House, April 2, 2OO7. Executive Order 13429 of April 4, 2007 Establishing an Emergency Board To Investigate a Dispute Between Metro-North Railroad and Its Maintenance of Way Employees Represented by the International Brotherhood of Teamsters A dispute exists between Metro-North Railroad and its maintenance of way employees represented by the International Brotherhood of Teamsters. The dispute has not heretofore been adjusted under the provisions of the Railway Labor Act, as amended, 45 U.S.C. \1775\177-\17788 (the "Act"). A first emergency board to investigate and report on this dispute and dis- putes of other employees represented by other labor organizations was es- tablished on December 7, 2006, by Executive Order 134\1777 of December 6, 2006. The emergency board terminated upon issuance of its report. Subse- quently, its recommendations were not accepted by the parties. A party empowered by the Act has requested that the President establish a second emergency board pursuant to section 9A of the Act (45 U.S.C. \17759a). Section 9A(e) of the Act provides that the President, upon such request, shall appoint a second emergency board to investigate and report on the dispute. NOW, THEREFORE, by the authority vested in me as President by the Con- stitution and the laws of the United States, including section 9A of the Act, it is hereby ordered as follows: Section 1. Establishmei\177! of Emergency Board (Board). There is established, effective April 6, 2007, a Board of three members to be appointed by the President to investigate and report on this dispute. No member shall be pe- cuniarily or otherwise interested in any organization of railroad employees or any carrier. The Board shall perform its functions subject to the avail- ability of funds. 204

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 Executive Orders EO 13430 Sec. 2. Beport. Within 30 days after the creation of the Board, the parties to the dispute shall submit to the Board final offers for settlement of the dispute. Within 30 days after the submission of final offers for settlement of the dispute, the Board shall submit a report to the President setting forth its selection of the most reasonable offer. Sec. 3. Maintaining Conditions. As provided by section 9A(h) of the Act, from the time a request to establish a second emergency board is made until 60 days after the Board submits its report to the President, the parties to the controversy shall make no change in the conditions out of which the dispute arose except by agreement of the parties. Sec. 4. Becords Maintenance. The records and files of the Board are records of the Office of the President and upon the Board's termination shall be maintained in the physical custody of the National Mediation Board. Sec. 5. Expiration. The Board shall terminate upon the submission of the report provided for in section 2 of this order. GEORGE W. BUSH The White House, April 4, 2OO7. Executive Order 13430 of April 18, 2007 2007 Amendments to the Manual for Courts-Martial, United States By the authority vested in me as President by the Constitution and the laws of the United States of America, including chapter 47 of title 10, United States Code (Uniform Code of Military Justice, 10 U.S.C. 801-946), and in order to prescribe amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order 12473 of April 13, 1984, as amended, it is hereby ordered as follows: Section 1. Part II of the Manual for Courts-Martial, United States, is amend- ed as follows: (a) R.C.M. 703(b)(1) is amended by adding at the end the following new sentences: "With the consent of both the accused and Government, the military judge may authorize any witness to testify via remote means. Over a par- ty's objection, the military judge may authorize any witness to testify on interlocutory questions via remote means or similar technology if the practical difficulties of producing the witness outweigh the significance of the witness' personal appearance (although such testimony will not be admissible over the accused's objection as evidence on the ultimate issue of guilt). Factors to be considered include, but are not limited to, the costs of producing the witness; the timing of the request for production of the witness; the potential delay in the interlocutory proceeding that may be caused by the production of the witness; the willingness of the witness to testify in person; the likelihood of significant interference 205

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 EO 13430 Title 3--The President with military operational deployment, mission accomplishment, or es- sential training; and, for child witnesses, the traumatic effect of pro- viding in-court testimony." (b) R.C.M. 804 is amended by redesignating paragraphs (b), (c), and (d) as paragraphs (c), (d), and (e), respectively, and inserting the following new paragraph (b): "(b) Presence by remote means. If authorized by the regulations of the Secretary concerned, the military judge may order the use of audiovisual technology, such as videoteleconferencing technology, between the par- ties and the military judge for purposes of Article 39(a) sessions. Use of such audiovisual technology will satisfy the "presence" requirement of the accused only when the accused has a defense counsel physically present at his location. Such technology may include two or more remote sites as long as all parties can see and hear each other." (c) R.C.M. 804(c)(2) is redesignated as R.C.M. 804(d)(2) and amended to read as follows: "(2) Procedure. The accused's absence will be conditional upon his being able to view the witness' testimony from a remote location. Normally, transmission of the testimony will include a system that will transmit the accused's image and voice into the courtroom from a remote location as well as transmission of the child's testimony from the courtroom to the accused's location. A one-way transmission may be used if deemed necessary by the military judge. The accused will also be provided pri- vate, contemporaneous communication with his counsel. The procedures described herein shall be employed unless the accused has made a knowing and affirmative waiver of these procedures." (d) R.C.M. 805(a) is amended by adding at the end the following new sentence: "If authorized by regulations of the Secretary concerned, for purposes of Article 39(a) sessions solely, the presence of the military iudge at Article 39(a) sessions may be satisfied by the use of audiovisual technology, such as videoteleconferencing technology." (e) R.C.M. 805(c) is amended by adding at the end the following new sentences: "If authorized by regulations of the Secretary concerned, for purposes of Article 39(a) sessions solely, the presence of counsel at Article 39(a) ses- sions may be satisfied by the use of audiovisual technology, such as videoteleconferencing technology. At least one qualified defense counsel shall be physically present with the accused." (f) R.C.M. 914A is amended by deleting the third sentence of paragraph (a). (g) R.C.M. 914A is further amended by redesignating paragraph (b) as paragraph (c) and inserting the following new paragraph (b): "(b) DejS'nition. As used in this rule, "remote live testimony" includes, but is not limited to, testimony by videoteleconference, closed circuit tel- evision, or similar technology." (h) New Rule R.C.M. 9\1774B is inserted after R.C.M. 9\1774A: 206

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 Executive Orders EO 13430 "Rule 914B. Use of remote testimony. (a) General procedures. The military judge shall determine the proce- dures used to take testimony via remote means. At a minimum, all par- ties shall be able to hear each other, those in attendance at the remote site shall be identified, and the accused shall be permitted private, con- temporaneous communication with his counsel. (b) Dej\177'nition. As used in this rule, testimony via "remote means" in- cludes, but is not limited to, testimony by videoteleconference, closed circuit television, telephone, or similar technology." (i) R.C.M. 1001(e)(2)(D) is amended by deleting the "or" before "former testimony" and inserting ", or testimony by remote means" after "former testimony." Sec. 2. Part IV of the Manual for Courts-Martial, United States, is amended as follows: (a) Paragraph 4.c.(6) is amended by redesignating paragraph (f) as para- graph (g) and inserting the following new paragraph (f): "(f) Article 119a-attempting to kill an unborn child" (b) Paragraph \1772a is amended by replacing the word "Transportation" with the words "Homeland Security". (c) Paragraph 35a is amended to read as follows: "(a) Any person subject to this chapter who -- (\177) operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in section 9\1772a(b) of this title (Article l\1772a(b)); or (2) operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person's blood or breath is equal to or exceeds the applicable limit under sub- section (b), shall be punished as a court-martial may direct. (b)(\177) For purposes of subsection (a), the applicable limit on the alcohol concentration in a person's blood or breath is as follows: (A) In the case of the operation or control of a vehicle, aircraft, or vessel in the United States, such limit is the lesser of- (i) the blood alcohol content limit under the law of the State in which the conduct occurred, except as may be provided under paragraph (2) for conduct on a military installation that is in more than one State; or (ii) the blood alcohol content limit specified in paragraph (3). (B) In the case of the operation or control of a vehicle, aircraft, or vessel outside the United States, the applicable blood alcohol content limit is the blood alcohol content limit specified in paragraph (3) or such lower limit as the Secretary of Defense may by regulation prescribe. (2) In the case of a military installation that is in more than one State, if those States have different blood alcohol content limits under their re- spective State laws, the Secretary may select one such blood alcohol con- tent limit to apply uniformly on that installation. 207

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