Unknown. Notice of policy; opportunity for feedback

7,605 words·~35 min read·/register/2007/02/13/07-638

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-2007-02-13.xml --- 72 29 Tuesday, February 13, 2007 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency information collection activities; proposals, submissions, and approvals, 6730-6733 07-573 07-574 AID Agency for International Development PROPOSED RULES Acquisition regulations: Personal services direct contracts, 6812-6833 E7-2311 Agriculture Agriculture Department See Food Safety and Inspection Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 6708 E7-2393 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 6733-6734 E7-2429 Meetings:

Advisory Committee to Director, 6734-6735 E7-2464 National Center for Injury Prevention and Control Initial Review Group, 6735 E7-2430 Smoking and Health Interagency Committee, 6735 E7-2422 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 6735-6737 07-631 07-632 Coast Guard Coast Guard RULES Anchorage regulations: New York, 6690-6692 E7-2454 Drawbridge operations: Florida, 6692-6694 E7-2345 Commerce Commerce Department See Industry and Security Bureau See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Defense Defense Department See Navy Department RULES Federal Acquisition Regulation (FAR):

Technical amendments, 6882 07-623 NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 6717-6718 07-634 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 6718-6719 E7-2435 Employee Employee Benefits Security Administration NOTICES Employee benefit plans; individual exemptions: Deutsche Bank AG et al., 6747-6768 E7-2243 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.:

Women in Apprenticeship and Nontraditional Occupations Program, 6768-6774 E7-2400 Energy Energy Department See Federal Energy Regulatory Commission Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Air carrier certification and operations: National air tour safety standards, 6884-6914 07-580 Air traffic operating and flight rules, etc.: National Airspace System; unmanned aircraft operations, 6689-6690 E7-2402 NOTICES Aeronautical land-use assurance; waivers:

Tillamook Airport, OR, 6801 07-626 Meetings: RTCA, Inc., 6801-6802 07-627 07-628 Reports and guidance documents; availability, etc.: National Parks Air Tour Management Act; interim operating authority transferability; opinion, 6802-6803 07-625 FCC Federal Communications Commission NOTICES Debarment proceedings: NextiraOne, LLC, 6724 E7-2423 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 6724-6725 07-675 07-676 Federal Energy Federal Energy Regulatory Commission NOTICES Off-the-record communications, 6723-6724 E7-2385 Preliminary permits surrender:

Ophir Valley Land Co., LLC, 6722 E7-2384 *Applications, hearings, determinations, etc.:* Dauphin Island Gathering Partners, 6719 E7-2386 Dominion Transmission, Inc., 6719-6720 E7-2390 Gas Transmission Northwest Corp., 6720 E7-2382 Georgia-Pacific LLD, 6720-6721 E7-2380 Great Lakes Gas Transmission LP, 6721 E7-2388 Gulf South Pipeline Co., L.P., 6721 E7-2381 Natural Gas Pipeline Co. of America, 6722 E7-2389 Questar Pipeline Co., 6722-6723 E7-2379 Rathdrum Power, LLC, et al., 6723 E7-2383 Tennessee Gas Pipeline Co., 6723 E7-2387 Federal Highway Federal Highway Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 6803-6805 E7-2458 Environmental statements; notice of intent:

Alamance County, NC, 6805 07-615 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 6725-6726 E7-2459 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Motor carrier, broker, freight forwarder, and hazardous materials proceedings; informal hearing process; phased implementation, 6806 E7-2457 Federal Railroad Federal Railroad Administration NOTICES Emergency relief docket for 2007 CY; establishment and procedures for handling petitions for emergency waivers of safety regulations, 6806-6807 E7-2401 Traffic control systems; discontinuance or modification:

CSX Transportation, Inc., 6807 E7-2392 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 6726 E7-2441 Formations, acquisitions, and mergers, 6726-6727 E7-2442 Permissible nonbanking activities, 6727 E7-2444 Meetings; Sunshine Act, 6727 07-689 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 6727 07-671 FTC Federal Trade Commission PROPOSED RULES Appliances, consumer; energy consumption and water use information in labeling and advertising:

Appliance labeling rule, 6836-6879 07-613 NOTICES Premerger notification waiting periods; early terminations, 6727-6730 07-633 Federal Transit Federal Transit Administration NOTICES Grants and cooperative agreements; availability, etc.: Debt Service Reserve Pilot Program; correction, 6807-6808 E7-2410 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Jollyville Plateau salamander, 6699-6703 E7-2289 San Felipe gambusia, 6703-6707 E7-2292 Food Food Safety and Inspection Service NOTICES Meetings:

Codex Alimentarius Commission— Analysis and Sampling Methods Codex Committee, 6709-6710 E7-2437 Contaminants in Foods Codex Committee, 6710-6712 E7-2438 General Principles Codex Committee, 6708-6709 E7-2436 Foreign Foreign Claims Settlement Commission NOTICES Privacy Act; systems of records, 6746-6747 E7-2403 Forest Forest Service NOTICES Land and resource management plans, etc.: Uwharrie National Forest, NC, 6712 07-618 Reports and guidance documents; availability, etc.: Basin Creek Hazardous Fuels Reduction Project, MT; soil scientist specialist report and determination, 6712 E7-2376 GSA General Services Administration RULES Federal Acquisition Regulation (FAR):

Technical amendments, 6882 07-623 NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 6717-6718 07-634 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Children and Families Administration See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Committees; establishment, renewal, termination, etc.:

Heritable Disorders and Genetic Diseases in Newborns and Children Advisory Committee, 6737-6738 E7-2362 Grants and cooperative agreements; availability, etc.: Poison Control Centers Stabilization and Enhancement Program, 6738-6739 E7-2365 Homeland Homeland Security Department See Coast Guard Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: Petrom GmbH International Trade et al., 6712-6716 07-620 07-621 07-622 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International International Trade Commission NOTICES Import investigations:

Apparel from Sub-Saharan African, Caribbean Basin, and Andean countries; preferential treatment; effect, 6743-6744 E7-2366 Canned peaches, pears and fruit mixtures; competition conditions between U.S. and principal foreign supplier industries, 6744-6745 E7-2363 Honey from— Argentina and China, 6745-6746 E7-2455 Welded large diameter line pipe from— Japan and Mexico, 6746 E7-2456 Justice Justice Department See Foreign Claims Settlement Commission Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration Land Land Management Bureau NOTICES Resource management plans, etc.:

Lander Field Office planning area, WY, 6740-6741 E7-2421 Survey plat filings: New Mexico, 6741-6742 07-583 Millennium Millennium Challenge Corporation NOTICES Reports and guidance documents; availability, etc.: Millennium Challenge Account assistance— Candidate countries and countries that would be candidates but for legal prohibitions, 6774-6776 E7-2446 Quarterly report, 6776-6780 E7-2447 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR):

Technical amendments, 6882 07-623 NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 6717-6718 07-634 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 6780 07-653 National Institute National Institute of Standards and Technology NOTICES Meetings: Advanced Technology Visiting Committee, 6716-6717 E7-2453 NIH National Institutes of Health NOTICES Meetings: National Institute of Environmental Health Sciences, 6739-6740 07-635 National Institute of Mental Health, 6740 07-636 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pollock, 6694-6695 07-638 NOTICES Meetings: New England Fishery Management Council, 6717 E7-2427 North Pacific Fishery Management Council, 6717 E7-2428 National Park National Park Service NOTICES National Register of Historic Places; pending nominations, 6742-6743 E7-2394 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 6780 07-682 Navy Navy Department NOTICES Meetings: Chief of Naval Operations Executive Panel, 6718 E7-2452 Naval Academy Board of Visitors, 6718 E7-2451 Nuclear Nuclear Regulatory Commission NOTICES Operating licenses, amendments; no significant hazards considerations; biweekly notices, 6780-6795 E7-2323 Presidential Presidential Documents ADMINISTRATIVE ORDERS Government agencies and employees:

John Warner National Defense Authorization Act for Fiscal Year 2007, assignment of functions (Memorandum of February 5, 2007), 6915-6917 07-697 Research Research and Innovative Technology Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 6808-6809 E7-2448 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 6795-6796 E7-2417 Chicago Board Options Exchange, Inc., 6796-6797 E7-2405 Depository Trust Co., 6797-6799 E7-2419 New York Stock Exchange LLC, 6799-6801 E7-2406 SBA Small Business Administration NOTICES Disaster loan areas:

Colorado, 6801 E7-2460 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Duchess Investments V, LLC, et al., 6809 E7-2195 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See Research and Innovative Technology Administration See Surface Transportation Board Veterans Veterans Affairs Department PROPOSED RULES Medical benefits:

Medical care or services; reasonable charges, 6696-6699 E7-2391 NOTICES Meetings: Genomic Medicine Program Advisory Committee, 6809 07-616 Voluntary Services National Advisory Committee, 6809-6810 07-617 Separate Parts In This Issue Part II Agency for International Development, 6812-6833 E7-2311 Part III Federal Trade Commission, 6836-6879 07-613 Part IV Defense Department; General Services Administration; National Aeronautics and Space Administration, 6882 07-623 Part V Transportation Department, Federal Aviation Administration, 6884-6914 07-580 Part VI Executive Office of the President, Presidential Documents, 6915-6917 07-697 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 29 Tuesday, February 13, 2007 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 91 [Docket No. FAA-2006-25714; Notice No. 07-01] Unmanned Aircraft Operations in the National Airspace System AGENCY:

Federal Aviation Administration (FAA), DOT. ACTION: Notice of policy; opportunity for feedback. SUMMARY: This document clarifies the FAA's current policy concerning operations of unmanned aircraft in the National Airspace System. FOR FURTHER INFORMATION CONTACT: Kenneth D. Davis, Manager, Unmanned Aircraft Program Office, Aircraft Certification Service, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591,

(202)385-4636, e-mail: *kenneth.d.davis@faa.gov.* Background Simply stated, an unmanned aircraft is a device that is used, or is intended to be used, for flight in the air with no onboard pilot. These devices may be as simple as a remotely controlled model aircraft used for recreational purposes or as complex as surveillance aircraft flying over hostile areas in warfare. They may be controlled either manually or through an autopilot using a data link to connect the pilot to their aircraft. They may perform a variety of public services: Surveillance, collection of air samples to determine levels of pollution, or rescue and recovery missions in crisis situations. They range in size from wingspans of six inches to 246 feet; and can weigh from approximately four ounces to over 25,600 pounds. The one thing they have in common is that their numbers and uses are growing dramatically. In the United States alone, approximately 50 companies, universities, and government organizations are developing and producing some 155 unmanned aircraft designs. Regulatory standards need to be developed to enable current technology for unmanned aircraft to comply with Title 14 Code of Federal Regulations (CFR). The Federal Aviation Administration's current policy is based on whether the unmanned aircraft is used as a public aircraft, civil aircraft or as a model aircraft. Unmanned Aircraft Systems Operating as Public Aircraft The most common public use of unmanned aircraft today in the United States is by the Department of Defense. U.S. operations in Iraq, Afghanistan and elsewhere have fueled a huge increase in unmanned aircraft demand. In Iraq alone, more than 700 unmanned aircraft are in use for surveillance and weapons delivery. Other agencies have also found public uses for unmanned aircraft. For example, the Customs and Border Protection uses them to patrol along the US/Mexican border. In the future, unmanned aircraft could be used to provide first responder reports of damage due to weather or other catastrophic causes. In response to this growing demand for public use unmanned aircraft operations, the FAA developed guidance in a Memorandum titled “Unmanned Aircraft Systems Operations in the U.S. National Airspace System—Interim Operational Approval Guidance” (UAS Policy 05-01). In this document, the FAA set out guidance for public use of unmanned aircraft by defining a process for evaluating applications for Certificate(s) of Waiver or Authorization (COA's) for unmanned aircraft to operate in the National Airspace System. The concern was not only that unmanned aircraft operations might interfere with commercial and general aviation aircraft operations, but that they could also pose a safety problem for other airborne vehicles, and persons or property on the ground. The FAA guidance supports unmanned aircraft flight activity that can be conducted at an acceptable level of safety. In order to ensure this level of safety, the operator is required to establish the Unmanned Aircraft System's

(UAS)airworthiness either from FAA certification, a DOD airworthiness statement, or by other approved means. Applicants also have to demonstrate that a collision with another aircraft or other airspace user is extremely improbable as well as complying with appropriate cloud and terrain clearances as required. Key to the concept are the roles of pilot-in-command

(PIC)and observer. The PIC concept is essential to the safe operation of manned aircraft. The FAA's UAS guidance applies this PIC concept to unmanned aircraft and includes minimum qualifications and currency requirements. The PIC is simply the person in control of, and responsible for, the UAS. The role of the observer is to observe the activity of the unmanned aircraft and surrounding airspace, either through line-of-sight on the ground or in the air by means of a chase aircraft. In general, this means the pilot or observer must be, in most cases, within 1 mile laterally and 3,000 feet vertically of the unmanned aircraft. Direct communication between the PIC and the observer must be maintained at all times. Unmanned aircraft flight above 18,000 feet must be conducted under Instrument Flight Rules, on an IFR flight plan, must obtain ATC clearance, be equipped with at least a Mode C transponder (preferably Mode S), operating navigation lights and / or collision avoidance lights and maintain communication between the PIC and Air Traffic Control (ATC). Unmanned aircraft flights below 18,000 feet have similar requirements, except that if operators choose to operate on other than an IFR flight plan, they may be required to pre-coordinate with ATC. The FAA has issued more than 50 COA's over the past 2 years and anticipates issuing a record number of COA's this year. For more information, Memorandum on UAS Policy (05-01) and other policy guidance is available at the FAA Web site: *http://www.faa.gov/uas.* Unmanned Aircraft Systems Operating as Civil Aircraft Just as unmanned aircraft have a variety of uses in the public sector, their application in commercial or civil use is equally diverse. This is a quickly growing and important industry. Under FAA policy, operators who wish to fly an unmanned aircraft for civil use must obtain an FAA airworthiness certificate the same as any other type aircraft. The FAA is currently only issuing special airworthiness certificates in the experimental category. Experimental certificates are issued with accompanying operational limitations (14 CFR 91.319) that are appropriate to the applicant's operation. The FAA has issued five experimental certificates for unmanned aircraft systems for the purposes of research and development, marketing surveys, or crew training. UAS issued experimental certificates may not be used for compensation or hire. The applicable regulations for an experimental certificate are found in 14 CFR 21.191, 21.193, and 21.195. In general, the applicant must state the intended use for the UAS and provide sufficient information to satisfy the FAA that the aircraft can be operated safely. The time or number of flights must be specified along with a description of the areas over which the aircraft would operate. The application must also include drawings or detailed photographs of the aircraft. An on-site review of the system and demonstration of the area of operation may be required. Additional information on how to apply for an experimental airworthiness certificate is available from Richard Posey, AIR-200,

(202)267-9538; e-mail: *richard.posey@faa.gov.* Recreational/Sport Use of Model Airplanes In 1981, in recognition of the safety issues raised by the operation of model aircraft, the FAA published Advisory Circular

(AC)91-57, Model Aircraft Operating Standards for the purpose of providing guidance to persons interested in flying model aircraft as a hobby or for recreational use. This guidance encourages good judgment on the part of operators so that persons on the ground or other aircraft in flight will not be endangered. The AC contains among other things, guidance for site selection. Users are advised to avoid noise sensitive areas such as parks, schools, hospitals, and churches. Hobbyists are advised not to fly in the vicinity of spectators until they are confident that the model aircraft has been flight tested and proven airworthy. Model aircraft should be flown below 400 feet above the surface to avoid other aircraft in flight. The FAA expects that hobbyists will operate these recreational model aircraft within visual line-of-sight. While the AC 91-57 was developed for model aircraft, some operators have used the AC as the basis for commercial flight operations. Policy Statement The current FAA policy for UAS operations is that no person may operate a UAS in the National Airspace System without specific authority. For UAS operating as public aircraft the authority is the COA, for UAS operating as civil aircraft the authority is special airworthiness certificates, and for model aircraft the authority is AC 91-57. The FAA recognizes that people and companies other than modelers might be flying UAS with the mistaken understanding that they are legally operating under the authority of AC 91-57. AC 91-57 only applies to modelers, and thus specifically excludes its use by persons or companies for business purposes. The FAA has undertaken a safety review that will examine the feasibility of creating a different category of unmanned “vehicles” that may be defined by the operator's visual line of sight and are also small and slow enough to adequately mitigate hazards to other aircraft and persons on the ground. The end product of this analysis may be a new flight authorization instrument similar to AC 91-57, but focused on operations which do not qualify as sport and recreation, but also may not require a certificate of airworthiness. They will, however, require compliance with applicable FAA regulations and guidance developed for this category. Feedback regarding current FAA policy for Unmanned Aircraft Systems can be submitted at *http://www.faa.gov/uas.* (Scroll down to the bottom of the page and find *Contact UAPO.* Click into this link.) Issued in Washington, DC, on February 6, 2007. Nicholas Sabatini, Associate Administrator for Aviation Safety. [FR Doc. E7-2402 Filed 2-12-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 110 [CGD01-06-027] RIN 1625-AA01 Anchorage Regulations; Port of New York AGENCY: Coast Guard, DHS. ACTION: Final rule. SUMMARY: The Coast Guard is revising the duration vessels are authorized to anchor in specific anchorage grounds within the Port of New York and New Jersey (PONYNJ). This action is necessary to facilitate safe navigation and provide for the overall safe and efficient flow of waterborne commerce. This action is intended to better facilitate the efficient use of the limited deep water anchorage grounds available in PONYNJ. DATES: This rule is effective March 15, 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 (CGD01-06-027) and are available for inspection or copying at Waterways Management Division, Coast Guard Sector New York, 212 Coast Guard Drive, Room 321, Staten Island, New York 10305 between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant Commander M. McBrady, Waterways Management Division, Coast Guard Sector New York at

(718)354-2353. SUPPLEMENTARY INFORMATION: Regulatory Information On November 16, 2006, we published a notice of proposed rulemaking

(NPRM)entitled Anchorage Regulations; Port of New York in the **Federal Register** (71 FR 66708). We received no letters commenting on the proposed rule. No public meeting was requested, and none was held. Background and Purpose The Coast Guard is revising the duration that vessels are authorized to anchor in Federal Anchorage Grounds 19, 21-A, 21-B, 21-C, and 25 in the Port of New York and New Jersey (PONYNJ), 33 CFR 110.155 (c)(5), (d)(10)-(12), and (e)(1), respectively. These revisions are necessary due to the limited amount of deep water anchorage space available in the Hudson River, Upper and Lower Bay of New York Harbor. In recent years, as the number of ships in port has increased and their sizes have grown, the anchorage grounds have frequently been filled to capacity. According to the Harbor Safety, Operations, and Navigation Committee of the Port of New York and New Jersey (HAROPS), which represents a broad spectrum of the local maritime industry, having adequate anchorage space is critical to the overall safety and economic vitality of the port. The limited availability of anchorage space has caused undue economic burden for ships that are forced to anchor outside the port in the vicinity of Ambrose Tower, sometimes for days, while awaiting anchorage space. Vessels have been unable to complete their business, including re-supply, lightering, and bunkering, in a cost-efficient manner and sometimes have forgone obtaining services in New York because of the delays. The unavailability of anchorage space also increases safety risks by forcing ships to take on provisions while underway and potentially preventing ships from anchoring in an emergency. The revisions increase the availability of anchorage space by reducing the amount of time that a vessel may remain at anchor. The revisions also limit the number vessels from loitering in the lower Hudson River, Bay Ridge, and Gravesend Bay anchorages. Discussion of Comments and Changes The Coast Guard received no comments on this rulemaking and no changes from the proposed rule have been made. 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 our evaluation presented in the following two paragraphs: This rule allows the Coast Guard to better manage the increasing and changing needs of commercial vessels and to make the best use of the limited available Anchorage Grounds. Vessels normally complete bunkering or lightering operations within the Anchorage Grounds within 48 hours. Additionally, due to security concerns at facilities, more vessels need to replenish supplies while at anchor, which normally takes no longer than 8 hours. This rule allows shipping lines, owners, agents, and others in the shipping industry to operate more efficiently in the Port of New York and New Jersey. The current 30-day limit for vessels to remain at anchor is an inefficient use of the limited, extremely busy Anchorage Grounds within the PONYNJ since vessels not conducting port related operations could easily anchor offshore while awaiting pier space, supply deliveries, sailing orders, etc. Additionally, this rule allows the commercial vessel industry to more efficiently conduct final preparations for sea in a protected Anchorage Ground, as opposed to conducting preparations during outbound transit in the vicinity of the six vessel traffic lanes that converge on Ambrose Light (LLNR 720). This rule is in the interest of safe and efficient navigation. 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 will affect the following entities, some of which might be small entities: The owners or operators of commercial vessels intending to anchor in a portion of the Hudson River, Upper New York Bay, or Lower New York Bay. This rule, however, will not have a significant economic impact on these entities for the reasons stated above in the Regulatory Evaluation section. 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. The Coast Guard received no requests for assistance. 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 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 does 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 guide 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. This rule fits the category selected from paragraph (34)(f) as it revises the duration a vessel can anchor in a Federal Anchorage Ground. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” are available in the docket where indicated under ADDRESSES . 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 and 2071; 33 CFR 1.05-1(g); and Department of Homeland Security Delegation No. 0170.1. 2. In § 110.155, add paragraphs (c)(5)(vi), (d)(10)(ii), (d)(11)(iii), (d)(12)(iii), and (e)(1)(iii), to read as follows: § 110.155 Port of New York.

(c)* * *

(5)* * *

(vi)No vessel may occupy this anchorage for a period of time in excess of 96 hours without prior approval of the Captain of the Port.

(d)* * *

(10)* * *

(ii)No vessel may occupy this anchorage for a period of time in excess of 96 hours without prior approval of the Captain of the Port.

(11)* * *

(iii)No vessel may occupy this anchorage for a period of time in excess of 96 hours without prior approval of the Captain of the Port.

(12)* * *

(iii)No vessel may occupy this anchorage for a period of time in excess of 96 hours without prior approval of the Captain of the Port.

(e)* * *

(1)* * *

(iii)No vessel may occupy this anchorage for a period of time in excess of 96 hours without prior approval of the Captain of the Port. Dated: January 26, 2007. Timothy S. Sullivan, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. E7-2454 Filed 2-12-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD07-06-041] RIN 1625-AA09 Drawbridge Operation Regulation; 63rd Street Bridge, Indian Creek, Miami, Miami-Dade County, FL AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is temporarily changing the operating regulations governing the 63rd Street Drawbridge across Indian Creek, mile 4.0 in Miami-Dade County, Florida. This rule will allow the Drawbridge to open a single-leaf on the top of the hour from 8 a.m. to 5:59 p.m. and a double-leaf on the top of the hour between 6 p.m. and 12:10 a.m. At all other times this bridge will be closed to navigation. DATES: This rule is effective from March 15, 2007 until June 19, 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 (CGD07-06-041) and are available for inspection or copying at Commander (dpb), Seventh Coast Guard District, 909 S.E. 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. Michael Lieberum, Seventh Coast Guard District, Bridge Branch, telephone number 305-415-6744. SUPPLEMENTARY INFORMATION: Regulatory Information On April 3, 2006, we published a notice of proposed rulemaking

(NPRM)entitled Drawbridge Operation Regulations; 63rd Street Bridge, Indian Creek, Miami, Miami-Dade County, FL in the **Federal Register** (71 FR 16529). We received two comments on the proposed rule. No public meeting was requested, and none was held. The NPRM proposed an effective period of 8 a.m. on June 19, 2006 through 6 p.m. on February 5, 2007. Thus, this temporary final rule is effective from March 15, 2007 until June 19, 2007 because of contractor and the City of Miami Beach requests to balance the reasonable needs of vehicles and vessels while the bridge undergoes rehabilitation. Publishing another NPRM before this temporary rule would further delay meeting the immediate safety concerns needed to protect local vessel and vehicle traffic from the temporary change in drawbridge operations. Background and Purpose The existing regulation of the 63rd Street Drawbridge, Indian Creek mile 4.0, Miami-Dade County, Florida, requires the draw to open promptly and fully for the passage of vessels when a request or signal to open is given. The contractor representing the bridge owner (Florida Department of Transportation) requested that this drawbridge be placed on a restricted schedule to allow for the least amount of time that this work would influence both vehicle and vessel traffic. The contractor has been working directly with the City of Miami Beach and the local marina to balance the reasonable needs of both entities. The Coast Guard had reviewed the drawbridge logs for the 63rd Street Drawbridge and determined that there were limited nighttime openings. Discussion of Comments and Changes The Coast Guard received one response to the notice of proposed rulemaking

(NPRM)and one response after the closure date of the NPRM. One comment requested that this bridge be closed to navigation during the daytime hours and one comment requested an exemption to the regulation or to allow no changes to the regulation so the drawbridge would open on demand. The request to close this bridge to navigation during daytime hours was determined to be unreasonable as this drawbridge is the only access for the local vessel owners and a marina located on the south side of the bridge. The request to leave this bridge on an on-signal schedule would unreasonably delay rehabilitating this bridge. For this reason the recommendation for an on-signal request was not approved. 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 needed to transit Indian Creek, persons intending to drive over the bridge, and nearby business owners. The revision to the openings schedule would not have a significant impact on a substantial number of small entities, although bridge openings will be restricted, vessel traffic will still be able to transit Indian Creek pursuant to the revised opening schedule. 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 the 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. Add Section 117.T293 to read as follows: § 117.T293 Indian Creek.

(a)The Drawspan of the 63rd Street Drawbridge, mile 4.0 across Indian Creek, Miami-Dade County, Florida will open a single-leaf on the hour from 8 a.m. to 5:59 p.m. and a double-leaf on the hour from 6 p.m. to 12:10 a.m. This Drawbridge will be closed to navigation at all other times.

(b)Effective date: This temporary rule is effective until June 19, 2007. Dated: February 1, 2007. D.W. Kunkel, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. E7-2345 Filed 2-12-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216044-6044-01; I.D. 020807B] Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 of the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure; request for comments. SUMMARY: NMFS is opening directed fishing for pollock in Statistical Area 610 of the Gulf of Alaska

(GOA)for 48 hours. This action is necessary to fully use the A season allowance of the 2007 total allowable catch

(TAC)of pollock specified for Statistical Area 610 of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 8, 2007, through 1200 hrs, A.l.t., February 10, 2007. Comments must be received at the following address no later than 4:30 p.m., A.l.t., February 23, 2007. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. Comments may be submitted by: • Mail to: P.O. Box 21668, Juneau, AK 99802; • Hand delivery to the Federal Building, 709 West 9th Street, Room 420A, Juneau, Alaska; • Fax to 907-586-7557; • E-mail to *open610pollock@noaa.gov* and include in the subject line of the e-mail comment the document identifier: “g61plkro2” (E-mail comments, with or without attachments, are limited to 5 megabytes); or • Webform at the Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the instructions at that site for submitting comments. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska

(FMP)prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. NMFS closed the directed fishery for pollock in Statistical Area 610 of the GOA under § 679.20(d)(1)(iii) on January 22, 2007 (72 FR 2462, January 19, 2007). The fishery was subsequently reopened on February 5, 2007 and closed on February 7, 2007. The action filed with the Office of the **Federal Register** on February 5, 2007, and will publish February 9, 2007. NMFS has determined that approximately 2,455 mt of pollock remain in the directed fishing allowance. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize the A season allowance of the 2007 TAC of pollock in Statistical Area 610, NMFS is terminating the previous closure and is reopening directed fishing for pollock in Statistical Area 610 of the GOA. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance will be reached after 48 hours. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 610 of the GOA effective 1200 hrs, A.l.t., February 10, 2007. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the opening of pollock in Statistical Area 610 of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of February 7, 2007. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. Without this inseason adjustment, NMFS could not allow the fishery for pollock in Statistical Area 610 of the GOA to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until February 23, 2007. This action is required by § 679.25 and § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: February 8, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07-638 Filed 2-8-07; 2:13 pm]

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