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Code · REGISTER · 2007-03-02 · PROPOSED RULES · Agriculture Agriculture Department See Forest Service See Grain Inspection, Packers and Stockyards Administration Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meeti · Unknown

Unknown. Final rule

17,066 words·~78 min read·/register/2007/03/02/07-952

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-2007-03-02.xml --- 72 41 Friday, March 2, 2007 Contents Agriculture Agriculture Department See Forest Service See Grain Inspection, Packers and Stockyards Administration Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings: Access Board, 9503 E7-3639 Centers Centers for Disease Control and Prevention NOTICES Meetings: ICD-9-CM Coordination and Maintenance Committee, 9537 E7-3660 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare:
Appeals process; provider and supplier applications for enrollment or renewal; determinations, 9479-9491 07-870 NOTICES Agency information collection activities; proposals, submissions, and approvals, 9537-9538 E7-3654 Grant and cooperative agreement awards: Deficit Reduction Act Hurricane Katrina Heathcare Related Provider Stabilization Project— Louisiana, Alabama, and Mississippi; single source grant awardees, 9538 E7-3655 Children Children and Families Administration PROPOSED RULES Child Care and Development Fund:
Error rate reporting, 9491-9499 E7-3664 Coast Guard Coast Guard RULES Drawbridge operations: Oregon, 9435-9436 E7-3679 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Fifth Coast Guard District, 9436-9441 E7-3637 PROPOSED RULES Regattas and marine parades: Virginia State Hydroplane Championship, 9477-9479 E7-3638 NOTICES Agency information collection activities; proposals, submissions, and approvals, 9549-9550 E7-3644 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Technology Administration Education Education Department NOTICES Meetings:
Safe and Drug-Free Schools and Communities Advisory Committee, 9518 07-950 Employment Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 9588-9590 E7-3622 Apprenticeship programs: California Department of Industrial Relations and California Apprenticeship Council; derecognition, 9590 E7-3616 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:
Virginia, 9441-9445 E7-3586 NOTICES Environmental statements; availability, etc.: Agency comment availability, 9520-9521 E7-3671 Agency weekly receipts, 9521 E7-3672 Meetings: Children's Health Protection Advisory Committee, 9521-9522 E7-3682 Reports and guidance documents; availability, etc.: Sediments at hazardous waste sites; evaluating ecological risk to invertebrate receptors from PAHs, 9522-9523 E7-3685 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives:
Aerospatiale, 9475-9477 E7-3657 FBI Federal Bureau of Investigation NOTICES Agency information collection activities; proposals, submissions, and approvals, 9586-9587 E7-3662 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 9523 07-992 Privacy Act; system of records, 9523-9529 E7-3678 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 9529-9530 07-995 Federal Emergency Federal Emergency Management Agency RULES Acquisition regulations;
CFR chapter removed, 9445-9446 E7-3650 NOTICES Disaster and emergency areas: Oklahoma, 9550 E7-3651 E7-3652 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 9518-9520 E7-3714 Federal Highway Federal Highway Administration NOTICES Reports and guidance documents; availability, etc.: National Outdoor Advertising Control Program; assessment report; comment request, 9592-9593 07-982 FMC Federal Maritime Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 9530 E7-3794 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.:
Saint Louis Metro, 9608-9609 07-993 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 9530-9531 E7-3668 FTC Federal Trade Commission RULES Organization, procedures, and rules of practice: International Affairs Office, 9434-9435 E7-3718 NOTICES Organization, functions, and authority delegations: Consumer Protection Bureau, Director, et al., 9531-9532 E7-3719 Fish Fish and Wildlife Service NOTICES Endangered and threatened species permit applications, 9576 E7-3663 Forest Forest Service NOTICES Environmental statements; notice of intent:
Chugach National Forest, AK, 9501-9502 07-944 Meetings: Eastern Washington Cascades Provincial and Yakima Provincial Advisory Committees, 9502 07-943 Resource Advisory Councils— Sierra Front-Northwestern Great Basin, Northeastern Great Basin, and Mohave-Southern Great Basin, 9580 07-945 GSA General Services Administration NOTICES Reports and guidance documents; availability, etc.: Federal telework and other alternative workplace arrangement programs; information technology and telecommunications guidelines, 9532-9535 07-951 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency designation actions:
Minnesota, 9502-9503 E7-3646 E7-3647 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See National Institutes of Health NOTICES Meetings: Genetics, Health, and Society, Secretary's Advisory Committee, 9535-9536 07-973 Special Exposure Cohort; employee class designations: General Atomics, 9536 07-948 Monsanto Chemical Co., 9536-9537 07-947 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 9550-9551 07-975 Grants and cooperative agreements; availability, etc.:
Homeless assistance; excess and surplus Federal properties, 9551-9574 E7-3525 Industry Industry and Security Bureau RULES Export administration regulations: Entity list— United Arab Emirates; export and reexport license requirements, 9433-9434 E7-3538 NOTICES Export privileges, actions affecting: S.P. Equipamentos de Protecao ao Trabalho Ltda., 9503-9505 07-949 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission See Surface Mining Reclamation and Enforcement Office NOTICES Environmental statements; availability, etc.:
Arizona Strip BLM-administered lands and Vermilion Cliffs and Grand Canyon-Parashant National Monuments; resource and general management plans, 9574-9576 07-940 International International Trade Administration NOTICES Antidumping: Activated carbon from— China, 9508-9513 E7-3693 Ball bearings and parts from— France, 9513-9514 E7-3697 Corrosion-resistant carbon steel flat products from— France, 9514-9515 E7-3698 Hot-rolled carbon steel flat products from— Thailand, 9515 E7-3699 Steel concrete reinforcing bars from— Korea, 9515-9516 E7-3700 Antidumping and countervailing duties:
Administrative review requests, 9505-9507 E7-3688 Five year (sunset) reviews— Advance notification, 9507 E7-3691 Justice Justice Department See Federal Bureau of Investigation See Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 9586 E7-3634 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 9587-9588 E7-3632 E7-3633 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.:
Ironwood Forest National Monument, AZ; resource management plan, 9576-9577 E7-3626 San Diego County, CA; resource management plan, 9577-9578 E7-3614 Environmental statements; notice of intent: Carrizo Plain National Monument, CA; resource management plan, 9578-9579 E7-3640 Eureka County, NV; Mount Hope project plan of operations, 9579-9580 E7-3643 Meetings: Resource Advisory Councils— Sierra Front-Northwestern Great Basin, Northeastern Great Basin, and Mohave-Southern Great Basin, 9580 07-945 Recreation management restrictions, etc.:
Colorado public lands; unlawful use of alcohol by underage persons, driving under influence of alcohol and/or drugs, and drug paraphernalia possession, 9580-9582 07-939 North Menan Butte area, ID; temporary closure of public lands to car and truck traffic, 9582 E7-3641 Recreation management restrictions, etc: Nye County, NV; temporary closure to target shooting, 9583-9584 E7-3642 Resource management plans, etc.: Kremmling and Glenwood Springs planning areas, CO, 9584-9586 E7-3627 Morris Morris K.
Udall Scholarship and Excellence in National Environmental Policy Foundation NOTICES Reports and guidance documents; availability, etc.: National Outdoor Advertising Control Program; assessment report; comment request, 9592-9593 07-982 National Indian National Indian Gaming Commission NOTICES Indian Gaming Regulatory Act: Fee rates, 9593 07-942 NIH National Institutes of Health NOTICES Acquisition regulations: Contract financing; NCI-Frederick steam production facility private financing; no-setoff provision, 9538-9539 07-960 Inventions, Government-owned; availability for licensing, 9539-9541 E7-3694 E7-3695 Meetings:
AIDS Research Office Advisory Council, 9541 07-961 Genetics, Health, and Society, Secretary's Advisory Committee, 9541-9542 07-965 National Cancer Institute, 9542 07-968 07-970 National Heart, Lung, and Blood Institute, 9543 07-958 National Institute of Allergy and Infectious Diseases, 9545 07-963 National Institute of Child Health and Human Development, 9544-9545 07-962 National Institute of Diabetes and Digestive and Kidney Diseases, 9543 07-955 07-956 National Institute of Environmental Health Sciences, 9543-9544 07-957 07-959 National Institute of General Medical Sciences, 9545 07-969 National Institute on Drug Abuse, 9545 07-972 National Library of Medicine, 9545-9546 07-971 National Toxicology Program— Scientific Counselors Board, 9546-9547 E7-3701 Scientific Review Center, 9547-9549 07-964 07-966 07-967 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands groundfish, 9451-9474 E7-3692 Pacific cod, 9450-9451 07-954 Marine mammals: Commercial fishing authorizations— Atlantic Large Whale Take Reduction Plan, 9446-9450 07-952 07-953 PROPOSED RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— South Atlantic Fishery Management Council; hearings, 9499-9500 E7-3703 Western Pacific fisheries— Western Pacific precious corals fisheries; control date, 9500 E7-3702 NOTICES Meetings:
Inter-American Tropical Tuna Commission; U.S. Section General Advisory Committee, 9516-9517 E7-3704 International Whaling Commission, 9517 E7-3696 Occupational Occupational Safety and Health Administration NOTICES Committees; establishment, renewal, termination, etc.: Occupational Safety and Health Federal Advisory Council, 9590-9592 E7-3690 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous materials:
Special permit applications; list, 9609-9610 07-977 Presidential Presidential Documents PROCLAMATIONS *Special observances:* American Red Cross Month (Proc. 8108), 9639-9642 07-999 Women's History Month (Proc. 8109), 9643-9644 07-1000 Save Your Vision Week (Proc. 8110), 9647-9650 07-1004 ADMINISTRATIVE ORDERS Zimbabwe; continuation of national emergency (Notice of February 28, 2007), 9645 07-1001 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 9594 E7-3666 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:
NASDAQ-100 Trust, Series 1, et al., 9594-9599 E7-3677 Meetings: International Financial Reporting Standards; roadmap roundtable discussion, 9599 E7-3645 Self-regulatory organizations; proposed rule changes: New York Stock Exchange LLC, 9599-9606 E7-3670 SBA Small Business Administration NOTICES Disaster loan areas: Louisiana, 9606 E7-3709 Oklahoma, 9606-9607 E7-3708 Oregon, 9607 E7-3710 Social Social Security Administration NOTICES Meetings: Ticket to Work and Work Incentives Advisory Panel, 9607 E7-3676 State State Department NOTICES Culturally significant objects imported for exhibition:
Great Britons: Treasures from the National Portrait Gallery, London, 9607-9608 E7-3674 Old Order and the New: P.H. Emerson and Photography (1885-1895), 9608 E7-3673 Van Gogh and Expressionism, 9608 E7-3675 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Tennessee, 9616-9637 E7-3649 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Lake County, OR, 9610-9611 E7-3706 E7-3707 Union Pacific Railroad Co., 9611 E7-3566 Technology Technology Administration NOTICES National Medal of Technology Program; nominations, 9517-9518 E7-3631 Trade Trade Representative, Office of United States NOTICES Meetings:
Industry Sector Advisory Committees— Small and Minority Business, 9593-9594 E7-3711 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department NOTICES Privacy Act; systems of records, 9611-9612 E7-3687 Veterans Veterans Affairs Department NOTICES Meetings: Prosthetics and Special Disabilities Programs Advisory Committee, 9612-9613 07-976 Separate Parts In This Issue Part II Interior Department, Surface Mining Reclamation and Enforcement Office, 9616-9637 E7-3649 Part III Executive Office of the President, Presidential Documents, 9639-9645 07-999 07-1000 07-1001 Part IV Executive Office of the President, Presidential Documents, 9647-9650 07-1004 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 41 Friday, March 2, 2007 Rules and Regulations DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 070220040-7040-01] RIN 0694-AD91 Addition of Entities to the Entity List AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule. SUMMARY: The Bureau of Industry and Security
(BIS)is amending the Export Administration Regulations
(EAR)to add two entities located in the United Arab Emirates (U.A.E.) to the Entity List. The Entity List is a compilation of end-users that present an unacceptable risk of using or diverting certain items to activities related to weapons of mass destruction. BIS requires a license for most exports or reexports to these entities and maintains the Entity List to inform the public of these license requirements. EFFECTIVE DATE: This rule is effective: March 2, 2007. FOR FURTHER INFORMATION CONTACT: Michael Rithmire, Export Administration Intelligence Liaison, Bureau of Industry and Security, Telephone:
(202)482-6105. SUPPLEMENTARY INFORMATION : Background This rule makes the following revisions to the Export Administration Regulations (EAR): Additions to the Entity List Pursuant to 15 CFR 744.3(b), this rule amends Supplement No. 4 to part 744 (the Entity List) by adding two entities located in the U.A.E. to the Entity List. This notifies the public that a license is required for the export or reexport of all items subject to the EAR to: Bazaar Trading Co., No. 212 Baniyas Tower, Dubai, U.A.E. 6708; and Elmstone Trading L.L.C., P.O. Box 24896, Sharjah, U.A.E. License applications to export, reexport, or transfer (in-country) items subject to the EAR to these entities will be reviewed based on the license review standards for certain rocket systems and unmanned air vehicles end-uses found in § 744.3 of the EAR. Therefore, applications will be considered on a case-by-case basis to determine whether the export, reexport, or transfer would make a material contribution to the proliferation of certain rocket systems, or unmanned air vehicles. When an export, reexport or transfer is deemed to make a material contribution, the license will be denied. Savings Clause Shipments of items removed from eligibility for a License Exception or for export or reexport without a license
(NLR)as a result of this regulatory action that were on dock for loading, on lighter, laden aboard an exporting or reexporting carrier, or en route aboard a carrier to a port of export or reexport on March 2, 2007, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export or reexport without a license
(NLR)so long as they are exported or reexported before April 2, 2007. Any such items not actually exported or reexported before midnight on April 2, 2007 require a license in accordance with this rule. Since August 21, 2001, the Export Administration Act has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), as extended most recently by the Notice of August 3, 2006, 71 FR 44551 (Aug. 7, 2006), has continued the EAR in effect under the International Emergency Economic Powers Act. BIS continues to carry out the provisions of the Act, as appropriate and to the extent permitted by law, pursuant to Executive Order 13222. Rulemaking Requirements 1. This final rule has been determined to be not significant for purposes of Executive Order 12866. 2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a currently valid Office of Management and Budget Control Number. This rule involves a collection of information subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 *et seq.* ). This collection has been approved by the Office of Management and Budget under control number 0694-0088, “Multi-Purpose Application,” which carries a burden hour estimate of 58 minutes for a manual or electronic submission. Send comments regarding these burden estimates or any other aspect of these collections of information, including suggestions for reducing the burden, to David Rostker, Office of Management and Budget (OMB), by e-mail to *David_Rostker@omb.eop.gov* , or by fax to
(202)395-7285; and to the Office of Administration, Bureau of Industry and Security, Department of Commerce, 14th and Pennsylvania Avenue, NW., Room 6883, Washington, DC 20230. 3. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 13132. 4. The provisions of the Administrative Procedure Act requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in effective date, are inapplicable because this regulation involves a military and foreign affairs function of the United States (5 U.S.C. 553(a)(1)). Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under the Administrative Procedure Act or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) are not applicable. Therefore, this regulation is issued in final form. Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis. Comments should be submitted to Timothy Mooney, Office of Exporter Services, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044. List of Subjects in 15 CFR Part 744 Exports, Reporting and recordkeeping requirements, Terrorism. Accordingly, part 744 of the Export Administration Regulations (15 CFR parts 730-774) is amended as follows: PART 744—[AMENDED] 1. The authority citation for 15 CFR part 744 is revised to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; 22 U.S.C. 3201 *et seq.* ; 42 U.S.C. 2139a; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 FR 64109 (October 31, 2006). 2. Supplement No. 4 to part 744 is amended immediately following the country of Syria, by adding, in alphabetical order, the country of United Arab Emirates and U.A.E. entities: “Bazaar Trading Co., No. 212 Baniyas Tower, Dubai, U.A.E. 6708”; and “Elmstone Trading L.L.C., P.O. Box 24896, Sharjah, U.A.E.”; and the License Requirement column, License Review Policy column and **Federal Register** Citation column for these entities, to read as follows. Supplement No. 4 to Part 744—ENTITY LIST Country Entity License Requirement License Review Policy Federal Register Citation * * * * * * * United Arab Emirates Bazaar Trading Co., No. 212 Baniyas Tower, Dubai, U.A.E. 6708 For all items subject to the EAR See § 744.3(d) of this part 72 FR [insert FR page number], March 2, 2007. Elmstone Trading L.L.C., P.O. Box 24896, Sharjah, U.A.E For all items subject to the EAR See § 744.3(d) of this part 72 FR [Insert FR page number], March 2, 2007. Dated: February 22, 2007. Christopher A. Padilla, Assistant Secretary for Export Administration. [FR Doc. E7-3538 Filed 3-1-07; 8:45 am] BILLING CODE 3510-33-P FEDERAL TRADE COMMISSION 16 CFR Part 0 Rules of Practice AGENCY: Federal Trade Commission. ACTION: Final rule amendments. SUMMARY: The Commission is updating the agency's description of its organization and activities in Part 0 of its Rules of Practice to include the Office of International Affairs. DATES: *Effective Date:* March 2, 2007. FOR FURTHER INFORMATION CONTACT: Lisa M. Harrison, Attorney, Office of the General Counsel, Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580,
(202)326-3204, *lharrison@ftc.gov.* SUPPLEMENTARY INFORMATION: The Commission is amending Part 0 of its Rules of Practice, 16 CFR Part 0, to include the Office of International Affairs. *Rule 0.9, 16 CFR 0.9 (Organization structure).* The Commission is revising this rule to include the Office of International Affairs. *Rule 0.20, 16 CFR 0.20 (Office of International Affairs).* The Commission is adding this rule describing the functions of the Office of International Affairs, which comprises international antitrust, international consumer protection, and international technical assistance. The Office of International Affairs is responsible for designing and implementing the Commission's international program, which supports and promotes the Commission's core maintaining competition and consumer protection missions. The Administrative Procedure Act does not require prior public notice and comment on these amendments because they relate solely to rules of agency organization, procedure or practice. 5 U.S.C. 553(b)(A). For this reason, the Regulatory Flexibility Act also does not require an initial or final regulatory flexibility analysis. See 5 U.S.C. 603, 604. List of Subjects in 16 CFR Part 0 Organization and functions (Government Agencies). For the reasons set forth in the preamble, the Federal Trade Commission amends Title 16, chapter I, subchapter A, of the Code of Federal Regulations as follows: SUBCHAPTER A—ORGANIZATION, PROCEDURES, AND RULES OF PRACTICE PART 0—ORGANIZATION 1. The authority for part 0 remains as follows: Authority: 5 U.S.C. 552(a)(1); 15 U.S.C. 46(g). 2. Revise § 0.9 to read as follows: § 0.9 Organization structure. The Federal Trade Commission comprises the following principal units: Office of the Executive Director; Office of the General Counsel; Office of the Secretary; Office of the Inspector General; Office of the Administrative Law Judges; Office of International Affairs; Bureau of Competition; Bureau of Consumer Protection; Bureau of Economics; and the Regional Offices. 3. Add § 0.20 to read as follows: § 0.20 Office of International Affairs. The Office of International Affairs
(OIA)comprises international antitrust, international consumer protection, and international technical assistance. OIA is responsible for designing and implementing the Commission's international program, which provides support and advice to the Bureaus of Competition and Consumer Protection with regard to the international aspects of investigation and prosecution of unlawful conduct. OIA builds cooperative relationships between the Commission and foreign authorities; works closely with Bureau personnel to recommend agency priorities and policies and works, through bilateral relationships and multilateral organizations, to promote those policies internationally; and implements Commission policy and participation in the competition and consumer protection aspects of trade fora and negotiations, such as the U.S. inter-agency delegations negotiating bilateral and multilateral free trade agreements. OIA works with authorized funding sources to develop and implement competition and consumer protection technical assistance programs. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E7-3718 Filed 3-1-07; 8:45 am] BILLING CODE 6750-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD13-06-048] RIN 1625-AA09 Drawbridge Operation Regulations; Youngs Bay and Lewis and Clark River, OR AGENCY: Coast Guard, DHS. ACTION: Notice of final rule. SUMMARY: The Coast Guard is changing the operating regulations for the New Youngs Bay, Old Youngs Bay, and the Lewis and Clark River Drawbridges near Astoria, Oregon. This change was requested by the Oregon Department of Transportation (ODOT), owner of the bridges, due to reduced demand for draw openings. This final rule reduces the period when a one-half hour notice is required for openings and also reduces the four-hour notice required at all other times to two hours. DATES: This rule is effective April 2, 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 the docket (CGD13-06-048) and are available for inspection or copying at Commander (dpw), 13th Coast Guard District, 915 Second Avenue, Seattle, WA 98174-1067 between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief Bridge Section,
(206)220-7282. SUPPLEMENTARY INFORMATION: Regulatory Information On October 27, 2006, we published a notice of proposed rulemaking
(NPRM)entitled “Drawbridge Operation Regulations; Youngs Bay and Lewis and Clark River, Astoria, Oregon” in the **Federal Register** (71 FR 62955). We received no comments on the proposed rule. No public meeting was requested and none was held. Background and Purpose The operating regulations currently in effect for the New Youngs Bay, Old Youngs Bay, and the Lewis and Clark River Drawbridges near Astoria, Oregon at 33 Code of Federal Regulations 117.89 provide that the spans need not open for the passage of vessels from 6 a.m. to 6 p.m. Monday through Friday and 8 a.m. to 4 p.m. Saturday and Sunday unless at least one half-hour notice is given. At all other times at least four hours notice must be given. This rule allows the bridge owner to reduce the shifts for staffing the drawbridges by reducing the period, Monday through Friday, where one-half hour notice is required for an opening. Additionally, the four-hour notice at most other times is also reduced to two hours. Weekend periods with half-hour notice required remain unchanged. Discussion of Comments and Changes The Coast Guard received no responses to the Notice of Proposed Rulemaking and no changes are made in this final rule from that notice. 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. The single commercial boat yard, which is the destination for most vessels that pass through the bridges, has indicated that they can tolerate the changes. 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. We expect few vessel operators will be inconvenienced by the new operating schedule as it is quite similar to operating regulations that have been in effect without complaint for several years. 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 proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. 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 Agricultural 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 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 will 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 Information and Regulatory Affairs has not designated this 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 (32)(e) of the Instruction, from further environmental documentation. Under figure 2-1, paragraph (32)(e), of the Instruction, an “Environmental Analysis Checklist” and a “Categorical Exclusion Determination” are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. Regulations 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); section 117.255 also issued under the authority of Pub. L. 102-587, 106 Stat. 5039. 2. Amend § 117.899 by revising paragraphs (a),
(b)and
(c)to read as follows: § 117.899 Youngs Bay and Lewis and Clark River.
(a)The draw of the US101 (New Youngs Bay) highway bridge, mile 0.7, across Youngs Bay at Smith Point, shall open on signal for the passage of vessels if at least one half-hour notice is given to the drawtender at the Lewis and Clark River Bridge by marine radio, telephone, or other suitable means from 7 a.m. to 5 p.m. Monday through Friday and from 8 a.m. to 4 p.m. on Saturday and Sunday. At all other times, including all Federal holidays but Columbus Day, at least a two-hour notice by telephone is required. The opening signal shall be two prolonged blasts followed by one short blast.
(b)The draw of the Oregon State (Old Youngs Bay) highway bridge, mile 2.4, across Youngs Bay foot of Fifth Street, shall open on signal for the passage of vessels if at least one half-hour notice is given to the drawtender at the Lewis and Clark River Bridge by marine radio, telephone, or other suitable means from 7 a.m. to 5 p.m. Monday through Friday and from 8 a.m. to 4 p.m. Saturday and Sunday. At all other times, including all Federal holidays but Columbus Day, at least a two-hour notice by telephone is required. The opening signal is two prolonged blasts followed by one short blast.
(c)The draw of the Oregon State (Lewis and Clark River) highway bridge, mile 1.0, across the Lewis and Clark River, shall open on signal for the passage of vessels if at least one half-hour notice is given by marine radio, telephone, or other suitable means from 7 a.m. to 5 p.m. Monday through Friday and from 8 a.m. to 4 p.m. on Saturday and Sunday. At all other times, including all Federal holidays but Columbus Day, at least a two-hour notice by telephone is required. The opening signal is one prolonged blast followed by four short blasts. Dated: February 23, 2007. R.R. Houck, Rear Admiral, U.S. Coast Guard, District Commander, Thirteenth Coast Guard District. [FR Doc. E7-3679 Filed 3-1-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD05-06-091] RIN 1625-AA00 Safety Zones; Fireworks Displays Within the Fifth Coast Guard District AGENCY: Coast Guard, DHS. ACTION: Final rule. SUMMARY: The Coast Guard is establishing 49 permanent safety zones for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. This action is necessary to protect the life and property of the maritime public from the hazards posed by fireworks displays. Entry into or movement within these zones during the enforcement periods is prohibited without approval of the appropriate Captain of the Port. DATES: This rule is effective April 2, 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 CGD05-06-091 and are available for inspection or copying at Commander (dpi), Fifth Coast Guard District, Room 415, 431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager, Inspections and Investigations Branch, at
(757)398-6204. SUPPLEMENTARY INFORMATION: Regulatory Information On November 3, 2006, we published a Notice of proposed rulemaking
(NPRM)entitled Safety Zones; Fireworks Displays Within the Fifth Coast Guard District in the **Federal Register** (71 FR 64662). 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 amending the list of permanent safety zones at 33 CFR 165.506, established for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. Currently there are 34 permanent safety zones established that are enforced for fireworks displays occurring throughout the year that are held on an annual basis and normally in one of these 34 locations. The 34 established permanent safety zone locations are: Patuxent River, Solomons Island, MD; Middle River, MD; Northeast River, MD; Potomac River, Charles County, MD; Baltimore Inner Harbor, Patapsco River, MD; Northwest Harbor (Western Section), Patapsco River, MD; Northwest Harbor (East Channel), Patapsco River, MD; Washington Channel, Upper Potomac River, Washington, DC; Dukeharts Channel, Potomac River, MD; Severn River and Spa Creek, Annapolis, MD; Miles River, St. Michaels, MD; Chesapeake Bay, Chesapeake Beach, MD; Choptank River, Cambridge, MD; Chester River, Kent Island Narrows, MD; Atlantic Ocean, Ocean City, MD; Isle of Wight Bay, Ocean City, MD; Assawoman Bay, Fenwick Island, MD; Atlantic Ocean, Rehoboth Beach, DE; Indian River Bay, DE; Little Egg Harbor, Parker Island, NJ; Barnegat Bay, Ocean Township, NJ; Delaware Bay, North Cape May, NJ; Delaware River, Philadelphia, PA; Morehead City Harbor Channel, Morehead City, NC; Green Creek and Smith Creek, Oriental, NC; Pamlico River, Washington, NC; Neuse River, New Bern, NC; Cape Fear River, Southport, NC; Cape Fear River, Wilmington, NC; Upper Potomac River, Alexandria, VA; Potomac River, Prince William County, VA; Chincoteague Channel, Chincoteague, VA; Atlantic Ocean, Virginia Beach, VA; and Elizabeth River, Southern Branch, Norfolk, VA. The Coast Guard is amending the list of permanent safety zones at 33 CFR 165.506, established for fireworks displays, by adding 15 new locations and modifying 3 previously established locations within the geographic boundary of the Fifth Coast Guard District. This rule will increase the total number of permanent safety zones to 49 locations for fireworks displays within the boundary of the Fifth Coast Guard District. The 15 new safety zone locations to be added by this rule are: Patapsco River (Middle Branch), Baltimore, MD; Susquehanna River, Havre de Grace, MD; Tred Avon River, Oxford, MD; Delaware River, Essington, PA; Chesapeake Bay, Norfolk, VA; Broad Bay, Virginia Beach, VA; Chickahominy River, Williamsburg, VA; York River, Yorktown, VA; James River, Newport News, VA; Chesapeake Bay, Virginia Beach, VA; York River, West Point, VA; Big Foot Slough, Ocracoke, NC; Pasquotank River, Elizabeth City, NC; Currituck Sound, Corolla, NC; and Middle Sound, Figure Eight Island, NC. The previously established safety zone locations modified by this rule are: Potomac River, Charles County, MD; Dukeharts Channel, Potomac River, MD, and Chester River, Kent Island Narrows, MD. Each year organizations in the Fifth Coast Guard District sponsor fireworks displays in the same general location and time period. Each event uses a barge or an on-shore site as the fireworks launch platform. A safety zone is used to control vessel movement within a specified distance surrounding the launch platforms to ensure the safety of persons and property. Coast Guard personnel on scene may allow persons within the safety zone if conditions permit. The Coast Guard will publish notices in the **Federal Register** if an event sponsor reported a change to the listed event venue. Coast Guard Captains of the Port would give notice of the enforcement of each safety zone by all appropriate means to provide the widest publicity among the affected segments of the public. This would include publication in the Local Notice to Mariners and Marine Information Broadcasts. Marine information and facsimile broadcasts may also be made for these events, beginning 24 to 48 hours before the event is scheduled to begin, to notify the public. Fireworks barges or launch sites on land used in the locations stated in this rulemaking would also have a sign on the port and starboard side of the barge or mounted on a post 3 foot above ground level when on land and facing the water labeled “FIREWORKS—DANGER—STAY AWAY”. This would provide on scene notice that the safety zone is or will be enforced on that day. This notice will consist of a diamond-shaped sign 4 foot by 4 foot with a 3-inch orange retroreflective border. The word “DANGER” shall be 10-inch black block letters centered on the sign with the words “FIREWORKS” and “STAY AWAY” in 6-inch black block letters placed above and below the word “DANGER” respectively on a white background. There would also be a Coast Guard patrol vessel on scene 30 minutes before the display is scheduled to start until 30 minutes after its completion to enforce the safety zone. The enforcement period for these safety zones is from 5:30 p.m. (e.s.t.) to 1 a.m. (e.s.t.). However, vessels may enter, remain in, or transit through these safety zones during this timeframe if authorized by the Captain of the Port or designated Coast Guard patrol personnel on scene, as provided for in 33 CFR 165.23. This rule is intended to provide for the safety of life on navigable waters during the events. Discussion of Comments and Changes The Coast Guard did not receive comments in response to the Notice of proposed rulemaking
(NPRM)published in the **Federal Register** . Accordingly, the Coast Guard is establishing 49 permanent safety zones for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. Regulatory Evaluation This 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. This finding is based on the short amount of time that vessels would be restricted from the zones, and the small zone sizes positioned in low vessel traffic areas. Vessels would not be precluded from getting underway, or mooring at any piers or marinas currently located in the vicinity of the proposed safety zones. Advance notifications would also be made to the local maritime community by issuing Local Notice to Mariners. Marine information and facsimile broadcasts may also be made to notify the public. Additionally, the Coast Guard anticipates that these safety zones will only be enforced 2 to 3 times per year. 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 would not have a significant economic impact on a substantial number of small entities. This rule will effect the following entities some of which may be small entities: The owners and operators of vessels intending to transit or anchor in the safety zones during the times these zones are enforced. These safety zones will not have a significant economic impact on a substantial number of small entities for the following reasons: The enforcement period will be short in duration and in many of the zones vessels can transit safely around the safety zones. Generally, blanket permission to enter, remain in, or transit through these safety zones will be given except during the period that the Coast Guard patrol vessel is present. Before the enforcement period, we will issue maritime advisories widely. 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. 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). Collection of Information This rule would 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 an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule would 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 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 (34)(g) and (35)(b) of the Instruction, from further environmental documentation. This rule fits the category selected from paragraph (34)(g), as it would establish 49 safety zones. A “Environmental Analysis Check List” and “Categorical Exclusion Determination” are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR Part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for Part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Revise § 165.506 to read as follows: § 165.506 Safety Zones; Fifth Coast Guard District Fireworks Displays.
(a)*Locations.* *(1) Patuxent River, Solomons Island, MD, Safety Zone.* All waters of Patuxent River within a 300 yard radius of the fireworks barge in an area bound by the following points: 38°19′42″ N, 076°28′02″ W; thence to 38°19′26″ N, 076°28′18″ W; thence to 38°18′48″ N, 076°27′42″ W; thence to 38°19′06″ N, 076°27′25″ W; (Datum NAD 1983), thence to the point of origin, located near Solomons Island, MD. *(2) Middle River, Baltimore County, MD, Safety Zone.* All waters of the Middle River within a 300 yard radius of the fireworks barge in approximate position 39°17′45″ N, 076°23′49″ W (Datum NAD 1983), approximately 300 yards east of Rockaway Beach, near Turkey Point. *(3) Northeast River, North East, MD, Safety Zone.* All waters of the Northeast River within a 300 yard radius of the fireworks barge in approximate position 39°35′26″ N, 075°57′00″ W (Datum NAD 1983), approximately 400 yards south of North East Community Park.
(4)*Upper Potomac River, Alexandria, VA, Safety Zone.* All waters of the Upper Potomac River within a 300 yard radius of the fireworks barge in approximate position 38°48′37″ N, 077°02′02″ W (Datum NAD 1983), located near the waterfront of Alexandria, Virginia. *(5) Potomac River, Prince William County, VA, Safety Zone.* All waters of the Potomac River within a 200 yard radius of the fireworks barge in approximate position 38°34′08″ N, 077°15′34″ W (Datum NAD 1983), located near Cherry Hill, Virginia. *(6) Potomac River, Charles County, MD, Safety Zone.* All waters of the Potomac River within a 300 yard radius of the fireworks barge in approximate position 38°20′36″ N, 077°14′09″ W (Datum NAD 1983), approximately 1400 yards north of the shoreline at Fairview Beach, Virginia. *(7) Baltimore Inner Harbor, Patapsco River, MD, Safety Zone.* All waters of the Patapsco River within a 150 yard radius of the fireworks barge in approximate position 39°16′55″ N, 076°36′17″ W (Datum NAD 1983), located at the entrance to Baltimore Inner Harbor, approximately 150 yards southwest of pier 6. *(8) Northwest Harbor (Western Section) Patapsco River, MD, Safety Zone.* All waters of the Patapsco River within a 250 yard radius of the fireworks barge in approximate position 39°16′37″ N, 076°35′54″ W (Datum NAD 1983), located near the western end of Northwest Harbor. *(9) Northwest Harbor (East Channel), Patapsco River, MD, Safety Zone.* All waters of the Patapsco River within a 300 yard radius of the fireworks barge in approximate position 39°15′55″ N, 076°34′35″ W (Datum NAD 1983), located adjacent to the East Channel of Northwest Harbor. *(10) Patapsco River (Middle Branch), Baltimore, MD, Safety Zone.* All waters of the Patapsco River, Middle Branch, within an area bound by a line drawn from the following points: 39°15′22″ N, 076°36′36″ W; thence to 39°15′10″ N, 076°36′00″ W; thence to 39°15′40″ N, 076°35′23″ W; thence to 39°15′49″ N, 076°35′47″ W; thence to the point of origin, (Datum NAD 1983), located approximately 600 yards east of Hanover Street (SR-2) Bridge. *(11) Washington Channel, Upper Potomac River, Washington, DC, Safety Zone.* All waters of the Upper Potomac River within a 150 yard radius of the fireworks barge in approximate position 38°52′09″ N, 077°01′13″ W (Datum NAD 1983), located within the Washington Channel in Washington Harbor, DC. *(12) Dukeharts Channel, Potomac River, MD, Safety Zone.* All waters of the Potomac River within a 300 yard radius of the fireworks barge in approximate position 38°13′48″ N, 076°44′37″ W (Datum NAD 1983), located adjacent to Dukeharts Channel near Coltons Point, Maryland. *(13) Severn River and Spa Creek, Annapolis, MD, Safety Zone.* All waters of the Severn River and Spa Creek within an area bounded by a line drawn from 38°58′39.6″ N, 076°28′49″ W; thence to 38°58′41″ N, 076°28′14″ W; thence to 38°59′01″ N, 076°28′37″ W; thence to 38°58′57″ N, 076°28′40″ W (Datum NAD 1983), located near the entrance to Spa Creek in Annapolis, Maryland. *(14) Miles River, St. Michaels, MD, Safety Zone.* All waters of the Miles River within a 200 yard radius of the fireworks barge in approximate position 38°47′42″ N, 076°12′23″ W (Datum NAD 1983), located near the waterfront of St. Michaels, Maryland. *(15) Susquehanna River, Havre de Grace, MD, Safety Zone.* All waters of the Susquehanna River within a 150 yard radius of the fireworks barge in approximate position 39°32′42″ N, 076°04′30″ W (Datum NAD 1983), approximately 800 yards east of the waterfront at Havre de Grace, MD. *(16) Chesapeake Bay, Chesapeake Beach, MD, Safety Zone.* All waters of the Chesapeake Bay within a 150 yard radius of the fireworks barge in approximate position 38°41′33″ N, 076°31′48″ W (Datum NAD 1983), located near Chesapeake Beach, Maryland. *(17) Tred Avon River, Oxford, MD, Safety Zone.* All waters of the Tred Avon River within a 150 yard radius of the fireworks barge in approximate position 38°41′48″ N, 076°10′38″ W (Datum NAD 1983), approximately 500 yards northwest of the waterfront at Oxford, MD. *(18) Choptank River, Cambridge, MD, Safety Zone.* All waters of the Choptank River within a 300 yard radius of the fireworks launch site at Great Marsh Point, located at 38°35′06″ N, 076°04′46″ W (Datum NAD 1983). *(19) Chester River, Kent Island Narrows, MD, Safety Zone.* All waters of the Chester River, within an area bound by a line drawn from the following points: 38°58′50″ N, 076°15′00″ W; thence north to 38°59′00″ N, 076°15′00″ W; thence east to 38°59′00″ N, 076°14′46″ W; thence southeast to 38°58′50″ N, 076°14′28″ W; thence southwest to 38°58′37″ N, 076°14′36″ W, thence northwest to 38°58′42″ N, 076°14′55″ W, thence to the point of origin, (Datum NAD 1983), located approximately 900 yards north of Kent Island Narrows (US-50/301) Bridge. *(20) Atlantic Ocean, Ocean City, MD, Safety Zone.* All waters of the Atlantic Ocean in an area bound by the following points: 38°19′39.9″ N, 075°05′03.2″ W; thence to 38°19′36.7″ N, 075°04′53.5″ W; thence to 38°19′45.6″ N, 075°04′49.3″ W; thence to 38°19′49.1″ N, 075°05′00.5″ W; (Datum NAD 1983), thence to point of origin. The size of the proposed zone extends approximately 300 yards offshore from the fireworks launch area located at the High Water mark on the beach. *(21) Isle of Wight Bay, Ocean City, MD, Safety Zone.* All waters of Isle of Wight Bay within a 350 yard radius of the fireworks barge in approximate position 38°22′32″ N, 075°04′30″ W (Datum NAD 1983). *(22) Assawoman Bay, Fenwick Island—Ocean City, MD, Safety Zone.* All waters of Assawoman Bay within a 360 yard radius of the fireworks launch location on the pier at the West end of Northside Park, in approximate position 38°25′57.6″ N, 075°03′55.8″ W (Datum NAD 1983). *(23) Atlantic Ocean, Rehoboth Beach, DE, Safety Zone.* All waters of the Atlantic Ocean within a 360 yard radius of the fireworks barge in approximate position 38°43′01.2″ N, 075°04′21″ W (Datum NAD 1983), approximately 400 yards east of Rehoboth Beach, DE. *(24) Indian River Bay, DE, Safety Zone.* All waters of the Indian River Bay within a 360 yard radius of the fireworks launch location on the pier in approximate position 38°36′42″ N, 075°08′18″ W (Datum NAD 1983), about 700 yards east of Pots Net Point, DE. *(25) Little Egg Harbor, Parker Island, NJ, Safety Zone.* All waters of Little Egg Harbor within a 500 yard radius of the fireworks barge in approximate position 39°34′18″ N, 074°14′43″ W (Datum NAD 1983), approximately 100 yards north of Parkers Island. *(26) Barnegat Bay, Ocean Township, NJ, Safety Zone.* All waters of Barnegat Bay within a 500 yard radius of the fireworks barge in approximate position 39°47′33″ N, 074°10′46″ W (Datum NAD 1983). *(27) Delaware Bay, North Cape May, NJ, Safety Zone.* All waters of the Delaware Bay within a 500 yard radius of the fireworks barge in approximate position 38°58′00″ N, 074°58′30″ W (Datum NAD 1983). *(28) Delaware River, Essington, PA, Safety Zone.* All waters of the Delaware River within a 300 yard radius of the fireworks barge in approximate position 39°51′18″ N, 075°18′57″ W (Datum NAD 1983), due west of Little Tinicum Island. *(29) Delaware River, Philadelphia, PA, Safety Zone.* All waters of Delaware River, adjacent to Penns Landing, Philadelphia, PA, bounded from shoreline to shoreline, bounded on the south by a line running east to west from points along the shoreline at 39°56′31.2″ N, 075°08′28.1″ W; thence to 39°56′29.1″ N, 075°07′56.5″ W, and bounded on the north by the Benjamin Franklin Bridge (Datum NAD 1983). *(30) Chesapeake Bay, Norfolk, VA, Safety Zone.* All waters of the Chesapeake Bay within a 400 yard radius of the fireworks display located in position 36°57′21″ N, 076°15′00″ W; (Datum NAD 1983), located near Ocean View Fishing Pier. *(31) Broad Bay, Virginia Beach, VA, Safety Zone.* All waters of the Broad Bay within a 400 yard radius of the fireworks display in approximate position 36°52′08″ N, 076°00′46″ W (Datum NAD 1983), located on the shoreline near the Cavalier Golf and Yacht Club, Virginia Beach, Virginia. *(32) Chickahominy River, Williamsburg, VA, Safety Zone.* All waters of the Chickahominy River within a 400 yard radius of the fireworks display in approximate position 37°14′50″ N, 076°52′17″ W (Datum NAD 1983), near Barrets Point, Virginia. *(33) York River, Yorktown, VA, Safety Zone.* All waters of the York River within a 400 yard radius of the fireworks display in approximate position 37°14′14″ N, 076°30′02″ W (Datum NAD 1983), located near Yorktown, Virginia. *(34) James River, Newport News, VA, Safety Zone.* All waters of the James River within a 325 yard radius of the fireworks barge in approximate position 36°58′30″ N, 076°26′19″ W (Datum NAD 1983), located in the vicinity of the Newport News Shipyard, Newport News, Virginia. *(35) Chesapeake Bay, Virginia Beach, VA, Safety Zone.* All waters of the Chesapeake Bay 400 yard radius of the fireworks display in approximate position 36°55′02″ N, 076°03′27″ W (Datum NAD 1983), located at the First Landing State Park at Virginia Beach, Virginia. *(36) York River, West Point, VA, Safety Zone.* All waters of the York River near West Point, VA within a 400 yard radius of the fireworks display located in approximate position 37-31′-25″ N/076-47′-19″ W (Datum NAD 1983). *(37) Chincoteague Channel, Chincoteague, VA, Safety Zone.* All waters of the Chincoteague Channel within a 360 yard radius of the fireworks launch location at the Chincoteague carnival waterfront in approximate position 37°55′40.3″ N, 075°23′10.7″ W (Datum NAD 1983), approximately 900 yards southwest of Chincoteague Swing Bridge. *(38) Atlantic Ocean, Virginia Beach, VA, Safety Zone.* All waters of the Atlantic Ocean enclosed within a 360 yard radius of the center located on the beach at approximate position 36°51′34.8″ N, 075°58′30″ W (Datum NAD 1983). *(39) Elizabeth River, Southern Branch, Norfolk, VA, Safety Zone.* All waters of the Elizabeth River Southern Branch in an area bound by the following points: 36°50′54.8″; N, 076°18′10.7″ W; thence to 36°51′7.9″ N, 076°18′01″ W; thence to 36°50′45.6″ N, 076°17′44.2″ W; thence to 36°50′29.6″ N, 076°17′23.2″ W; thence to 36°50′7.7″ N, 076°17′32.3″ W; thence to 36°49′58″ N, 076°17′28.6″ W; thence to 36°49′52.6″ N, 076°17′43.8″ W; thence to 36°50′27.2″ N, 076°17′45.3″ W thence to the point of origin (Datum NAD 1983). *(40) Morehead City Harbor Channel, NC, Safety Zone.* All waters of the Morehead City Harbor Channel that fall within a 360 yard radius of latitude 34°43′01″ N, 076°42′59.6″ W, a position located at the west end of Sugar Loaf Island, NC. *(41) Cape Fear River, Wilmington, NC, Safety Zone.* All waters of the Cape Fear River within an area bound by a line drawn from the following points: 34°14′12″ N, 077°57′07.2″ W; thence to 34°14′12″ N, 077°57′06″ W; thence to 34°13′54″ N, 077°57′00″ W; thence to 34°13′54″ N, 077°57′06″ W; thence to the point of origin (Datum NAD 1983), located 500 yards north of Cape Fear Memorial Bridge. *(42) Cape Fear River, Southport, NC, Safety Zone.* All waters of the Cape Fear River within a 600 yard radius of the fireworks barge in approximate position 33°54′40″ N, 078°01′18″ W (Datum NAD 1983), approximately 700 yards south of the waterfront at Southport, NC. *(43) Big Foot Slough, Ocracoke, NC, Safety Zone.* All waters of Big Foot Slough within a 300 yard radius of the fireworks launch site in approximate position 35°06′54″ N, 075°59′24″ W (Datum NAD 1983), approximately 100 yards west of the Silver Lake Entrance Channel at Orcacoke, NC. *(44) Green Creek and Smith Creek, Oriental, NC, Safety Zone.* All waters of Green Creek and Smith Creek that fall within a 300 yard radius of the fireworks launch site at 35°01′29.6″ N, 076°42′10.4″ W (Datum NAD 1983), located near the entrance to the Neuse River in the vicinity of Oriental, NC. *(45) Pasquotank River, Elizabeth City, NC, Safety Zone.* All waters of the Pasquotank River within a 300 yard radius of the fireworks launch site in approximate position 36°18′00″ N, 076°13′00″ W (Datum NAD 1983), approximately 200 yards south of the east end of the Elizabeth City Bascule Bridges. *(46) Currituck Sound, Corolla, NC, Safety Zone.* All waters of the Croatan Sound within a 300 yard radius of the fireworks barge in approximate position 36°22′48″ N, 075°51′15″ W (Datum NAD 1983). *(47) Middle Sound, Figure Eight Island, NC, Safety Zone.* All waters of the Figure Eight Island Causeway Channel from latitude 34°16′32″ N, 077°45′32″ W, thence east along the marsh to a position located at 34°16′19″ N, 077°44′55″ W, thence south to the causeway at position 34°16′16″ N, 077°44′58″ W, thence west along the shoreline to position 34°16′29″ N, 077°45′34″ W, (Datum NAD 1983), thence back to the point of origin. *(48) Pamlico River, Washington, NC, Safety Zone.* All waters of the Pamlico River that fall within a 300 yard radius of the fireworks launch site at 35°32′19″ N, 077°03′20.5″ W (Datum NAD 1983), located 500 yards north of Washington railroad trestle bridge. *(49) Neuse River, New Bern, NC, Safety Zone.* All waters of the Neuse River within a 360 yard radius of the fireworks barge in approximate position 35°06′07.1″ N, 077°01′35.8″ W (Datum NAD 1983); located 420 yards north of the New Bern, Twin Span, high rise bridge.
(b)Notification.
(1)Fireworks barges and launch sites on land in paragraph
(a)of this section will have a sign on the port and starboard side of the barge or mounted on a post 3 foot above ground level when on land and facing the water labeled “FIREWORKS—DANGER—STAY AWAY”. This will provide on scene notice that the safety zone will be enforced on that day. This notice will consist of a diamond shaped sign 4 foot by 4 foot with a 3-inch orange retro reflective border. The word “DANGER” shall be 10 inch black block letters centered on the sign with the words “FIREWORKS” and “STAY AWAY” in 6 inch black block letters placed above and below the word “DANGER” respectively on a white background.
(2)Coast Guard Captains of the Port in the Fifth Coast Guard District will notify the public of the enforcement of these safety zones by all appropriate means to effect the widest publicity among the affected segments of the public. Publication in the local notice to mariners, marine information broadcasts, and facsimile broadcasts may be made for these events, beginning 24 to 48 hours before the event is scheduled to begin, to notify the public.
(c)*Enforcement Period.* The safety zones in paragraph
(a)of this section will be enforced from 5:30 p.m. to 1 a.m. each day a barge with a “FIREWORKS—DANGER—STAY AWAY” sign on the port and starboard side is on-scene or a “FIREWORKS—DANGER—STAY AWAY” sign is posted on land, in a location listed in paragraph
(a)of this section. Vessels may not enter, remain in, or transit through the safety zones during these enforcement periods unless authorized by the Captain of the Port or designated Coast Guard patrol personnel on scene.
(d)*Regulations.*
(1)The general regulations contained in 33 CFR 165.23 apply.
(2)All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene-patrol personnel. Those personnel are compromised of commissioned, warrant, and petty officers of the Coast Guard. Other Federal, State and local agencies may assist these personnel in the enforcement of the safety zone. Upon being hailed by the U.S. Coast Guard vessel by siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed.
(e)*Definitions.* *Captain of the Port* means any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port to act on his or her behalf. *State or local law enforcement officers* mean any State or local government law enforcement officer who has the authority to enforce State criminal laws. Dated: February 14, 2007. Larry L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E7-3637 Filed 3-1-07; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2006-0921; FRL-8282-9] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendments to VOC and NO X Emission Control Areas and VOC Control Regulations AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is approving State Implementation Plan
(SIP)revisions submitted by the Commonwealth of Virginia. These revisions amend existing volatile organic compound
(VOC)and nitrogen oxide (NO <sup>X</sup> ) emissions control areas, and amend certain VOC and NO <sup>X</sup> regulations in order to manage the extension of applicability of these provisions to the amended VOC and NO <sup>X</sup> emission control areas. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA). EFFECTIVE DATE: This final rule is effective on April 2, 2007. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2006-0921. All documents in the docket are listed in the *http://www.regulations.gov* Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information
(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through *http://www.regulations.gov* or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: Ellen Wentworth,
(215)814-2034, or by e-mail at *wentworth.ellen@epa.gov* . SUPPLEMENTARY INFORMATION: I. Background On December 26, 2006 (71 FR 77353), EPA published a notice of proposed rulemaking
(NPR)for the Commonwealth of Virginia. The NPR proposed approval of amendments to 9 VAC 5 Chapter 20, Volatile Organic Compound and Nitrogen Oxides Emissions Control Areas, (9 VAC 5-20-206), and also proposed approval of amendments to 9 VAC 5 Chapter 40, Articles 4, Emission Standards for General Process Operations; Article 36, Emission Standards for Flexographic, Packaging Rotogravure, and Publication Rotogravure Printing Lines; Article 37, Emission Standards for Petroleum Liquid Storage and Transfer Operations; and Article 53, Emission Standards for Lithographic Printing Processes. The formal SIP revisions were submitted by the Commonwealth of Virginia on September 12, 2006, and October 2, 2006. II. Summary of SIP Revisions The September 12, 2006 formal SIP revision consists of amendments to 9 VAC 5-20-206 of Chapter 20, Volatile Organic Compound and Nitrogen Oxides Emission Control Areas. Specifically, this revision creates a new VOC and NO <sup>X</sup> emissions control area (the Fredericksburg Area), consisting of Spotsylvania County and Fredericksburg City, and expands the existing Richmond VOC and NO <sup>X</sup> Emissions Control Areas to include Prince George County and Petersburg City. In addition this revision expands the existing Hampton Roads VOC and NO <sup>X</sup> Emissions Control Areas to include Gloucester and Isle of Wight Counties. These amendments are necessary to implement VOC control and contingency measures within the 8-hour ozone nonattainment areas and 1-hour ozone maintenance areas. The October 2, 2006 formal SIP revision consists of amendments to 9 VAC 5 Chapter 40 that implement non-CTG and CTG VOC RACT control requirements within those areas that are designated as VOC emissions control areas. While most of the Chapter 40 rules apply to sources of VOCs in VOC emissions control areas designated in Chapter 20, 9 VAC 5-206, certain Chapter 40 rules (specifically Articles 4, 36, 37, and 53) have provisions mandating that these regulations apply only to certain VOC and NO <sup>X</sup> emission control areas. Article 4, Emission Standards for General Process Operations is being amended to ensure that VOC RACT is not required from large VOC sources in the new areas within the expanded Richmond VOC Emissions Control Areas; Article 36, Packaging and Publishing Rotogravure Printing, and Flexographic Printing, is being amended to add appropriate exemptions for small facilities in those VOC emissions control areas that currently have no such exemptions; and Article 37, Storage or Transfer of Petroleum Liquids, is also being amended to ensure that Stage II Vapor Recovery is not required at gasoline dispensing stations in the new areas within the expanded Richmond VOC Emissions Control Area. Lastly, Article 53, Lithographic Printing, is being amended to apply in all VOC emissions control areas instead of just in the Northern Virginia and Richmond VOC Emissions Control Areas, and is also being amended to provide appropriate exemptions for small facilities in the newly applicable VOC emissions control areas. In this rulemaking, EPA is also recodifying the lithographic printing rule (9 VAC 5-40-7800-7940, inclusive) as Article 53 and Rule 4-53. Other specific requirements and the rationale for EPA's proposed action are explained in the NPR and will not be restated here. No public comments were received on the NPR. III. General Information Pertaining to SIP Submittals From the Commonwealth of Virginia In 1995, Virginia adopted legislation that provides, subject to certain conditions, for an environmental assessment (audit) “privilege” for voluntary compliance evaluations performed by a regulated entity. The legislation further addresses the relative burden of proof for parties either asserting the privilege or seeking disclosure of documents for which the privilege is claimed. Virginia's legislation also provides, subject to certain conditions, for a penalty waiver for violations of environmental laws when a regulated entity discovers such violations pursuant to a voluntary compliance evaluation and voluntarily discloses such violations to the Commonwealth and takes prompt and appropriate measures to remedy the violations. Virginia's Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-1198, provides a privilege that protects from disclosure documents and information about the content of those documents that are the product of a voluntary environmental assessment. The Privilege Law does not extend to documents or information
(1)that are generated or developed before the commencement of a voluntary environmental assessment;
(2)that are prepared independently of the assessment process;
(3)that demonstrate a clear, imminent and substantial danger to the public health or environment; or
(4)that are required by law. On January 12, 1998, the Commonwealth of Virginia Office of the Attorney General provided a legal opinion that states that the Privilege law,Va. Code Sec. 10.1-1198, precludes granting a privilege to documents and information “required by law,” including documents and information “required by Federal law to maintain program delegation, authorization or approval,” since Virginia must “enforce Federally authorized environmental programs in a manner that is no less stringent than their Federal counterparts * * * .” The opinion concludes that “[r]egarding § 10.1-1198, therefore, documents or other information needed for civil or criminal enforcement under one of these programs could not be privileged because such documents and information are essential to pursuing enforcement in a manner required by Federal law to maintain program delegation, authorization or approval.” Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that “[t]o the extent consistent with requirements imposed by Federal law,” any person making a voluntary disclosure of information to a state agency regarding a violation of an environmental statute, regulation, permit, or administrative order is granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion states that the quoted language renders this statute inapplicable to enforcement of any Federally authorized programs, since “no immunity could be afforded from administrative, civil, or criminal penalties because granting such immunity would not be consistent with Federal law, which is one of the criteria for immunity.” Therefore, EPA has determined that Virginia's Privilege and Immunity statutes will not preclude the Commonwealth from enforcing its program consistent with the Federal requirements. In any event, because EPA has also determined that a state audit privilege and immunity law can affect only state enforcement and cannot have any impact on Federal enforcement authorities, EPA may at any time invoke its authority under the Clean Air Act, including, for example, sections 113, 167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen enforcement under section 304 of the Clean Air Act is likewise unaffected by this, or any, state audit privilege or immunity law. IV. Final Action EPA is approving Virginia SIP revisions submitted on September 12, and October 2, 2006, amending the VOC and NO <sup>X</sup> emission control areas found in Chapter 20, and amending certain provisions found in Chapter 40 which implement non-CTG and CTG VOC RACT control requirements within certain areas designated as VOC emissions control areas. V. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will 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, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . This rule is not a “major rule” as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 1, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action, pertaining to amendments to Chapter 20 and Chapter 40 of Virginia's regulations, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: February 21, 2007. Donald S. Welsh, Regional Administrator, Region III. 40 CFR Part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for 40 CFR part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart VV—Virginia 2. In § 52.2420, the table in paragraph
(c)is amended by: a. Revising the entries for 5-20-206, 5-40-300, 5-40-5060, and 5-40-5200. b. For Chapter 40, Part II, removing the entry for Article 45 and replacing it with an entry for Article 53. § 52.2420 Identification of plan.
(c)* * * EPA-Approved Virginia Regulations and Statutes State citation (9 VAC 5) Title/subject State effective date EPA approval date Explanation [former SIP citation] * * * * * * * Chapter 20—General Provisions * * * * * * * Part II—Air Quality Programs * * * * * * * 5-20-206 Volatile organic compound and nitrogen oxides emissions control areas 10/04/06 3/2/07 [Insert page number where the document begins] Addition of new Fredericksburg area and expansion of Richmond and Hampton Roads emission control areas * * * * * * * Chapter 40—Existing Stationary Sources * * * * * * * Part II—Emission Standards * * * * * * * Article 4—Emission Standards for General Process Operations (Rule 4-4) * * * * * * * 5-40-300 Standard for volatile organic compounds 10/04/06 3/2/07 [Insert page number where the document begins * * * * * * * Article 36—Flexographic, Packaging Rotogravure, and Publication Rotogravure Printing Lines (Rule 4-36) 5-40-5060 Applicability and designation of affected facility 04/01/96 10/04/06 3/2/07 [Insert page number where the document begins * * * * * * * Article 37—Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4-37) 5-40-5200 Applicability and designation of affected facility 04/01/96 10/04/06 3/2/07 [Insert page number where the document begins * * * * * * * Article 53—Emission Standards for Lithographic Printing Processes (Rule 4-53) [Formerly Article 45] 5-40-7800 Applicability and designation of affected facility 10/04/06 3/2/07 [Insert page number where the document begins Revised to include and exempt certain emission control areas. 5-40-7810 Definitions of “alcohol,” “Cleaning solution,” “fountain solution,” “lithographic printing,” “printing process” 04/01/96 10/04/06 3/2/07 Insert page number where the document begins 5-40-7820 Standard for Volatile Organic Compounds 04/01/96 10/04/06 3/2/07 Insert page number where the document begins 5-40-7840 Standard for Visible Emissions 04/01/96 10/04/06 3/2/07 [Insert page number where the document begins 5-40-7850 Standard for Fugitive Dust Emissions 04/01/96 10/04/06 3/2/07 [Insert page number where the document begins 5-40-7880 Compliance 10/04/06 3/2/07 [Insert page number where the document begins Revisions to compliance dates. 5-40-7890 Test Methods and Procedures 04/01/96 10/04/06 3/2/07 [Insert page number where the document begins 5-40-7900 Monitoring 04/01/96 10/04/06 3/2/07 [Insert page number where the document begins 5-40-7910 Notification, Records and Reporting 04/01/96 10/04/06 3/2/07 [Insert page number where the document begins 5-40-7920 Registration 04/01/96 10/04/06 3/2/07 [Insert page number where the document begins 5-40-7930 Facility and Control Equipment Maintenance and Malfunction 04/01/96 10/04/06 3/2/07 [Insert page number where the document begins 5-40-7940 Permits 04/01/96 10/04/06 3/2/07 [Insert page number where the document begins * * * * * * * [FR Doc. E7-3586 Filed 3-1-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 48 CFR Chapter 44 [Docket ID FEMA-2006-0033] RIN 1660-AA46 Federal Emergency Management Agency
(FEMA)Acquisition Regulation System; Removal of Chapter 44 AGENCY: Federal Emergency Management Agency, DHS. ACTION: Direct final rule. SUMMARY: This direct final rule removes the Federal Emergency Management Agency Acquisition Regulation in its entirety. This removal is a result of the establishment of the Department of Homeland Security and its subsequent Homeland Security Acquisition Regulation supplement to the Federal Acquisition Regulation. DATES: This rule is effective May 1, 2007, unless adverse comment is received by April 2, 2007. If adverse comment is received, FEMA will publish a timely withdrawal of the rule in the **Federal Register** . ADDRESSES: You may submit comments, identified by Docket ID FEMA-2006-0033, by one of the following methods: *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. *E-mail: FEMA-RULES@dhs.gov.* Include Docket ID FEMA-2006-0033 in the subject line of the message. *Fax:* 866-466-5370. *Mail/Hand Delivery/Courier:* Rules Docket Clerk, Office of Chief Counsel, Federal Emergency Management Agency, Room 835, 500 C Street, SW., Washington, DC 20472. *Instructions:* All Submissions received must include the agency name and Docket ID. Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at *http://www.regulations.gov,* and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to read the Privacy Act notice that is available on the Privacy and Use Notice link on the Administration Navigation Bar of www.regulations.gov. *Docket:* For access to the docket to read background documents or comments received, go to the Federal eRulemaking Portal at *http://www.regulations.gov.* Submitted comments may also be inspected at FEMA. FOR FURTHER INFORMATION CONTACT: Joyce M. Ard, Federal Emergency Management Agency, 500 C Street, SW., Patriot Plaza Room 201, Washington, DC 20472, (phone) 202-646-3213, (facsimile) 202-646-2928, or (e-mail) *joyce.ard@dhs.gov.* SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA)is issuing this action as a direct final rule without prior proprosal because FEMA believes that this action is not controversial and will not result in any adverse comments. This direct final rule removes the FEMA Acquisition Regulation (FEMAAR) at 48 CFR Chapter 44 in its entirety. (FEMAAR was published in 50 FR 31316, Aug. 1, 1985, and amended at 55 FR 28206, July 10, 1990). The specific language and subsequent clauses are removed as a result of the transfer of FEMA to the Department of Homeland Security
(DHS)on March 1, 2003. The Homeland Security Acquisition Regulation (HSAR), 48 CFR Chapter 30, issued in 68 FR 67867, Dec. 4, 2003 and amended as a final rule in 71 FR 25759, May 2, 2006, 71 FR 48800, Aug. 22, 2006 and in 72 FR 1296, Jan. 11, 2007 established a uniform department-wide acquisition regulation for DHS and for purposes of 48 CFR Chapter 30 listed all entities for which the chapter applied to include FEMA. FEMA believes it is important to make this action effective as soon as possible not only to remove inapplicable regulatory text, but to be consistent with DHS uniform department-wide acquisition regulations. For these reasons, FEMA believes that it is appropriate to issue this rule as a direct final rule. This rule conforms with the good cause exemption under section 553(b)(B) of the Administrative Procedure Act (5 U.S.C. 553(b)(B)), because notice and comment is unnecessary. As stated above, this rulemaking simply completes an administrative task by removing inapplicable and inconsistent regulatory text. However, if FEMA receives a significant adverse comment within 30 days of publication of this direct final rule, FEMA will publish a timely notice of withdrawal in the **Federal Register** . If FEMA receives no significant adverse comment, before the effective date, FEMA will publish a document in the **Federal Register** stating that no adverse comment was received and confirming that this rule will be effective as scheduled. Regulatory Flexibility Act The Regulatory Flexibility Act
(RFA)mandates that an agency conduct a RFA analysis when an agency is “required by section 553 * * * to publish general notice of proposed rulemaking for any proposed rule.” 5 U.S.C. 603(a). Accordingly, RFA analysis is not required when a rule is exempt from notice and comment rulemaking under 5 U.S.C. 553(b). Here, FEMA is issuing this action as a direct final rule without prior proposal because FEMA believes that this action is not controversial and will not result in any adverse comments. Moreover, as stated previously, good cause exists under 5 U.S.C. 553(b)(B) to exempt this rule from the notice and comment requirements of 5 U.S.C. 553(b). Therefore no RFA analysis under 5 U.S.C. 603 is required for this rule. Executive Order 12866—Regulatory Planning and Review Under Executive Order 12866, 58 FR 51735, Oct. 4, 1993, a “significant regulatory action” is subject to Office of Management and Budget
(OMB)review and the requirements of Executive Order 12866. Section 3(f) of the Executive Order defines “significant regulatory action” as one that is likely to result in a rule that may:
(1)Have an annual effect on the economy of $100 million or more, or may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities;
(2)Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;
(3)Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or
(4)Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. Sections 503(1), 701(a)(2), 1511(d)(2) of the Homeland Security Act, 6 U.S.C. 313(1), 341(a)(2), 551(d)(2), established FEMA as a component within DHS. As a DHS component FEMA adheres to the HSAR, 48 CFR 3001.105-2(a) and 3001.301(a)(1). This direct final rule removes the FEMAAR as a result of the establishment of FEMA as a DHS component. Therefore, this rulemaking is not considered to be an economically significant regulatory action under section 3(f) of Executive Order 12866. This rule adheres to the principles of regulation as set forth in the Executive Order. Executive Order 13132, Federalism This direct final rule will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. It will not preempt any State laws. In accordance with section 6 of Executive Order 13132, FEMA determines that this rule will not have federalism implications sufficient to warrant the preparation of a federalism impact statement. National Environmental Policy Act This direct final rule falls within the exclusion category of 44 CFR 10.8(d)(2)(ii), which addresses the preparation, revision, and adoption of regulations, directives, manuals, and other guidance documents related to actions that qualify for categorical exclusions. Because no other extraordinary circumstances have been identified, this direct final rule will not require the preparation of either an environmental assessment or an environmental impact statement as defined by the National Environmental Policy Act. Paperwork Reduction Act of 1995 This direct final rule will not revise information collection requirements currently approved under the Paperwork Reduction Act of 1995. Under the Paperwork Reduction Act, a person may not be penalized for failing to comply with an information collection that does not display a currently valid OMB control number. FEMA has determined that because the direct final rule would not involve information collection, there is no need to address the Paperwork Reduction Act in the promulgation of the rule. Executive Order 12988 This direct final rule meets the applicable standards of Executive Order 12988. List of Subjects in 48 CFR Chapter 44 Government procurement. Accordingly, under the authority of sections 503(1), 701(a)(2), 1511(d)(2) of the Homeland Security Act, 6 U.S.C. 313(1), 341(a)(2), 551(d)(2), FEMA amends 48 CFR by removing chapter 44. Dated: February 22, 2007. R. David Paulison, Director, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7-3650 Filed 3-1-07; 8:45 am] BILLING CODE 9110-49-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 [Docket No. 030221039-7043-42; I.D. 022707B] Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule. SUMMARY: The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 2,201 nm 2 (7,549 km 2 ), east of Portsmouth, New Hampshire, for 15 days. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales). DATES: Effective beginning at 0001 hours March 4, 2007, through 2400 hours March 18, 2007. ADDRESSES: Copies of the proposed and final Dynamic Area Management
(DAM)rules, Environmental Assessments (EAs), Atlantic Large Whale Take Reduction Team (ALWTRT) meeting summaries, and progress reports on implementation of the ALWTRP may also be obtained by writing Diane Borggaard, NMFS/Northeast Region, One Blackburn Drive, Gloucester, MA 01930. FOR FURTHER INFORMATION CONTACT: Diane Borggaard, NMFS/Northeast Region, 978-281-9300 x6503; or Kristy Long, NMFS, Office of Protected Resources, 301-713-2322. SUPPLEMENTARY INFORMATION: Electronic Access Several of the background documents for the ALWTRP and the take reduction planning process can be downloaded from the ALWTRP web site at *http://www.nero.noaa.gov/whaletrp/* . Background The ALWTRP was developed pursuant to section 118 of the Marine Mammal Protection Act
(MMPA)to reduce the incidental mortality and serious injury of three endangered species of whales (right, fin, and humpback) due to incidental interaction with commercial fishing activities. In addition, the measures identified in the ALWTRP would provide conservation benefits to a fourth species (minke), which are neither listed as endangered nor threatened under the Endangered Species Act (ESA). The ALWTRP, implemented through regulations codified at 50 CFR 229.32, relies on a combination of fishing gear modifications and time/area closures to reduce the risk of whales becoming entangled in commercial fishing gear (and potentially suffering serious injury or mortality as a result). On January 9, 2002, NMFS published the final rule to implement the ALWTRP's DAM program (67 FR 1133). On August 26, 2003, NMFS amended the regulations by publishing a final rule, which specifically identified gear modifications that may be allowed in a DAM zone (68 FR 51195). The DAM program provides specific authority for NMFS to restrict temporarily on an expedited basis the use of lobster trap/pot and anchored gillnet fishing gear in areas north of 40° N. lat. to protect right whales. Under the DAM program, NMFS may:
(1)require the removal of all lobster trap/pot and anchored gillnet fishing gear for a 15-day period;
(2)allow lobster trap/pot and anchored gillnet fishing within a DAM zone with gear modifications determined by NMFS to sufficiently reduce the risk of entanglement; and/or
(3)issue an alert to fishermen requesting the voluntary removal of all lobster trap/pot and anchored gillnet gear for a 15-day period and asking fishermen not to set any additional gear in the DAM zone during the 15-day period. A DAM zone is triggered when NMFS receives a reliable report from a qualified individual of three or more right whales sighted within an area (75 nm 2 (139 km 2 )) such that right whale density is equal to or greater than 0.04 right whales per nm 2 (1.85 km 2 ). A qualified individual is an individual ascertained by NMFS to be reasonably able, through training or experience, to identify a right whale. Such individuals include, but are not limited to, NMFS staff, U.S. Coast Guard and Navy personnel trained in whale identification, scientific research survey personnel, whale watch operators and naturalists, and mariners trained in whale species identification through disentanglement training or some other training program deemed adequate by NMFS. A reliable report would be a credible right whale sighting. On February 21, 2007, an aerial survey reported a sighting of nine right whales in the proximity 42° 57′ N. lat. and 70° 04′ W. long. This position lies east of Portsmouth, NH. After conducting an investigation, NMFS ascertained that the report came from a qualified individual and determined that the report was reliable. Thus, NMFS has received a reliable report from a qualified individual of the requisite right whale density to trigger the DAM provisions of the ALWTRP. Once a DAM zone is triggered, NMFS determines whether to impose restrictions on fishing and/or fishing gear in the zone. This determination is based on the following factors, including but not limited to: the location of the DAM zone with respect to other fishery closure areas, weather conditions as they relate to the safety of human life at sea, the type and amount of gear already present in the area, and a review of recent right whale entanglement and mortality data. NMFS has reviewed the factors and management options noted above relative to the DAM under consideration. As a result of this review, NMFS prohibits lobster trap/pot and anchored gillnet gear in this area during the 15-day restricted period unless it is modified in the manner described in this temporary rule. The DAM Zone is bound by the following coordinates: 43° 19′ N., 70° 38′ W. (NW Corner) 43° 19′ N., 69° 35′ W. 42° 31′ N., 69° 35′ W. 42° 31′ N., 70° 38′ W. 42° 37′ N., 70° 38′ W. and follow the coastline north to 42° 39′ N., 70° 38′ W. 43° 09′ N., 70° 38′ W. and follow the coastline north to 43° 19′ N., 70° 38′ W. (NW Corner) In addition to those gear modifications currently implemented under the ALWTRP at 50 CFR 229.32, the following gear modifications are required in the DAM zone. If the requirements and exceptions for gear modification in the DAM zone, as described below, differ from other ALWTRP requirements for any overlapping areas and times, then the more restrictive requirements will apply in the DAM zone. Special note for gillnet fisherman: A portion of this DAM zone overlaps the year-round Western Gulf of Maine Closure Area for Northeast Multispecies found at 50 CFR 648.81(e). Due to this closure, sink gillnet gear is prohibited from this portion of the DAM zone. Lobster Trap/Pot Gear Fishermen utilizing lobster trap/pot gear within the portion of the Northern Inshore State Lobster Waters, Northern Nearshore Lobster Waters and Stellwagen Bank/Jeffreys Ledge that overlap with the DAM zone are required to utilize all of the following gear modifications while the DAM zone is in effect: 1. Groundlines must be made of either sinking or neutrally buoyant line. Floating groundlines are prohibited; 2. All buoy lines must be made of either sinking or neutrally buoyant line, except the bottom portion of the line, which may be a section of floating line not to exceed one-third the overall length of the buoy line; 3. Fishermen are allowed to use two buoy lines per trawl; and 4. A weak link with a maximum breaking strength of 600 lb (272.4 kg) must be placed at all buoys. Fishermen utilizing lobster trap/pot gear within the portion of the Offshore Lobster Waters Area that overlap with the DAM zone are required to utilize all of the following gear modifications while the DAM zone is in effect: 1. Groundlines must be made of either sinking or neutrally buoyant line. Floating groundlines are prohibited; 2. All buoy lines must be made of either sinking or neutrally buoyant line, except the bottom portion of the line, which may be a section of floating line not to exceed one-third the overall length of the buoy line; 3. Fishermen are allowed to use two buoy lines per trawl; and 4. A weak link with a maximum breaking strength of 1,500 lb (680.4 kg) must be placed at all buoys. Anchored Gillnet Gear Fishermen utilizing anchored gillnet gear within the portions of the Other Northeast Gillnet Waters Area and Stellwagen Bank/Jeffreys Ledge Restricted Area that overlap with the DAM zone are required to utilize all the following gear modifications while the DAM zone is in effect: 1. Groundlines must be made of either sinking or neutrally buoyant line. Floating groundlines are prohibited; 2. All buoy lines must be made of either sinking or neutrally buoyant line, except the bottom portion of the line, which may be a section of floating line not to exceed one-third the overall length of the buoy line; 3. Fishermen are allowed to use two buoy lines per string; 4. Each net panel must have a total of five weak links with a maximum breaking strength of 1,100 lb (498.8 kg). Net panels are typically 50 fathoms (91.4 m) in length, but the weak link requirements would apply to all variations in panel size. These weak links must include three floatline weak links. The placement of the weak links on the floatline must be: one at the center of the net panel and one each as close as possible to each of the bridle ends of the net panel. The remaining two weak links must be placed in the center of each of the up and down lines at the panel ends; 5. A weak link with a maximum breaking strength of 1,100 lb (498.8 kg) must be placed at all buoys; and 6. All anchored gillnets, regardless of the number of net panels, must be securely anchored with the holding power of at least a 22 lb (10.0 kg) Danforth-style anchor at each end of the net string. The restrictions will be in effect beginning at 0001 hours March 4, 2007, through 2400 hours March 18, 2007, unless terminated sooner or extended by NMFS through another notification in the **Federal Register** . The restrictions will be announced to state officials, fishermen, ALWTRT members, and other interested parties through e-mail, phone contact, NOAA website, and other appropriate media immediately upon issuance of the rule by the AA. Classification In accordance with section 118(f)(9) of the MMPA, the Assistant Administrator
(AA)for Fisheries has determined that this action is necessary to implement a take reduction plan to protect North Atlantic right whales. Environmental Assessments for the DAM program were prepared on December 28, 2001, and August 6, 2003. This action falls within the scope of the analyses of these EAs, which are available from the agency upon request. NMFS provided prior notice and an opportunity for public comment on the regulations establishing the criteria and procedures for implementing a DAM zone. Providing prior notice and opportunity for comment on this action, pursuant to those regulations, would be impracticable because it would prevent NMFS from executing its functions to protect and reduce serious injury and mortality of endangered right whales. The regulations establishing the DAM program are designed to enable the agency to help protect unexpected concentrations of right whales. In order to meet the goals of the DAM program, the agency needs to be able to create a DAM zone and implement restrictions on fishing gear as soon as possible once the criteria are triggered and NMFS determines that a DAM restricted zone is appropriate. If NMFS were to provide prior notice and an opportunity for public comment upon the creation of a DAM restricted zone, the aggregated right whales would be vulnerable to entanglement which could result in serious injury and mortality. Additionally, the right whales would most likely move on to another location before NMFS could implement the restrictions designed to protect them, thereby rendering the action obsolete. Therefore, pursuant to 5 U.S.C. 553(b)(B), the AA finds that good cause exists to waive prior notice and an opportunity to comment on this action to implement a DAM restricted zone to reduce the risk of entanglement of endangered right whales in commercial lobster trap/pot and anchored gillnet gear as such procedures would be impracticable. For the same reasons, the AA finds that, under 5 U.S.C. 553(d)(3), good cause exists to waive the 30-day delay in effective date. If NMFS were to delay for 30 days the effective date of this action, the aggregated right whales would be vulnerable to entanglement, which could cause serious injury and mortality. Additionally, right whales would likely move to another location between the time NMFS approved the action creating the DAM restricted zone and the time it went into effect, thereby rendering the action obsolete and ineffective. Nevertheless, NMFS recognizes the need for fishermen to have time to either modify or remove (if not in compliance with the required restrictions) their gear from a DAM zone once one is approved. Thus, NMFS makes this action effective 2 days after the date of publication of this document in the **Federal Register** . NMFS will also endeavor to provide notice of this action to fishermen through other means upon issuance of the rule by the AA, thereby providing approximately 3 additional days of notice while the Office of the Federal Register processes the document for publication. NMFS determined that the regulations establishing the DAM program and actions such as this one taken pursuant to those regulations are consistent to the maximum extent practicable with the enforceable policies of the approved coastal management program of the U.S. Atlantic coastal states. This determination was submitted for review by the responsible state agencies under section 307 of the Coastal Zone Management Act. Following state review of the regulations creating the DAM program, no state disagreed with NMFS' conclusion that the DAM program is consistent to the maximum extent practicable with the enforceable policies of the approved coastal management program for that state. The DAM program under which NMFS is taking this action contains policies with federalism implications warranting preparation of a federalism assessment under Executive Order 13132. Accordingly, in October 2001 and March 2003, the Assistant Secretary for Intergovernmental and Legislative Affairs, Department of Commerce, provided notice of the DAM program and its amendments to the appropriate elected officials in states to be affected by actions taken pursuant to the DAM program. Federalism issues raised by state officials were addressed in the final rules implementing the DAM program. A copy of the federalism Summary Impact Statement for the final rules is available upon request ( ADDRESSES ). The rule implementing the DAM program has been determined to be not significant under Executive Order 12866. Authority: 16 U.S.C. 1361 *et seq.* and 50 CFR 229.32(g)(3) Dated: February 26, 2007. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 07-952 Filed 2-27-07; 2:41 pm]
Connectionstraces to 32
Traces to 32 documents
U.S. Code
22 references not yet in our index
  • 15 CFR 744
  • Pub. L. 106-387
  • Pub. L. 107-56
  • 16 CFR 0
  • 33 CFR 117
  • 5 USC 601-612
  • Pub. L. 104-121
  • 44 USC 3501-3520
  • 2 USC 1531-1538
  • 42 USC 4321-4370f
  • Pub. L. 102-587
  • 106 Stat. 5039
  • 33 CFR 165
  • Pub. L. 107-295
  • 40 CFR 52
  • Pub. L. 104-4
  • 48 CFR 3001.105-2(a)
  • 44 CFR 10.8(d)(2)(ii)
  • 50 CFR 229
  • 50 CFR 229.32
  • 50 CFR 648.81(e)
  • 50 CFR 229.32(g)(3)
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Final rule
C.F.R.§ 744.3
Fed. Reg.Notices
Fed. Reg.Notices
U.S.C.§ 3501
Fed. Reg.Proposed Rules
U.S.C.§ 553
U.S.C.§ 601
U.S.C.§ 1701
U.S.C.§ 3201
Cite15 CFR 744
Pub. L.Pub. L. 106-387
Pub. L.Pub. L. 107-56
Cites 54 · showing 12Cited by 0 across 0 sources
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