Unknown. Final rule

8,115 words·~37 min read·/register/2007/01/05/06-9979·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2007-01-05.xml --- 72 3 Friday, January 5, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service NOTICES Privacy Act; systems of records, 523-525 06-9981 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 580-582 E6-22601 E6-22602 E6-22603 Animal Animal and Plant Health Inspection Service PROPOSED RULES Exportation and importation of animals and animal products:

Rinderpest and foot-and-mouth disease; disease status change— Argentina, 475-480 E6-22627 Uncooked pork and pork products, 471-475 E6-22629 NOTICES Reports and guidance documents; availability, etc.: Sterile fruit flies; potential sites for production facility or potential alternate sources; information request, 525 E6-22638 Army Army Department See Engineers Corps Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 566-568 E6-22579 E6-22600 Meetings:

National Center for Environmental Health/Agency for Toxic Substances and Disease Registry— Scientific Counselors Board, 568 E6-22585 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 568-569 E6-22570 E6-22571 Medicare: Hospital inpatient prospective payment systems and 2007 FY rates; correction, 569-574 06-9976 Coast Guard Coast Guard RULES Anchorage regulations: Maine, 464-466 E6-22613 Texas, 463-464 E6-22586 Drawbridge operations:

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Northeastern United States fisheries— Atlantic bluefish, 470 06-9994 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— Conoco Phillips Alaska, Inc.; Chukchi Sea, AK; open-water seismic operations; small numbers of marine mammals, 536-541 E6-22634 San Francisco-Oakland Bay Bridge, CA; east span construction; California sea lions, etc., 532-535 E6-22615 Meetings: Gulf of Mexico Fishery Management Council, 541-542 E6-22597 New England Fishery Management Council, 542 E6-22598 Reports and guidance documents; availability, etc.:

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China National Electronic Import-Export Co. et al., 606 E6-22630 Surface Surface Transportation Board NOTICES Railroad services abandonment: Union Pacific Railroad Co., et al, 624-625 E6-22612 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Research and Innovative Technology Administration See Surface Transportation Board NOTICES Aviation proceedings: Agreements filed; weekly receipts, 606-607 E6-22608 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 607 E6-22607 Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 576-577 E6-22611 Treasury Treasury Department See Internal Revenue Service NOTICES Committees; establishment, renewal, termination, etc.:

Bank Secrecy Act Advisory Group; correction, 625 E6-22572 Meetings: Financial Literacy and Education Commission, 625-626 E6-22614 Veterans Veterans Affairs Department NOTICES Meetings: Veterans’ Disability Benefits Commission, 626-627 06-9985 Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration, 630-639 E6-22563 Part III Executive Office of the President, Presidential Documents, 641-643 07-20 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 3 Friday, January 5, 2007 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 110 [CGD08-06-026] RIN 1625-AA01 Anchorage Regulations; Sabine Pass Channel, Sabine Pass, TX AGENCY: Coast Guard, DHS.

ACTION: Final rule. SUMMARY: The Coast Guard has amended anchorage regulations for the Sabine Pass Channel, Sabine Pass, TX anchorage in order to improve navigation safety for vessels entering and exiting Cheniere Energy's liquefied natural gas terminal. This rule reduces the overall size of the existing anchorage. DATES: This rule is effective February 5, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket, are part of docket [CGD08-06-26] and are available for inspection or copying at U.S.

Coast Guard D8, 500 Poydras Street, New Orleans, Louisiana 70130-3396 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Douglas Blakemore, Waterways Management Branch, Eighth Coast Guard District, 500 Poydras Street, New Orleans, LA 70130-3396. Telephone

(504)671-2109; facsimile

(504)671-2137. Please cite CGD08-06-026. Regulatory Information On October 3, 2006 we published a notice of proposed rulemaking

(NPRM)entitled Anchorage Regulations; Sabine Pass Channel, Sabine Pass, TX in the **Federal Register** (71 FR 58330). We received 2 letters commenting on the proposed rule. No public meeting was requested and none was held. Background and Purpose Cheniere Energy is constructing a liquefied natural gas

(LNG)terminal on the eastern waterfront of the Sabine Pass Channel. This facility is located immediately north and adjacent to the Sabine Pass Channel anchorage. Due to the angle that the terminal berth lays relative to the channel, vessels intending to berth at or depart the LNG terminal would have to follow a path that passes through the existing anchorage. Vessels anchored in the existing anchorage would be at an increased risk for being struck by an arriving or departing vessel. In order to reduce this risk, the Coast Guard is reducing the overall size of the Sabine Pass Channel Anchorage. This action reduces the possible conflict associated with vessels that may anchor too close to the entrance of the LNG terminal. This rule also provides a larger maneuvering area for vessels arriving to or departing from the LNG terminal, which consequently will reduce the possibility of a grounding or collision with another vessel in the area. Discussion of Comments and Changes Both comments received support this rulemaking. Each commenter noted that reducing the size of the anchorage enhances the navigation safety of LNG carriers. One commenter also stated that the anchorage was infrequently used and would have minimal impact on the economy. The current description of the anchorage is found in 33 CFR 110.196 and is listed as follows: “The navigable waters of Sabine Pass within a trapezoidal area 1,500 feet wide and varying uniformly in length from 5,800 feet to 3,000 feet with the long side adjacent to the northeasterly edge of Sabine Pass Channel at a location opposite the town of Sabine Pass.” This rule shortens the “long side”, also referred to as the channel side, from 5,800 feet to approximately 5,000 feet. This is accomplished by shortening the northern portion of the “long side” by 800 feet. No other changes to the anchorage are made. In order to eliminate confusion regarding the geographic boundary of the new anchorage, the existing description is replaced with geographic coordinates that define the boundary of the anchorage. The coordinates of the anchorage are as follows: *Latitude* *Longitude* 29°44′14″ N 93°52′24″ W 29°44′18″ N 93°52′06″ W 29°43′53″ N 93°51′47″ W 29°43′32″ N 93°51′52″ W Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. Current information indicates that this anchorage area is rarely used, and the overall reduction in anchorage area would not significantly impact those vessels desiring to use the anchorage. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule will have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to anchor in the Sabine Pass Channel, Sabine Pass, TX anchorage. This rule will not have a significant economic impact upon these entities since the affected portion of the anchorage area is believed to be rarely used. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking process. However, we received no requests for assistance from any small entities. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule will call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule would not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that Order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(f), of the Instruction, from further environmental documentation because we are changing the size of the anchorage grounds. List of Subjects in 33 CFR Part 110 Anchorage grounds. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 110 as follows: PART 110—ANCHORAGE REGULATIONS 1. The authority citation for part 110 continues to read as follows: Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 33 CFR 1.05-1(g); Department of Homeland Security Delegation No. 0170. 2. In § 110.196, revise paragraph

(a)to read as follows: § 110.196 Sabine Pass Channel, Sabine Pass, Texas.

(a)*The anchorage area.* The water bounded by a line connecting the following coordinates: *Latitude* *Longitude* 29°44′14″ N 93°52′24″ W 29°44′18″ N 93°52′06″ W 29°43′53″ N 93°51′47″ W 29°43′32″ N 93°51′52″ W Dated: December 14, 2006. J.R. Whitehead, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. E6-22586 Filed 1-4-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 110 [CGD01-06-084] RIN 1625-AA01 Anchorage Regulations; Camden, Maine, Penobscot Bay AGENCY: Coast Guard, DHS. ACTION: Final rule. SUMMARY: The Coast Guard hereby amends two special anchorage areas in Camden Harbor, Camden, Maine. This action is necessary to facilitate safe navigation in that area and provide safe and secure anchorages for vessels not more than 65 feet in length. This action is intended to increase the safety of life and property in Camden Harbor, improve the safety of anchored vessels, and provide for the overall safe and efficient flow of vessel traffic and commerce. DATES: This rule is effective February 5, 2007. ADDRESSES: Comments and materials received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket (CGD01-06-084), and are available for inspection or copying at room 628, First Coast Guard District Boston, between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. John J. Mauro, Commander (dpw), First Coast Guard District, 408 Atlantic Ave., Boston, MA 02110, Telephone

(617)223-8355, e-mail: *John.J.Mauro@uscg.mil.* Regulatory Information On August 10, 2006, we published a notice of proposed rulemaking

(NPRM)entitled “Anchorage Regulations; Camden, ME, Penobscot Bay” in the **Federal Register** (71 FR 45746). We received no letters commenting on the proposed rule. No public hearing was requested, and none was held. Background and Purpose This rule is intended to reduce the risk of vessel collisions by creating two special anchorage areas in Camden Harbor. This rule will establish a special anchorage area to the west of Northeast Point and a second special anchorage area to the northwest of Curtis Island, creating anchorage for approximately 400 vessels. The Coast Guard is designating the special anchorage areas in accordance with 33 U.S.C. 471. Under that statute, vessels will not be required to sound signals or exhibit anchor lights or shapes which are otherwise required by rule 30 and 35 of the Inland Navigation Rules, codified at 33 U.S.C. 2030 and 2035. The Coast Guard has defined the anchorage area contained herein with the advice and consent of the Army Corps of Engineers, Northeast, located at 696 Virginia Rd., Concord, MA 01742. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. This finding is based on the fact that this rule conforms to the changing needs of the Town of Camden, the changing needs of recreational, fishing and commercial vessels, and makes the best use of the available navigable water. This rule is in the interest of safe navigation and protection of Camden and the marine environment. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact John J. Mauro, at the address listed in ADDRESSES above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and will not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have considered the environmental impact of this rule and concluded that, under figure 2-1, paragraph 34(f), of Commandant Instruction M16475.1D, this rule is categorically excluded from further environmental documentation. A final “Categorical Exclusion Determination” and a final “Environmental Analysis Check List” are available in the docket for inspection or copying where indicated under ADDRESSES . This rule fits the category selected from paragraph (34)(f) as it would establish two special anchorage areas. List of Subjects in 33 CFR Part 110 Anchorage grounds. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 110 as follows: PART 110—ANCHORAGE REGULATIONS 1. The authority citation for part 110 continues to read as follows: Authority: 33 U.S.C. 471; 1221 through 1236, 2030, 2035, 2071; 33 CFR 1.05-1(g); and Department of Homeland Security Delegation No. 0170. 2. Amend § 110.4 by adding paragraph

(b)to read as follows: § 110.4 Penobscot Bay, Maine.

(b)*Camden Harbor, Sherman Cove and adjacent waters.*

(1)*Anchorage A.* All of the waters enclosed by a line beginning at Eaton Point at latitude 44°12′31″ N, longitude 069°03′34″ W; thence to latitude 44°12′28″ N, longitude 069°03′33″ W; thence to latitude 44°12′32″ N, longitude 069°02′49″ W; thence along the shoreline to the point of beginning. DATUM: NAD83

(2)*Anchorage B.* All of the waters enclosed by a line beginning at Dillingham Point at latitude 44°12′12″ N, longitude 069°03′20″ W.; thence to latitude 44°12′14″ N, longitude 069°02′58″ W.; thence to latitude 44°12′19″ N, longitude 069°03′08″ W; thence to latitude 44°12′28″ N, longitude 069°03′13″ W; thence to latitude 44°12′26″ N, longitude 069°03′39″ W; thence along the shoreline to the point of beginning. DATUM: NAD83 Note to paragraph (b): Anchorages A and B are special anchorage areas reserved for yachts and other recreational craft. Fore and aft moorings will be allowed in this area. Temporary floats or buoys for marking anchors or moorings in place will be allowed. Fixed mooring piles or stakes are prohibited. All moorings must be so placed that no vessel when anchored is at any time extended into the thoroughfare. This is to ensure that a distance of approximately 150 feet is left between Anchorages A and B for vessels entering or departing from Camden Harbor. All anchoring in the area is under the supervision of the local harbor master or such other authority as may be designated by the authorities of the Town of Camden, Maine. Dated: December 15, 2006. Timothy S. Sullivan, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. 1 [FR Doc. E6-22613 Filed 1-4-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD07-06-130] RIN 1625-AA09 Drawbridge Operation Regulations; Southern Boulevard (SR 700/80) Bridge, Atlantic Intracoastal Waterway, Mile 1024.7, Palm Beach, FL AGENCY: Coast Guard, DHS. ACTION: Final rule. SUMMARY: The Coast Guard is changing the operating regulation governing the operation of the Southern Boulevard (SR 700/80) Bridge across the Atlantic Intracoastal Waterway, mile 1024.7, Palm Beach, Florida. The rule will require the drawbridge to open twice an hour. The schedule is based on requests from vessel operators along the Atlantic Intracoastal Waterway. The schedule will require the bridge to open on the quarter and three quarter hour and would meet the reasonable needs of navigation while not impacting vehicular traffic. DATES: This rule is effective February 5, 2007. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket (CGD07-06-130) and are available for inspection or copying at Commander (dpb), Seventh Coast Guard District, 909 SE. 1st Avenue, Room 432, Miami, Florida 33131-3050 between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Seventh Coast Guard District, Bridge Branch, telephone number 305-415-6743. SUPPLEMENTARY INFORMATION: Regulatory Information On August 30, 2006, we published a notice of proposed rulemaking

(NPRM)entitled “Drawbridge Operation Regulations; Southern Boulevard (SR 700/80) Bridge, Atlantic Intracoastal Waterway, mile 1024.7, Palm Beach, FL” in the **Federal Register** (71 FR 51540). We received no comments on the proposed rule. No public meeting was requested, and none was held. Background and Purpose The current regulation governing the operation of the Southern Boulevard Bridge is published in 33 CFR 117.261(w) and states the draw shall open on the hour and half-hour. In 2005, the Coast Guard changed the regulations on most of the bridges in Palm Beach County to facilitate increased vehicular traffic while meeting the reasonable needs of navigation. Recently waterway users have requested that the Southern Boulevard (SR 700/80) Bridge regulation be changed from opening on the hour and half-hour to opening on the quarter and three-quarter hour in order to improve vessel transit sequencing on the Atlantic Intracoastal Waterway through Palm Beach County. This schedule will improve transit times for vessels while not impairing vehicular traffic. Discussion of Comments and Changes The Coast Guard received no responses to the Notice of Proposed Rulemaking. The rule will improve staggered bridge openings and allow vessels traveling at five knots to significantly reduce wait times to pass through the Southern Boulevard (SR 700/80) Drawbridge. The schedule will have the Southern Boulevard (SR700/80) Bridge opening on the quarter and three-quarter hour. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule would affect the following entities, some of which may be small entities: The owners or operators of vessels needing to transit the Intracoastal Waterway in the vicinity of the Broward County bridges. The rule would not have a significant economic impact on a substantial number of small entities because the rule provides timed openings for vehicular traffic and continues to provide twice an hour sequenced openings for vessel traffic. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD, and Department of Homeland Security Management Directive 5100.1, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (32)(e) of the Instruction, from further environmental documentation. Under figure 2-1, paragraph (32)(e), of the Instruction, an “Environmental Analysis Check List” and a “Categorical Exclusion Determination” are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; Department of Homeland Security Delegation No. 0170.1; 33 CFR 1.05-1(g); § 117.255 also issued under the authority of Pub. L. 102-587, 106 Stat. 5039. 2. Amend § 117.261 by revising paragraph

(w)to read as follows: § 117.261 Atlantic Intracoastal Waterway from St. Marys River to Key Largo.

(w)Southern Boulevard (SR 700/80) bridge, mile 1024.7 at Palm Beach. The draw shall open on the quarter and three-quarter hour. Dated: December 17, 2006. D.W. Kunkel, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. E6-22555 Filed 1-4-07; 8:45 am] BILLING CODE 4910-15-P POSTAL SERVICE 39 CFR Part 111 New Polywrap Standards for Automation-Rate Flat-Size Mail AGENCY: Postal Service. ACTION: Final rule. SUMMARY: The Postal Service TM has simplified the standards for polywrap film on automation-rate flat-size mailpieces, so that customers only have to meet one set of standards instead of the previous two. DATES: *Effective Dates:* February 4, 2007, for manufacturers; March 4, 2007, for mailers. FOR FURTHER INFORMATION CONTACT: Bill Chatfield, Mailing Standards, U.S. Postal Service, 475 L'Enfant Plaza SW., RM 3436, Washington, DC 20260-3436; 202-268-7278. SUPPLEMENTARY INFORMATION: Postal Service automated flat sorting machines (AFSM 100s) process the majority of non-carrier route flat-size mail. To improve our ability to process polywrapped pieces on our primary flat-mail processing equipment, we published a proposed rule in the **Federal Register** on August 22, 2006 (71 FR 48868), regarding polywrap used on automation-rate flat-size mailpieces. Our proposed rule included the following changes: • We removed two characteristics, tensile strength and density, because they were irrelevant to performance. • We removed the “USPS AFSM 100 Approved Polywrap” endorsement requirement. • We modified the testing protocol to measure the minimum film-to-metal coefficient of friction. • We increased the allowable film-to-film coefficient of friction to be more compatible with mailer bindery operations. • We changed the method to measure blocking to more closely match the environment that mailpieces undergo during normal transportation and storage. The new standards eliminate the difference in polywrap specifications for mailpieces designed for processing on the AFSM 100 and the upgraded flat sorting machine

(UFSM)1000. Comments Received We received comments and questions on the proposed rule from two customers. One customer suggested that we allow successful testing of the thinnest gauge of a specific polywrap film to suffice for certification of all thicknesses of the same film. We made that change in the final standards. Another customer raised several questions. One question pertained to how the Postal Service would process UFSM 1000 pieces in the future. Pieces with polywrap meeting either the old specifications or the new specifications may be processed on a UFSM 1000 machine. Another question was about how the changes would impact the standard that requires a “Periodicals” endorsement for mailpieces with a wrapper. This rule does not change any standards for Periodicals, but, as information, the “Periodicals” endorsement may be placed on either the mailpiece contents or the polywrap. Another question was about polywrap film meeting all of the new specifications except haze when the address information is on the outside of the film. Such a film will remain eligible as it is under current standards. A customer commented about the testing specification, USPS-T-3204, *Test Procedures for Automatable Polywrap Films* , listed on our Rapid Information Bulletin Board System (RIBBS). The specification indicated that the tests were required for polywrap film used on AFSM 100-qualifying pieces, whereas the proposed rule stated that the new standards would apply for polywrap used on all automation-rate flats. We revised the testing specification to indicate that the new specifications apply to polywrap used on all automation-rate flats. The customer also questioned if the supplementary testing indicated in the specification would be required in addition to the American Society for Testing and Materials

(ASTM)tests. As noted in the testing specification, some of the testing methods required are necessary supplements to each other. New Test Procedures To ensure that all manufacturers use the same criteria in meeting the new specifications, we developed USPS-T-3204, *Test Procedures for Automatable Polywrap Films.* Manufacturers may obtain the new test procedures at *http://ribbs.usps.gov* (click on “Polywrap Manufacturers” in the left frame) or by contacting the Postal Service's Engineering office at: Engineering, Flat Mail Technology, U.S. Postal Service, 8403 Lee Hwy, Merrifield VA 22082-8101. The specification describes exact test procedures and acceptable values for polywrap film characteristics. If the manufacturer lacks the facilities or experience to conduct each of the test procedures in USPS-T-3204, the specification also provides a list of testing laboratories that have experience in conducting these tests. Polywrap Certification Currently, manufacturers must provide us with a certificate stating that their film complies with polywrap specifications before we include the film in the list of approved polywrap for flat-size mailpieces mailed at automation rates. We will require manufacturers to provide an updated certificate of conformance on their letterhead to the Postal Service's Mailing Standards office after verifying that each polywrap film meets the new characteristics. The certificate of conformance must state the values of the six characteristics for each film to be listed as approved. Implementation As of February 4, 2007, polywrap not meeting the new standards will no longer be listed as approved for automation rates, but we will allow mailpieces presented with “old” polywrap on automation-rate flats through March 3, 2007. The conditions for mailing are as follows: • Mailpieces with polywrap approved for AFSM 100 pieces under the “old” standards will be accepted at automation flat rates through March 3, 2007. • Beginning March 4, 2007, mailers who present polywrapped flats that do not meet the new standards for polywrap may request an exception to the new standards in writing. Requests will be handled on a case-by-case basis. We will incorporate the following revisions into the next printed version of *Mailing Standards of the United States Post Service* , Domestic Mail Manual

(DMM)and into the next monthly update of the online DMM available via Postal Explorer® at *pe.usps.com.* We encourage manufacturers to certify their polywrap under the new standards as soon as possible, but no later than February 3, 2007. We encourage mailers to use polywrap meeting the new specifications on their mailpieces as soon as practical. Beginning March 4, 2007, all polywrap films used an automation-rate flat-size mailpieces must meet the new standards. List of Subjects in 39 CFR Part 111 Administrative practice and procedure, Postal Service. PART 111—[AMENDED] 1. The authority citation for 39 CFR part 111 continues to read as follows: Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001. 2. Amend the following sections of *Mailing Standards of the United States Postal Service* , Domestic Mail Manual (DMM), as explained below: 300 Discount Flats 301 Physical Standards 3.0 Physical Standards for Automation Flats 3.5 Polywrap Coverings 3.5.1 Polywrap Films *[Revise 3.5.1 by changing the introduction and removing items a and b to eliminate the distinction between polywrap used on pieces qualifying for the AFSM 100 and the UFSM 1000, as follows:]* Polywrapped flat-size mailpieces claimed at automation rates must meet the standards in 3.5 Film approved for use under 3.5.4 and 3.5.5 must meet the specifications in Exhibit 3.5.1. If mailers affix the address label to the outside of the polywrap, the film need not meet the haze property. *[Revise title of Exhibit 3.5.1 as follows:]* Exhibit 3.5.1 Polywrap Specifications *[Revise Exhibit 3.5.1 by changing the introduction, eliminating the distinction between AFSM 100 and UFSM 1000 pieces, removing current properties 4 and 5 and renumbering current properties 6 through 8 as new properties 4 through 6, changing the specifications and testing methods for coefficients of friction, revising the comments for “blocking,”* *and specifying testing methods, as follows:]* Effective March 4, 2007, mailers who polywrap automation-rate flats must use polywrap that meets all of the properties in this exhibit. Property Requirement Test methods in USPS T-3204 Comment 1. Kinetic Coefficient of Friction, MD: a. Film on Stainless Steel with No. 8 (Mirror) Finish <0.45 USPS-T-3204. Section 4.5.2. b. Film on Film 0.20 to 0.55 USPS-T-3204. Section 4.5.1. 2. Haze <70 USPS-T-3204 Section 4.5.3. Affixing address labels to outside of polywrap is an alternative to meeting this requirement. 3. Secant Modulus, 1% elongation: a. TD >50,000 psi USPS-T-3204. Section 4.5.4. b. MD >40,000 psi USPS-T-3204. Section 4.5.4. 4. Nominal Gauge >0.001 in USPS-T-3204. Section 4.5.5. 5. Static Charge <2.0 kV USPS-T-3204. Section 4.5.7. 6. Blocking <15 g USPS-T-3204 Section 4.5.6. To be conducted at 140 (±3.6°) degrees Fahrenheit. *[Delete 3.5.4 to remove the requirement for markings on polywrap.] [Renumber current 3.5.5 as new 3.5.4 and revise the title and text to require polywrap meeting new standards as of March 4, 2007, as follows:]* 3.5.4 Polywrap on Mailpieces Effective March 4, 2007, mailers claiming automation flat rates for polywrapped pieces must use polywrap that meets the new specifications in 3.5.1. Only products listed on the USPS RIBBS Web site ( *http://ribbs.usps.gov* ) may be used on automation-rate flats. * [Add new 3.5.5 to specify the certification process for polywrap manufacturers, as follows:] * 3.5.5 Polywrap Certification Process for Manufacturers To ensure that all polywrap manufacturers use the same criteria in meeting the new specifications, the Postal Service developed specification USPS-T-3204, *Test Procedures for Automatable Polywrap Films.* This specification describes exact test procedures and acceptable values for polywrap film characteristics. Independent testing laboratories may certify products for manufacturers who do not have the facilities or experience to conduct each of the test procedures in specification USPS-T-3204. The specification includes a list of laboratories experienced in conducting these tests. Customers may obtain the new test procedures by contacting USPS Engineering (see 608.8.1 for address) or on the USPS RIBBS Web site ( *http://ribbs.usps.gov* ). Effective February 4, 2007, manufacturers must submit a letter, on their letterhead, indicating the value for each of the specifications in 3.5.1 for each polywrap film, to USPS Mailing Standards (see 608.8.1 for address). Manufacturers are encouraged to submit the certificate of conformance before February 4, 2007. When USPS receives the certificate of conformance, films with values meeting the standards will be listed on *http://ribbs.usps.gov.* Manufacturers should follow this process before submitting the letter certifying compliance with the specifications: a. Test each film according to procedures listed in USPS-T-3204, *Test Procedures for Automatable Polywrap Films.* b. Test each surface treatment separately. Manufacturers may test the thinnest film of one product with identical surface treatment and characteristics. If the thinnest film satisfactorily meets the characteristics after being tested, USPS will list the product as approved for all gauges of that product that also meet the gauge test. Neva R. Watson, Attorney, Legislative. [FR Doc. 06-9979 Filed 1-4-07; 8:45 am]

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