Unknown. Final special conditions; request for comments
34,677 words·~158 min read·
/register/2007/04/27/07-2047·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-2007-04-27.xml --- 72 81 Friday, April 27, 2007 Contents Agricultural Agricultural Research Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 20983-20984 E7-8089 Agriculture Agriculture Department See Agricultural Research Service See Animal and Plant Health Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 20983 E7-8088 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 21052 E7-8087 Animal Animal and Plant Health Inspection Service NOTICES Environmental statements; availability, etc.:
State oral rabies vaccination programs, 20984-20986 E7-8091 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 21021-21023 E7-8073 E7-8075 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 21023 E7-8074 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 21023-21025 E7-7954 E7-7955 Meetings:
Medicare— Practicing Physicians Advisory Council, 21025-21027 E7-7382 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: San Francisco Bay, CA, 20943-20945 E7-7946 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 21070-21072 E7-8110 E7-8115 E7-8127 Defense Defense Department PROPOSED RULES Personnel, military and civilian:
Indebtedness of military personnel; correction, 20965 E7-8064 NOTICES Meetings; Sunshine Act, 20997-20998 07-2093 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 20998-21000 E7-8046 E7-8047 E7-8080 E7-8081 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 21000-21001 07-2105 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.:
Workforce Investment Act— National Farmworker Jobs Program, 21053-21054 E7-8108 National Farmworker Jobs Program; correction, 21053 E7-8107 Energy Energy Department NOTICES Meetings: Biological and Environmental Research Advisory Committee, 21001 E7-8078 Environmental Management Site-Specific Advisory Board— Northern New Mexico, 21002-21003 E7-8079 Paducah, KY, 21001-21002 E7-8070 EPA Environmental Protection Agency RULES Air pollution control; new motor vehicles and engines:
Compression-ignition marine engines at or above 30 liters per cylinder; emissions control; deadline change, 20948-20952 E7-8105 Air quality implementation plans; approval and promulgation; various States: Ohio, 20945-20948 E7-7895 PROPOSED RULES Air pollution control; new motor vehicles and engines: Compression-ignition marine engines at or above 30 liters per cylinder; emissions control; deadline change, 20977-20980 E7-8103 Air programs; approval and promulgation; State plans for designated facilities and pollutants:
Kentucky, 20966-20977 E7-8114 Air quality implementation plans; approval and promulgation; various States: Ohio, 20965 E7-7897 NOTICES Agency information collection activities; proposals, submissions, and approvals, 21003-21004 E7-8098 Environmental statements; availability, etc.: Agency comment availability, 21004-21005 E7-8099 Agency weekly receipts, 21005-21006 E7-8106 Hazardous waste: Hazardous Waste Export Data System; confidential business information, 21006-21008 E7-8120 Meetings:
Detection and Quantitation Approaches and Uses in Clean Water Act Programs Advisory Committee, 21008-21010 E7-8101 Pesticide programs: Risk assessments— Dichlorprop-p, 21010-21012 E7-8109 FAA Federal Aviation Administration RULES Airworthiness standards: Special conditions— Dassault Falcon Fan Jet, Fan Jet Series D, Series E, Series F, Mystere-Falcon 20-C5, 20-D5, 20-E5, 20-F5, and Mystere-Falcon 200 airplanes, 20933-20935 E7-8112 PROPOSED RULES Airworthiness directives: SICMA Aero Seat, 20963-20965 07-2047 NOTICES Meetings:
RTCA, Inc., 21064-21065 07-2079 07-2080 Passenger facility charges; applications, etc.: New Orleans Aviation Board, et al., 21065-21067 07-2078 O’Hare International Airport, IL., 21067-21068 07-2077 FCC Federal Communications Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 21012-21013 E7-8193 Meetings: 2006 Quadrennial Broadcast Media Ownership Review, 21013 E7-8192 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:
Change in bank control; correction, 21013 E7-8044 Formations, acquisitions, and mergers, 21013-21014 E7-8045 E7-8068 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 21014-21017 07-2073 Fish Fish and Wildlife Service NOTICES Environmental statements; record of decision: Kodiak National Wildlife Refuge, AK; comprehensive conservation plan, 21037 E7-8076 Food Food and Drug Administration RULES Administrative rulings and decisions:
Ozone-depleting substances; essential-use designations; removal, 20942 E7-8043 Animal drugs, feeds, and related products: Diclazuril; oral dosage, 20942-20943 E7-8041 NOTICES Agency information collection activities; proposals, submissions, and approvals, 21027-21030 E7-8038 Food for human consumption: Identity standards deviation; market testing permits— Canada Ice Enterprises, Inc.; iceberg water, 21031 E7-8040 Peter Pan Seafoods, Inc.; canned Pacific salmon, 21030-21031 E7-8039 Meetings:
Medical Device User Fee and Modernization Act of 2002; correction, 21031-21032 07-2085 Reports and guidance documents; availability, etc.: Type C medicated feed assay methods method transfer studies; conduct protocols, 21032-21033 E7-8042 GSA General Services Administration NOTICES Environmental statements; availability, etc.: Lakewood, CO; Denver Federal Center; master site plan, 21017 E7-8152 Environmental statements; record of decision: Madawaska, ME; border station facility construction, 21017-21019 E7-8065 Meetings:
Small Business Advisory Committee, 21019-21020 E7-8066 Geological Geological Survey NOTICES Agency information collection activities; proposals, submissions, and approvals, 21037-21039 07-2070 07-2071 07-2082 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 21020-21021 E7-8049 E7-8050 Homeland Homeland Security Department See Coast Guard See U.S.
Citizenship and Immigration Services NOTICES Meetings: Data Privacy and Integrity Advisory Committee, 21033 E7-8059 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 21034-21037 E7-7812 Indian Indian Affairs Bureau NOTICES Liquor and tobacco sale or distribution ordinance: Kiowa Indian Tribe, OK, 21039-21045 E7-8092 Information Information Security Oversight Office NOTICES Meetings:
National Industrial Security Program Policy Advisory Committee, 21055 E7-8062 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See National Park Service IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 21072-21073 E7-8036 E7-8037 E7-8126 Meetings: Taxpayer Advocacy Panels, 21073-21074 E7-8034 E7-8035 International International Trade Administration NOTICES Antidumping:
Activated carbon from— China, 20988-20990 E7-8122 Non-malleable cast iron pipe fittings from— China, 20990-20994 E7-8121 Polyethylene retail carrier bags from— China, 20994 E7-8130 Antidumping and countervailing duties: Administrative review requests, 20986-20987 E7-8129 International International Trade Commission NOTICES Import investigations: 3G wideband code division multiple access handsets and components, 21049 E7-8052 Baseband processor chips and chipsets, transmitter and receiver chips, power control chips and products containing same including cellular telephone handsets, 21050 E7-8051 Rechargeable lithium-ion batteries, components, and products containing same, 21050-21051 E7-8053 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 21051-21052 E7-8086 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 21052-21053 07-2076 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Closure of public lands:
Idaho, 21045-21046 E7-8118 Environmental statements; availability, etc.: Eastside Township Fuels and Vegetation Project, ID, 21046-21047 E7-8100 Survey plat filings: Nebraska, 21047 E7-8048 National Archives National Archives and Records Administration See Information Security Oversight Office National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 21068-21069 E7-8072 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Alaska; fisheries of Exclusive Economic Zone— Northern rockfish, Pacific Ocean perch, and pelagic shelf rockfish, 20960-20961 E7-8123 Northeastern United States fisheries— Monkfish, 20952-20960 E7-8117 PROPOSED RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Vermilion snapper, 20980-20982 E7-8116 NOTICES Marine mammal permit applications, determinations, etc., 20994-20995 E7-8119 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 21047-21048 07-2088 07-2089 National Park System:
Sand Creek Massacre National Historic Site, CO; establishment, 21048-21049 E7-8057 National Science National Science Foundation NOTICES Meetings: Computer and Information Science and Engineering Advisory Committee, 21055 E7-8058 National Telecommunications National Telecommunications and Information Administration NOTICES Grants and cooperative agreements; availability, etc.: Pan-Pacific Education and Communications Experiments by Satellite Program, 20995-20997 E7-8113 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitions:
Gregoire, Christine O., 20962-20963 E7-8094 NOTICES *Applications, hearings, determinations, etc.:* AmerGen Energy Co., LLC, 21055-21057 E7-8096 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 21054-21055 07-2081 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 21057 E7-8082 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 21057-21058 E7-8083 Self-regulatory organizations; proposed rule changes:
American Stock Exchange LLC, 21058-21059 E7-8084 Chicago Board Options Exchange, Inc., 21059-21060 E7-8056 NASDAQ Stock Market, LLC, 21060-21062 E7-8055 New York Stock Exchange LLC, 21062 E7-8097 Options Clearing Corp., 21062-21064 E7-8054 Social Social Security Administration RULES Organization and procedures: Official records and information; privacy and disclosure, 20935-20942 E7-7940 State State Department NOTICES Meetings: Historical Diplomatic Documentation Advisory Committee, 21064 E7-8111 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:
Union Pacific Railroad Co., 21069-21070 E7-8069 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 21033-21034 E7-8067 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 81 Friday April 27, 2007 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NM377; Special Conditions No. 25-353-SC] Special Conditions: Dassault Falcon Fan Jet, Fan Jet Series D, Series E, Series F, Mystere-Falcon 20-C5, 20-D5, 20-E5, 20-F5, and Mystere-Falcon 200 Airplanes;
High-Intensity Radiated Fields
(HIRF)AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. SUMMARY: These special conditions are issued for Dassault Falcon Fan Jet, Fan Jet Series D, Series E, Series F, Mystere-Falcon 20-C5, 20-D5, 20-E5, 20-F5, and Mystere-Falcon 200 airplanes modified by 3S Certification, LLC. These modified airplanes will have novel or unusual design features when compared with the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification installs Thommen AD 30 Repeater Altimeters and a Skylight ADC 600 Air Data Converter Unit. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for protecting these systems from effects of high-intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: The effective date for these special conditions is April 20, 2007. We must receive your comments by June 11, 2007. ADDRESSES: You may mail or deliver comments on these special conditions in duplicate to: Federal Aviation Administration, Transport Airplane Directorate, Attention: Rules Docket (ANM-113), Docket No. NM377, 1601 Lind Avenue, SW., Renton, Washington 98057-3356. You must mark your comments Docket No. NM377. You may inspect comments in the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m. FOR FURTHER INFORMATION CONTACT: Greg Dunn, FAA, Airplane and Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-2799; facsimile
(425)227-1320. SUPPLEMENTARY INFORMATION: Comments Invited The FAA has determined that notice and opportunity for prior public comment for these special conditions is impracticable, because these procedures would significantly delay certification and delivery of the affected aircraft. In addition, the substance of these special conditions has been subject to the public comment process in several prior instances with no substantive comments received. We therefore find that good cause exists for making these special conditions effective upon issuance. However, we invite interested persons to take part in this rulemaking by submitting written comments. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. We ask that you send us two copies of written comments. We will file in the docket all comments we receive as well as a report summarizing each substantive public contact with FAA personnel about these special conditions. You may inspect the docket before and after the comment closing date. If you wish to review the docket in person, go to the address in the ADDRESSES section of this preamble between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays. We will consider all comments we receive by the closing date for comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change these special conditions based on the comments we receive. If you want the FAA to acknowledge receipt of your comments on these special conditions, include with your comments a pre-addressed, stamped postcard on which the docket number appears. We will stamp the date on the postcard and mail it back to you. Background On December 21, 2006, 3S Certification, LLC of Nixa, MO, applied to the Wichita Aircraft Certification Office for a Supplemental Type Certificate to modify Dassault Falcon Fan Jet, Fan Jet Series D, Series E, Series F, Mystere-Falcon 20-C5, 20-D5, 20-E5, 20-F5, and Mystere-Falcon 200 airplanes approved under Type Certificate No. A7EU. These are transport category airplanes powered by two turbojet engines with maximum takeoff weights of up to 18,000 pounds. The airplanes operate with a 2-pilot crew and can seat up to 8 passengers. The proposed modification installs Thommen AD 30 Repeater Altimeters and a Skylight ADC 600 Air Data Converter Unit. These systems have a potential to be vulnerable to HIRF external to the airplane. Type Certification Basis Under provisions of 14 CFR 21.101, 3S Certification, LLC must show that the Dassault Falcon Fan Jet, Fan Jet Series D, Series E, Series F, Mystere-Falcon 20-C5, 20-D5, 20-E5, 20-F5, and Mystere-Falcon 200 airplanes, as changed, continue to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. A7EU or the applicable regulations in effect on the date of application for the change. The regulations incorporated by reference in the type certificate are commonly referred to as the “original type certification basis.” The type certification basis for the modified Dassault Falcon Fan Jet, Fan Jet Series D, Series E, and Series F airplanes includes the applicable paragraphs of CAR 4b, as amended by Amendments 4b-1 through 4b-12; Special Regulations SR-422B and 14 CFR part 25 as amended by provisions of Amendment 25-4 in lieu of CAR 4b.350(e) and (f). The type certification basis for the Dassault Mystere-Falcon 200 airplanes includes the applicable paragraphs of CAR 4b, as amended by Amendments 4b-1 through 4b-12; Special Regulations SR-422B and 14 CFR part 25 as amended by certain sections of Amendments 25-1 through 25-46; SFAR 27 as amended by Amendments 27-1 through 27-3; and 14 CFR part 36 as amended by Amendments 36-1 through 36-12. The type certification basis for the Dassault Mystere-Falcon 20-C5, 20-D5, 20-E5, and 20-F5 airplanes includes the applicable paragraphs of CAR 4b, as amended by Amendments 4b-1 through 4b-12; Special Regulations SR-422B and 14 CFR part 25 as amended by certain sections in Amendments 25-1 through 25-56; § 25.904 and Appendix 1 as amended by Amendment 25-62; SFAR 27 as amended by Amendments 27-1 through 27-6; and 14 CFR part 36 as amended by Amendments 36-1 through 36-15. In addition, the type certification basis includes certain later amended sections of the applicable part 25 regulations that are not relevant to these special conditions. If the Administrator finds that the applicable airworthiness regulations (part 25, as amended) do not contain adequate or appropriate safety standards for the Dassault Falcon Fan Jet, Fan Jet Series D, Series E, Series F, Mystere-Falcon 20-C5, 20-D5, 20-E5, 20-F5, and Mystere-Falcon 200 airplanes because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. In addition to the applicable airworthiness regulations and special conditions, the Dassault Falcon Fan Jet, Fan Jet Series D, Series E, Series F, Mystere-Falcon 20-C5, 20-D5, 20-E5, 20-F5, and Mystere-Falcon 200 airplanes must comply with the fuel vent and exhaust emission requirements of 14 CFR part 34 and the noise certification requirements of 14 CFR part 36. The FAA issues special conditions, as defined in § 11.19, under § 11.38, and they become part of the type certification basis under the provisions of § 21.101. Special conditions are initially applicable to the model for which they are issued. Should 3S Certification, LLC apply later for a supplemental type certificate to modify any other model included on Type Certificate No. A7EU, as applicable, to incorporate the same or similar novel or unusual design feature, these special conditions would also apply to the other model under the provisions of § 21.101. Novel or Unusual Design Features As noted earlier, the Dassault Falcon Fan Jet, Fan Jet Series D, Series E, Series F, Mystere-Falcon 20-C5, 20-D5, 20-E5, 20-F5, and Mystere-Falcon 200 airplanes modified by 3S Certification, LLC will incorporate repeater altimeters and an air data converter unit, that will perform critical functions. These systems may be vulnerable to HIRF external to the airplane. Current airworthiness standards of part 25 do not contain adequate or appropriate safety standards for protecting this equipment from adverse effects of HIRF. Therefore, these systems are considered to be novel or unusual design features. Discussion There is no specific regulation that addresses protection for electrical and electronic systems from HIRF. Increased power levels from radio frequency transmitters and the growing use of sensitive avionics/electronics and electrical systems to command and control airplanes have made it necessary to provide adequate protection. To ensure that a level of safety is achieved equivalent to that intended by the regulations incorporated by reference, special conditions are needed for the Dassault Falcon Fan Jet, Fan Jet Series D, Series E, Series F, Mystere-Falcon 20-C5, 20-D5, 20-E5, 20-F5, and Mystere-Falcon 200 airplanes modified by 3S Certification, LLC. These special conditions require that new avionics/electronics and electrical systems that perform critical functions be designed and installed to preclude component damage and interruption of function because of HIRF. High-Intensity Radiated Fields
(HIRF)With the trend toward increased power levels from ground-based transmitters, and the advent of space and satellite communication coupled with electronic command and control of the airplane, the immunity of critical digital avionics/electronics and electrical systems to HIR must be established. It is not possible to precisely define the HIRF to which the airplane will be exposed in service. There is also uncertainly concerning the effectiveness of airframe shielding for HIRF. Furthermore, coupling of electromagnetic energy to cockpit-installed equipment through the cockpit window apertures is undefined. Based on surveys and an analysis of existing HIRF emitters, an adequate level of protection exists when compliance with the HIRF protection special condition is shown with either paragraph 1 *or* 2 below: 1. A minimum environment of 100 volts rms (root-mean-square) per meter electric field strength from 10 KHz to 18 GHz. a. System elements and their associated wiring harnesses must be exposed to the environment without benefit of airframe shielding. b. Demonstration of this level of protection is established through system tests and analysis. 2. An environment external to the airframe of the field strengths shown in the table below for the frequency ranges indicated. Immunity to both peak and average field strength components from the table must be demonstrated. Frequency Field strength (volts per meter) Peak Average 10 kHz-100 kHz 50 50 100 kHz-500 kHz 50 50 500 kHz-2 MHz 50 50 2 MHz-30 MHz 100 100 30 MHz-70 MHz 50 50 70 MHz-100 MHz 50 50 100 MHz-200 MHz 100 100 200 MHz-400 MHz 100 100 400 MHz-700 MHz 700 50 700 MHz-1 GHz 700 100 1 GHz-2 GHz 2000 200 2 GHz-4 GHz 3000 200 4 GHz-6 GHz 3000 200 6 GHz-8 GHz 1000 200 8 GHz-12 GHz 3000 300 12 GHz-18 GHz 2000 200 18 GHz-40 GHz 600 200 The field strengths are expressed in terms of peak of the root-mean-square
(rms)over the complete modulation period. The environment levels identified above are the result of an FAA review of existing studies on the subject of HIRF and of the work of the Electromagnetic Effects Harmonization Working Group of the Aviation Rulemaking Advisory Committee. Applicability These special conditions are applicable to Dassault Falcon Fan Jet, Fan Jet Series D, Series E, Series F, Mystere-Falcon 20-C5, 20-D5, 20-E5, 20-F5, and Mystere-Falcon 200 airplanes modified by 3S Certification, LLC. Should 3S Certification, LLC apply later for a supplemental type certificate to modify any other model included on Type Certificate No. A7EU to incorporate the same or similar novel or unusual design feature, these special conditions would apply to that model as well under provisions of § 21.101. Conclusion This action affects only certain novel or unusual design features on Dassault Falcon Fan Jet, Fan Jet Series D, Series E, Series F, Mystere-Falcon 20-C5, 20-D5, 20-E5, 20-F5, and Mystere-Falcon 200 airplanes modified by 3S Certification, LLC. It is not a rule of general applicability and affects only the applicant which applied to the FAA for approval of these design features on the airplane. The substance of the special conditions for these airplanes has been subjected to the notice and comment procedure in several prior instances and has been derived without substantive change from those previously issued. Because a delay would significantly affect the certification of the airplane, which is imminent, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions immediately. The FAA is requesting comments to allow interested people to submit views that may not have been submitted in response to the prior opportunities for comment. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the supplemental type certification basis for the Dassault Falcon Fan Jet, Fan Jet Series D, Series E, Series F, Mystere-Falcon 20-C5, 20-D5, 20-E5, 20-F5, and Mystere-Falcon 200 airplanes modified by 3S Certification, LLC. 1. *Protection From Unwanted Effects of High-Intensity Radiated Fields (HIRF).* Each electrical and electronic system that performs critical functions must be designed and installed to ensure that the operation and operational capability of these systems to perform critical functions are not adversely affected when the airplane is exposed to high-intensity radiated fields. 2. For the purpose of these special conditions, the following definition applies: *Critical Functions:* Functions whose failure would contribute to or cause a failure condition that would prevent continued safe flight and landing of the airplane. Issued in Renton, Washington, on April 20, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-8112 Filed 4-26-07; 8:45 am] BILLING CODE 4910-13-P SOCIAL SECURITY ADMINISTRATION 20 CFR Part 401 [Docket No. SSA 2006-0074] RIN 0960-AE88 Privacy and Disclosure of Official Records and Information AGENCY: Social Security Administration. ACTION: Final rules. SUMMARY: These final rules revise our privacy and disclosure rules to clarify certain provisions and to provide expanded regulatory support for new and existing responsibilities and functions. These changes in the regulations will increase Agency efficiency and ensure consistency in the implementation of the Social Security Administration's
(SSA)policies and responsibilities under the Privacy Act and the Social Security Act. DATES: These rules are effective *May 29, 2007.* FOR FURTHER INFORMATION CONTACT: Christine W. Johnson, Office of Public Disclosure, 3-A-6 Operations Building, 6401 Security Boulevard, Baltimore, MD 21235-6401,
(410)965-8563 or TTY
(410)965-5609. For information on eligibility or filing for benefits, call our national toll-free numbers, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet Web site, Social Security Online, at *http://www.socialsecurity.gov.* SUPPLEMENTARY INFORMATION: Electronic Version The electronic file of this document is available on the date of publication in the **Federal Register** at *http://www.gpoaccess.gov/FR/index.html.* Background We last revised the privacy and disclosure regulations in 1980 when the Social Security Administration
(SSA)was a part of the Department of Health and Human Services
(DHHS)(formerly the Department of Health, Education and Welfare) and subject to DHHS' disclosure policy oversight. Since 1980, significant changes have occurred in the procedures. We are codifying these changes in the procedures governing access to, and disclosure of, personally identifiable information. We are also making minor housekeeping changes to further clarify our procedures. In general, these final rules reflect SSA's compliance with technological, legal and legislative changes that have occurred since 1980. We are clarifying the provisions regarding requests for access to information developed by medical sources for Social Security programs, fully describing the existing responsibilities and functions of the Privacy Officer position, establishing the new senior agency official for privacy as required by the Office of Management and Budget
(OMB)and explaining the related responsibilities, and implementing SSA's new Privacy Impact Assessment process in accordance with the E-Government Act of 2002, Pub. L. 107-347. As required by OMB, we are requiring adequate safeguards against inappropriate disclosure of personal information by electronic means, e.g., over the Internet, and revising our procedures on notification of, or access to, medical records on behalf of another person, e.g., an adult or child. These final rules also clarify SSA policy concerning an individual's access to, or notification of, program records, amend the language concerning appeal requests under the Privacy Act to include denial of access to the record, and amend the language to insert the word “written” prior to “consent” to clarify that the requirement means disclosure with written consent and expands the language to more clearly define what information we will disclose with written consent. We are revising the language to show that SSA also has physical custody of personnel records, and revising the language under disclosure of personal information in nonprogram records to show the new name of the former General Accounting Office. These final rules amend the language under disclosure of personal information in program records to make clear that we disclose information from program records only when there is a legitimate need for the information, and revise the language under disclosures required by law to show the current name for Aid to Families with Dependent Children. We are amending the language under compatible purposes to clearly state how we implement the routine use provision of the Privacy Act (5 U.S.C. 552a(b)(3)) and what we mean by routine use in terms of the information we can disclose, and amending the language under law enforcement purposes to clarify that disclosures under 5 U.S.C. 552a(b)(7) also require a written request. We are amending the language under statistical and research activities to reflect the language in the new routine use of data for research purposes, amending the language in the General Accounting Office section to correctly reflect the new name of the agency, and clarifying certain matters related to our rules on disclosure under court order and other legal process. Comments on the Notice of Proposed Rulemaking We published the Notice of Proposed Rulemaking
(NPRM)in the **Federal Register** on September 13, 2006 (71 FR at 53994). The 60-day comment period ended on November 13, 2006. We received no public comments on the proposed rule. Accordingly, we are adopting the proposed rules as final rules. However, we made one substantive change to proposed § 401.180, which we discuss below in connection with the explanation of how these final rules change the current rules. We also made a few minor revisions to the text of the proposed rules for clarity. The changes are all non-substantive. Explanation of Changes Section 401.20 Scope We are amending the section heading in § 401.20(a) to read “Access” and amending paragraph
(a)to clarify the rules regarding the access provision as it pertains to information developed by medical sources that perform consultative examinations for us. We are amending the heading in § 401.20(b)(1)(iii) to read “Records kept by medical sources,” and amending the language in that paragraph. Section 401.30 Privacy Act and Other Responsibilities We are adding new paragraphs (d),
(e)and
(f)to § 401.30. Privacy Officer New paragraph § 401.30(d) fully describes the position of the SSA Privacy Officer and the responsibilities and functions of that position. SSA has always had a designated Privacy Officer since the enactment of the Privacy Act in 1974. Since that time, the Privacy Officer has overall responsibility for coordination of SSA privacy matters within the Agency. As such, the Privacy Officer advises the Agency on privacy policy matters and is responsible for developing and implementing privacy policies and related requirements, ensures compliance with the Privacy Act, and provides general oversight of privacy and disclosure policy involving privacy and disclosure matters. The Privacy Officer has other responsibilities including evaluating legislative proposals and other initiatives proposed by Congress, other agencies and the public, and reviewing multifunctional projects, studies and research activities involving personal information. The responsibilities also include facilitating the incorporation of privacy principles into information technology systems architectures and technical designs to ensure that privacy policies and practices are properly reflected in our business requirements. We are providing an explanation of the Privacy Officer's responsibilities to emphasize SSA's long-standing commitment to the public that personal information maintained in SSA's Privacy Act systems of records is handled in full compliance with the law. Senior Agency Official for Privacy To help protect the privacy rights of Americans and to ensure that agencies continue to have effective information privacy management programs in place to carry out this important responsibility, OMB requires that each agency designate a senior agency official to serve as the person in charge of privacy issues. The Senior Agency Official for Privacy will have overall responsibility and accountability for privacy issues at the national and agency-wide levels. The official will also have a central role in overseeing agency compliance efforts in privacy policy procedures as well as a key role in policy-making as it pertains to the development and evaluation of legislative, regulatory and other policy proposals that might implicate privacy issues. New paragraph § 401.30(e) establishes SSA's Senior Agency Official for Privacy and fully describe the responsibilities of that position as prescribed by OMB. (See OMB Memorandum M-08-05, dated February 11, 2005). Privacy Impact Assessments In accordance with Section 208 of the E-Government Act of 2002 (Pub. L. 107-347, 44 U.S.C. 3501 note), the Office of Management and Budget now requires that certain Information Technology
(IT)projects receive a special privacy review called a Privacy Impact Assessment (PIA). The PIA review is in addition to the current SSA requirement that SSA's Privacy Officer certify Agency procurement requests for automated data processing resources and proposed contracts. The PIA review will strengthen the existing process by incorporating privacy involvement directly into the development of the IT system lifecycle and establishing a process that the entire Agency can understand in terms of privacy involvement in IT system development efforts. New paragraph § 401.30(f) describes the PIA requirements for ensuring that privacy considerations receive a standardized review. We will determine if adequate measures have been taken to protect the privacy of the personally identifiable information the IT project will affect and if the requirements of the Privacy Act and applicable SSA regulations and policy are properly addressed. Section 401.45 Verifying Your Identity We are adding to § 401.45 new paragraphs (b)(3) and (b)(4) to emphasize that when SSA provides convenient service to you over open computer networks such as the Internet, we will adequately protect against improper disclosure of records. We are redesignating present paragraphs (b)(3), (b)(4) and (b)(5) as (b)(5), (b)(6) and (b)(7), respectively. We are also revising the language in redesignated (b)(5). Increasingly, computer technology enables us to transact business with you as a taxpayer, Social Security beneficiary, employer or third-party organization. We are moving cautiously to allow you to communicate with us securely over open networks such as the Internet. Such expanded services are dependent on our development of practices and mechanisms to ensure identity confirmation to protect you against improper disclosure of the personal information we maintain in our records, and to improve privacy protections. Section 401.55 Special Procedures for Notification of or Access to Medical Records We are revising the section heading to read “Access to medical records.” We are revising the procedures for access to medical records to conform to the practices and systems of records that set out special procedures under which individuals may have direct access to their medical records. Currently, when you request your medical records, § 401.55(b)(1)(ii) requires you to designate a representative to receive the records for you and gives the representative the discretion to inform you about the contents of your record. We are modifying the special procedures in that paragraph to require the representative to release your record to you after the discussion of its contents. The representative no longer has the discretion to withhold any part of your record. Section 401.55(c)(2)(iii) currently gives a designated representative (e.g., family physician or other health care professional) discretion about making the contents of a minor's medical record available to the parent or legal guardian. These final rules modify this provision to require the representative to release the minor's records to the parent or legal guardian following the discussion of its contents. Additionally, we are redesignating present paragraph
(d)concerning requests on behalf of incapacitated adults as paragraph (c)(3). Section 401.60 Access or Notification of Program Records About Two or More Individuals Currently, § 401.60 is entitled “Access or notification of program records about two or more individuals.” The first sentence in the section reads “When information about two or more individuals is in one record filed under your social security number, you may receive the information about you and the fact of entitlement and the amount of benefits payable to other persons based on your record.” We are amending § 401.60 by inserting the word “to” after the word “Access” in the heading and revising the language in both the heading and first sentence to read “about more than one individual.” Section 401.70 Appeals of Refusals To Correct or Amend Records Currently, § 401.70 is entitled “Appeals of refusals to correct or amend records.” We are amending the section heading to include appeals after denial of access. We are clarifying the policy in the section by revising the language in existing paragraphs (a),
(b)and (c). We are adding a new paragraph
(d)to clearly explain the process after you file your appeal. Section 401.100 Disclosure of Records With the Consent of the Subject of the Record We are amending the language in the section heading under § 401.100 to insert the word “written” before “consent.” We are revising the language in paragraph
(a)to clarify that the consent must be in writing and define what information we will disclose with written consent. To present the information in a more reader-friendly format, the second and third sentences of paragraph
(a)are designated as new paragraphs
(b)“Disclosure with written consent”, and
(c)“Disclosure of the entire record,” respectively. We are making conforming changes to existing paragraph
(b)and redesignating it as paragraph (d). Section 401.105 Disclosure of Personal Information Without the Consent of the Subject of the Record We are revising the second sentence of paragraph
(b)into two sentences to clarify that SSA also has physical custody of personnel records maintained as part of the Office of Personnel Management's
(OPM)Privacy Act government-wide systems of records and that these records are subject to OPM's rules on access and disclosure at 5 CFR parts 293 and 297. Section 401.110 Disclosure of Personal Information in Nonprogram Records Without the Consent of the Subject of the Record We are amending the language in § 401.110(j) to show the new name for the former General Accounting Office. Section 401.115 Disclosure of Personal Information in Program Records Without the Consent of the Subject of the Record We are amending the introductory language in § 401.115 to make clear that the information in program records will be disclosed only on a need-to-know basis. Section 401.120 Disclosure Required by Law Currently, the last sentence in § 401.120 reads “* * * and to Federal, State and local agencies administering Aid to Families with Dependent Children, Medicaid, unemployment compensation, food stamps, and other programs.” We are amending the language to reflect the current name of the AFDC program. The new name will read “* * * Temporary Assistance for Needy Families * * *” Section 401.150 Compatible Purposes We are amending § 401.150 to clearly state how we implement the routine use provision. More specifically, the language in paragraphs
(a)and
(b)is expanded to include what we mean by “routine use” in terms of the information we can disclose and how we give notice of routine use disclosures, respectively. We are amending paragraph
(c)by adding new paragraphs (c)(1) and (c)(2) to clearly show the distinctions between disclosure in SSA programs and programs similar to SSA programs, for compatibility purposes. Section 401.155 Law Enforcement Purposes We are amending § 401.155 to make clear that the Privacy Act requires a written request for information from the head of the law enforcement agency in situations involving both serious crimes and criminal activity involving Social Security programs or other programs with the same purpose. Section 401.165 Statistical and Research Activities We are amending § 401.165 to make it consistent with the recently published new routine use of data for research purposes. Section 401.175 General Accounting Office We are amending the section heading in § 401.175 to reflect a name change. The new heading will read “Government Accountability Office.” We are also revising the language in the paragraph to read “* * * to the Government Accountability Office when that agency needs the information to carry out its duties.” Section 401.180 Courts We are revising the entire section of § 401.180 to clarify our policy on disclosure when we receive an order from a court of competent jurisdiction. In 1980, when § 401.180 was initially published as a final rule, the status of subpoenas and other legal process under paragraph (b)(11) of the statute was unclear. Since then, SSA has not treated a subpoena or similar legal process as a court order unless a judge signs it. We believe that this position is now established as law as it is consistent with court decisions and OMB guidance interpreting the Privacy Act. See, e.g., *Doe* v. *DiGenova* , 779 F.2d 74 (D.C. Cir. 1985); *Stiles* v. *Atlanta Gas Light Co.* , 453 F.Supp. 798 (N.D. Ga. 1978). The Privacy Act (5 U.S.C. 552a(b)(11)) permits disclosure by an agency pursuant to the order of a court of competent jurisdiction. Under this provision, we consider only a Federal court of the United States to be a court of competent jurisdiction. However, the proposed rules provided that we may disclose information in compliance with a state court order if the disclosure was necessary to preserve the rights of an accused to due process in a criminal proceeding (71 FR at 54000). This provision of the proposed rules could have been misconstrued to be inconsistent with the Privacy Act and proposed (and final) § 401.180(d). Final § 401.180(d) states our view that, under the Privacy Act, the Federal Government has not waived its sovereign immunity, which would preclude state court jurisdiction over a Federal agency or official. Since a state court does not have jurisdiction over a Federal agency or official in the absence of a waiver of the Federal Government's sovereign immunity, we have deleted the exception for certain state court orders set out in proposed § 401.180(g). The final rules are consistent with our position that state court orders do not provide an independent basis for disclosure. Consequently, under the final rules, we may disclose information in response to a state court order only if another provision of this part permits disclosure (such as law enforcement or consent). If we find an independent basis for disclosure, we may honor the request for information sought in the state court order under the authority of the other provision. As a result, in these final rules, we revised the second sentence of proposed § 401.180(d) to state that “* * * state court orders will be treated in accordance with other provisions of this part.” We also amended the language as appropriate to make clear that, for purposes of this section, a court is a judicial branch of the Federal government. In a conforming change, we redesignated proposed § 401.180(h) as final § 401.180(g). In paragraph 401.180(a) we make clear that when information disclosed from SSA records is used in court proceedings, it usually becomes part of the public record of the proceedings and its confidentiality often cannot be protected. Accordingly, we will follow the rules in new paragraph
(d)of this section in deciding whether an order is from a court of competent jurisdiction. We are changing the heading in paragraph
(b)to read “Court” and amending the language in the paragraph to state SSA's position that a court, for purposes of 5 U.S.C. 552a(b)(11), is an institution of a judicial branch of the Federal government consisting of one or more judges who seek to adjudicate disputes and administer justice. The definition clarifies that other entities in other branches of the Federal government or not in the United States are not courts for purposes of the Privacy Act. We are adding a new paragraph
(c)to explain that only a legal process, such as a summons or warrant, that is signed by a judge and that commands the disclosure of information by SSA will be considered to be a court order for purposes of the statutory exception in 5 U.S.C. 552a(b)(11). References to subpoenas have been removed from this regulation. When we receive legal process that is not an order of a court of competent jurisdiction, (such as a grand jury subpoena, a subpoena signed by the clerk of the court or the attorney representing a party to the proceeding), we may decide to disclose information if the conditions described in any other provision of this regulation would permit the disclosure (for example, for a compatible purpose under § 401.150). However, we will not disclose without an order from a court of competent jurisdiction if the Privacy Act or any other law would prohibit the disclosure without such an order. We are adding a new paragraph
(d)to explain our view on court of competent jurisdiction. In new paragraph
(e)of this section we describe the conditions for disclosure under court order and clarify the rules on disclosure when a court order is involved. We are adding a new paragraph
(f)to explain that in other circumstances we may attempt to satisfy the needs of a court of competent jurisdiction when the circumstances in paragraph
(e)are not met. We will make these determinations in accordance with 401.140. We are removing existing paragraph
(g)and redesignating paragraph
(h)as paragraph (g). New paragraph
(g)provides a cross-reference to additional regulations contained in 20 CFR part 403 concerning testimony and production of records in legal proceedings. Regulatory Procedures Executive Order 12866 The Office of Management and Budget has reviewed these final rules in accordance with Executive Order 12866, as amended by Executive Order 13258. Regulatory Flexibility Act We certify that these final rules would not have a significant economic impact on a substantial number of small entities because they affect only individuals or entities acting on their behalf. Thus, a regulatory flexibility analysis as provided in the Regulatory Flexibility Act, as amended, is not required. Paperwork Reduction Act These final rules contain reporting requirements as shown in the table below. Where the public reporting burden is accounted for in Information Collection Requests for the various forms that the public uses to submit the information to SSA, a 1-hour placeholder burden is being assigned to the specific reporting requirement(s) contained in these rules. Section Annual number of responses Frequency of response Average burden per response (min.) Estimated annual burden (hours) 401.45(b) 20,000 1 10 3333 401.70(a)(b) 1 401.100(b) 1 Total 20,000 1 10 3335 An Information Collection Request has been submitted to OMB for clearance. To receive a copy of the OMB clearance package, you may call the SSA Reports Clearance Officer on 410-965-0454. (Catalog of Federal Domestic Assistance Program Nos. 96.001 Social Security—Disability Insurance; 96.002 Social Security—Retirement Insurance; 96.004 Social Security—Survivors Insurance; 96.006 Supplemental Security Income). List of Subjects in 20 CFR Part 401 Information, Records, Administrative practice and procedure, Archives and records. Dated: January 17, 2007. Jo Anne B. Barnhart, Commissioner of Social Security. Editorial Note: This document was received at the Office of the Federal Register on April 20, 2007. For the reasons set out in the preamble, we are amending subparts A, B and C of part 401 of chapter III of title 20 of the Code of Federal Regulations as set forth below: PART 401—PRIVACY AND DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION 1. The authority citation for part 401 continues to read as follows: Authority: Secs. 205, 702(a)(5), 1106, and 1141 of the Social Security Act (42 U.S.C. 405, 902(a)(5), 1306, and 1320b-11); 5 U.S.C. 552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; 30 U.S.C. 923. 2. Section 401.20 is amended by revising paragraphs
(a)and (b)(1)(iii) to read as follows: § 401.20 Scope.
(a)*Access.* Sections 401.30 through 401.95, which set out SSA's rules for implementing the Privacy Act, apply to records retrieved by an individual's name or personal identifier subject to the Privacy Act. The rules in §§ 401.30 through 401.95 also apply to information developed by medical sources for the Social Security program and shall not be accessed except as permitted by this part.
(b)* * *
(1)* * *
(iii)Information retained by medical sources pertaining to a consultative examination performed for the Social Security program shall not be disclosed except as permitted by this part. 3. Section 401.30 is amended by revising the heading and adding paragraphs (d),
(e)and
(f)to read as follows: § 401.30 Privacy Act and other responsibilities.
(d)*Privacy Officer.* The Privacy Officer is an advisor to the Agency on all privacy policy and disclosure matters. The Privacy Officer coordinates the development and implementation of Agency privacy policies and related legal requirements to ensure Privacy Act compliance, and monitors the coordination, collection, maintenance, use and disclosure of personal information. The Privacy Officer also ensures the integration of privacy principles into information technology systems architecture and technical designs, and generally provides to Agency officials policy guidance and directives in carrying out the privacy and disclosure policy.
(e)*Senior Agency Official for Privacy.* The Senior Agency Official for Privacy assumes overall responsibility and accountability for ensuring the agency's implementation of information privacy protections as well as agency compliance with federal laws, regulations, and policies relating to the privacy of information, such as the Privacy Act. The compliance efforts also include reviewing information privacy procedures to ensure that they are comprehensive and up-to-date and, where additional or revised procedures may be called for, working with the relevant agency offices in the consideration, adoption, and implementation of such procedures. The official also ensures that agency employees and contractors receive appropriate training and education programs regarding the information privacy laws, regulations, polices and procedures governing the agency's handling of personal information. In addition to the compliance role, the official has a central policy-making role in the agency's development and evaluation of legislative, regulatory and other policy proposals which might implicate information privacy issues, including those relating to the collection, use, sharing, and disclosure of personal information.
(f)*Privacy Impact Assessment.* In our comprehensive Privacy Impact Assessment
(PIA)review process, we incorporate the tenets of privacy law, SSA privacy regulations, and privacy policy directly into the development of certain Information Technology projects. Our review examines the risks and ramifications of collecting, maintaining and disseminating information in identifiable form in an electronic information system and identifies and evaluates protections and alternate processes to reduce the risk of unauthorized disclosures. As we accomplish the PIA review, we ask systems personnel and program personnel to resolve questions on data needs and data protection prior to the development of the electronic system. 4. Section 401.45 is amended by redesignating paragraphs (b)(3), (b)(4) and (b)(5) as (b)(5), (b)(6) and (b)(7), respectively, adding new paragraphs (b)(3) and (b)(4) and revising redesignated paragraph (b)(5) to read as follows: § 401.45 Verifying your identity.
(b)* * *
(3)*Electronic requests.* If you make a request by computer or other electronic means, e.g., over the Internet, we require you to verify your identity by using identity confirmation procedures that are commensurate with the sensitivity of the information that you are requesting. If we cannot confirm your identity using our identity confirmation procedures, we will not process the electronic request. When you cannot verify your identity through our procedures, we will require you to submit your request in writing.
(4)*Electronic disclosures.* When we collect or provide personally identifiable information over open networks such as the Internet, we use encryption in all of our automated online transaction systems to protect the confidentiality of the information. When we provide an online access option, such as a standard e-mail comment form on our Web site, and encryption is not being used, we alert you that personally identifiable information (such as your social security number) should not be included in your message.
(5)*Requests not made in person.* Except as provided in paragraphs (b)(2) of this section, if you do not make a request in person, you must submit a written request to SSA to verify your identify or you must certify in your request that you are the individual you claim to be. You must also sign a statement that you understand that the knowing and willful request for or acquisition of a record pertaining to an individual under false pretenses is a criminal offense. 5. Section 401.55 is amended by revising the heading and paragraphs (a), (b)(1)(ii), (c)(1) and (c)(2)(iii) and by redesignating paragraph
(d)as paragraph (c)(3) to read as follows: § 401.55 Access to medical records.
(a)*General.* You have a right to access your medical records, including any psychological information that we maintain.
(b)* * *
(1)* * *
(ii)When you request medical information about yourself, you must also name a representative in writing. The representative may be a physician, other health professional, or other responsible individual who will be willing to review the record and inform you of its contents. Following the discussion, you are entitled to your records. The representative does not have the discretion to withhold any part of your record. If you do not designate a representative, we may decline to release the requested information. In some cases, it may be possible to release medical information directly to you rather than to your representative.
(c)*Medical records of minors.*
(1)*Request by the minor.* You may request access to your own medical records in accordance with paragraph
(b)of this section.
(2)*Request on a minor's behalf.* * * *
(iii)Where a medical record on the minor exists, we will in all cases send it to the physician or health professional designated by the parent or guardian. The representative will review the record, discuss its contents with the parent or legal guardian, then release the entire record to the parent or legal guardian. The representative does not have the discretion to withhold any part of the minor's record. We will respond in the following similar manner to the parent or guardian making the request: “We have completed processing your request for notification of or access to _____'s (Name of minor) medical records. Please be informed that if any medical record was found pertaining to that individual, it has been sent to your designated physician or health professional.” 6. Section 401.60 is amended by revising the section heading and first sentence of the paragraph to read as follows: § 401.60 Access to or notification of program records about more than one individual. When information about more than one individual is in one record filed under your social security number, you may receive the information about you and the fact of entitlement and the amount of benefits payable to other persons based on your record. * * * 7. Section 401.70 is revised to read as follows: § 401.70 Appeals of refusals to correct records or refusals to allow access to records.
(a)*General.* This section describes how to appeal decisions made by SSA under the Privacy Act concerning your request for correction of or access to your records, those of your minor child, or those of a person for whom you are the legal guardian. We generally handle a denial of your request for information about another person under the provisions of the Freedom of Information Act (see part 402 of this chapter). To appeal a decision under this section, your request must be in writing.
(b)*Appeal of refusal to correct or amend records.* If we deny your request to correct an SSA record, you may request a review of that decision. As discussed in § 401.65(e), our letter denying your request will tell you to whom to write.
(1)We will review your request within 30 working days from the date of the receipt. However, for a good reason and with the approval of the Executive Director for the Office of Public Disclosure, this time limit may be extended up to an additional 30 days. In that case, we will notify you about the delay, the reason for it and the date when the review is expected to be completed.
(2)If, after review, we determine that the record should be corrected, we will do so. However, if we refuse to amend the record as you requested, we will inform you that—
(i)Your request has been refused and the reason for refusing;
(ii)The refusal is SSA's final decision; and
(iii)You have a right to seek court review of SSA's final decision.
(3)We will also inform you that you have a right to file a statement of disagreement with the decision. Your statement should include the reason you disagree. We will make your statement available to anyone to whom the record is subsequently disclosed, together with a statement of our reasons for refusing to amend the record. Also, we will provide a copy of your statement to individuals whom we are aware received the record previously.
(c)*Appeals after denial of access.* If, under the Privacy Act, we deny your request for access to your own record, those of your minor child or those of a person to whom you are the legal guardian, we will advise you in writing of the reason for that denial, the name and title or position of the person responsible for the decision and your right to appeal that decision. You may appeal the denial decision to the Executive Director for the Office of Public Disclosure, 6401 Security Boulevard, Baltimore, MD 21235-6401, within 30 days after you receive notice denying all or part of your request, or, if later, within 30 days after you receive materials sent to you in partial compliance with your request.
(d)*Filing your appeal.* If you file an appeal, the Executive Director or his or her designee will review your request and any supporting information submitted and then send you a notice explaining the decision on your appeal. The time limit for making our decision after we receive your appeal is 30 working days. The Executive Director or his or her designee may extend this time limit up to 30 additional working days if one of the circumstances in 20 CFR 402.140 is met. We will notify you in writing of any extension, the reason for the extension and the date by which we will decide your appeal. The notice of the decision on your appeal will explain your right to have the matter reviewed in a Federal district court if you disagree with all or part of our decision. 8. Section 401.100 is revised to read as follows: § 401.100 Disclosure of records with the written consent of the subject of the record.
(a)*General.* Except as permitted by the Privacy Act and the regulations in this part, or when required by the FOIA, we will not disclose your records without your written consent.
(b)*Disclosure with written consent.* The written consent must clearly specify to whom the information may be disclosed, the information you want us to disclose (e.g., social security number, date and place of birth, monthly Social Security benefit amount, date of entitlement), and, where applicable, during which timeframe the information may be disclosed (e.g., during the school year, while the subject individual is out of the country, whenever the subject individual is receiving specific services).
(c)*Disclosure of the entire record.* We will not disclose your entire record. For example, we will not honor a blanket consent for all information in a system of records or any other record consisting of a variety of data elements. We will disclose only the information you specify in the consent. We will verify your identity and where applicable (e.g., where you consent to disclosure of a record to a specific individual), the identity of the individual to whom the record is to be disclosed.
(d)A parent or guardian of a minor is not authorized to give written consent to a disclosure of a minor's medical record. See § 401.55(c)(2) for the procedures for disclosure of or access to medical records of minors. 9. Section 401.105 is amended by revising the second sentence of paragraph
(b)to read as follows: § 401.105 Disclosure of personal information without the consent of the subject of the record.
(b)* * * For administrative and personnel records, the Privacy Act applies. To the extent that SSA has physical custody of personnel records maintained as part of the Office of Personnel Management's
(OPM)Privacy Act government-wide systems of records, these records are subject to OPM's rules on access and disclosure at 5 CFR parts 293 and 297. * * * 10. Paragraph
(j)of § 401.110 is revised to read as follows: § 401.110 Disclosure of personal information in nonprogram records without the consent of the subject of the record.
(j)To the Comptroller General, or any of his authorized representatives, in the course of the performance of duties of the Government Accountability Office. 11. Section 401.115 is amended by revising the introductory text to read as follows: § 401.115 Disclosure of personal information in program records without the consent of the subject of the record. This section describes how various laws control the disclosure of personal information that we keep. We disclose information in the program records only when a legitimate need exists. For example, we disclose information to officers and employees of SSA who have a need for the record in the performance of their duties. We also must consider the laws identified below in the respective order when we disclose program information: 12. Section 401.120 is amended by revising the last sentence in the paragraph to read as follows: § 401.120 Disclosures required by law. * * * These agencies include the Department of Veterans Affairs for its benefit programs, U.S. Citizenship and Immigration Services to carry out its duties regarding aliens, the Railroad Retirement Board for its benefit programs, and to Federal, State and local agencies administering Temporary Assistance for Needy Families, Medicaid, unemployment compensation, food stamps, and other programs. 13. Section 401.150 is revised to read as follows: § 401.150 Compatible purposes.
(a)*General.* The Privacy Act allows us to disclose information maintained in a system of records without your consent to any other party if such disclosure is pursuant to a routine use published in the system's notice of system of records. A “Routine use” must be compatible with the purpose for which SSA collected the information.
(b)*Notice of routine use disclosures.* A list of permissible routine use disclosures is included in every system of records notice published in the **Federal Register** .
(c)*Determining compatibility.*
(1)*Disclosure to carry out SSA programs.* We disclose information for published routine uses necessary to carry out SSA's programs.
(2)*Disclosure to carry out programs similar to SSA programs.* We may disclose information for the administration of other government programs. These disclosures are pursuant to published routine uses where the use is compatible with the purpose for which the information was collected. These programs generally meet the following conditions:
(i)The program is clearly identifiable as a Federal, State, or local government program.
(ii)The information requested concerns eligibility, benefit amounts, or other matters of benefit status in a Social Security program and is relevant to determining the same matters in the other program. For example, we disclose information to the Railroad Retirement Board for pension and unemployment compensation programs, to the Department of Veterans Affairs for its benefit programs, to worker's compensation programs, to State general assistance programs and to other income maintenance programs at all levels of government. We also disclose for health maintenance programs like Medicaid and Medicare.
(iii)The information will be used for appropriate epidemiological or similar research purposes. 14. Section 401.155 is amended by adding the following language between the fourth and fifth sentences in paragraph
(a)and by removing the last sentence of paragraph (b). § 401.155 Law enforcement purposes.
(a)*General.* * * * The Privacy Act allows us to disclose information if the head of the law enforcement agency makes a written request giving enough information to show that the conditions in paragraphs
(b)or
(c)of this section are met, what information is needed, and why it is needed. * * * 15. Section 401.165 is amended by revising paragraph (b)(2) to read as follows: § 401.165 Statistical and research activities.
(b)* * *
(2)The activity is designed to increase knowledge about present or alternative Social Security programs or other Federal or State income-maintenance or health-maintenance programs; or is used for research that is of importance to the Social Security program or the Social Security beneficiaries; or an epidemiological research project that relates to the Social Security program or beneficiaries; and 16. Section 401.175 is revised to read as follows: § 401.175 Government Accountability Office. We disclose information to the Government Accountability Office when that agency needs the information to carry out its duties. 17. Section 401.180 is revised to read as follows: § 401.180 Disclosure under court order or other legal process.
(a)*General.* The Privacy Act permits us to disclose information when we are ordered to do so by a court of competent jurisdiction. When information is used in a court proceeding, it usually becomes part of the public record of the proceeding and its confidentiality often cannot be protected in that record. Much of the information that we collect and maintain in our records on individuals is especially sensitive. Therefore, we follow the rules in paragraph
(d)of this section in deciding whether we may disclose information in response to an order from a court of competent jurisdiction. When we disclose pursuant to an order from a court of competent jurisdiction, and the order is a matter of public record, the Privacy Act requires us to send a notice of the disclosure to the last known address of the person whose record was disclosed.
(b)*Court.* For purposes of this section, a court is an institution of the judicial branch of the U.S. Federal government consisting of one or more judges who seek to adjudicate disputes and administer justice. (See 404.2(c)(6) of this chapter). Entities not in the judicial branch of the Federal government are not courts for purposes of this section.
(c)*Court order.* For purposes of this section, a court order is any legal process which satisfies all of the following conditions:
(1)It is issued under the authority of a Federal court;
(2)A judge or a magistrate judge of that court signs it;
(3)It commands SSA to disclose information; and
(4)The court is a court of competent jurisdiction.
(d)*Court of competent jurisdiction.* It is the view of SSA that under the Privacy Act the Federal Government has not waived sovereign immunity, which precludes state court jurisdiction over a Federal agency or official. Therefore, SSA will not honor state court orders as a basis for disclosure. State court orders will be treated in accordance with the other provisions of this part.
(e)*Conditions for disclosure under a court order of competent jurisdiction.* We disclose information in compliance with an order of a court of competent jurisdiction if—
(1)another section of this part specifically allows such disclosure, or
(2)SSA, the Commissioner of Social Security, or any officer or employee of SSA in his or her official capacity is properly a party in the proceeding, or
(3)disclosure of the information is necessary to ensure that an individual who is accused of criminal activity receives due process of law in a criminal proceeding under the jurisdiction of the judicial branch of the Federal government.
(f)*In other circumstances.* We may disclose information to a court of competent jurisdiction in circumstances other than those stated in paragraph
(e)of this section. We will make our decision regarding disclosure by balancing the needs of a court while preserving the confidentiality of information. For example, we may disclose information under a court order that restricts the use and redisclosure of the information by the participants in the proceeding; we may offer the information for inspection by the court *in camera* and under seal; or we may arrange for the court to exclude information identifying individuals from that portion of the record of the proceedings that is available to the public. We will make these determinations in accordance with § 401.140.
(g)*Other regulations on request for testimony, subpoenas and production of records in legal proceedings.* See 20 CFR part 403 of this chapter for additional rules covering disclosure of information and records governed by this part and requested in connection with legal proceedings. [FR Doc. E7-7940 Filed 4-26-07; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 2 [Docket No. 2006N-0416] Use of Ozone-Depleting Substances; Removal of Essential Use Designations; Confirmation of Effective Date AGENCY: Food and Drug Administration, HHS. ACTION: Direct final rule; confirmation of effective date. SUMMARY: The Food and Drug Administration
(FDA)is confirming the effective date of April 23, 2007, for the direct final rule that appeared in the **Federal Register** of December 7, 2006 (71 FR 70870). The direct final rule amends the regulation to remove beclomethasone, dexamethasone, fluticasone, bitolterol, salmeterol, ergotamine tartrate, and ipratropium bromide, used in oral pressurized metered-dose inhalers, from the list of essential uses of ozone-depleting substances. None of these products is currently being marketed. This document confirms the effective date of the direct final rule. DATES: Effective date confirmed: April 23, 2007, except for the removal of § 2.125(e)(4)(v) (21 CFR 2.125(e)(4)(v)), which is effective August 1, 2007. FOR FURTHER INFORMATION CONTACT: Martha Nguyen or Wayne H. Mitchell, Center for Drug Evaluation and Research (HFD-7), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-594-2041. SUPPLEMENTARY INFORMATION: In the **Federal Register** of December 7, 2006 (71 FR 70870), FDA solicited comments concerning the direct final rule for a 75-day period ending February 20, 2007. FDA stated that the effective date of the direct final rule would be on April 23, 2007, 60 days after the end of the comment period, unless any significant adverse comment was submitted to FDA during the comment period. FDA received no significant adverse comments within the comment period. Therefore, under the Federal Food, Drug, and Cosmetic Act, the Clean Air Act, and under authority delegated to the Commissioner of Food and Drugs, after consultation with the Administrator of the Environmental Protection Agency, notice is given that no objections or requests for a hearing were filed in response to the December 7, 2006, direct final rule. Accordingly, FDA is confirming that the amendment issued thereby is effective April 23, 2007, except for the removal of § 2.125(e)(4)(v), which is effective August 1, 2007. Dated: April 17, 2007. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E7-8043 Filed 4-26-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 520 Oral Dosage Form New Animal Drugs; Diclazuril AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration
(FDA)is amending the animal drug regulations to reflect approval of a new animal drug application
(NADA)filed by Schering-Plough Animal Health Corp. The NADA provides for the veterinary prescription use of diclazuril oral pellets in horses for the treatment of equine protozoal myeloencephalitis. DATES: This rule is effective April 27, 2007. FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for Veterinary Medicine (HFV-110), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-7540, e-mail: *melanie.berson@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Schering-Plough Animal Health Corp., 556 Morris Ave., Summit, NJ 07901, filed NADA 141-268 for the veterinary prescription use of PROTAZIL (1.56% diclazuril) Antiprotozoal Pellets in horses for the treatment of equine protozoal myeloencephalitis
(EPM)caused by *Sarcocystis neurona* . The NADA is approved as of March 29, 2007, and the regulations in 21 CFR part 520 are amended by adding new § 520.606 to reflect the approval. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. Under section 512(c)(2)(F)(ii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(ii)), this approval qualifies for 3 years of marketing exclusivity beginning March 29, 2007. The agency has determined under 21 CFR 25.33(d)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 520 Animal drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 520 is amended as follows: PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 520 continues to read as follows: Authority: 21 U.S.C. 360b. 2. Add § 520.606 to read as follows: § 520.606 Diclazuril.
(a)*Specifications* . Each 100 grams
(g)of pellets contain 1.56 g diclazuril.
(b)*Sponsor* . See No. 000061 in § 510.600(c) of this chapter.
(c)*Conditions of use in horses* —(1) *Amount* . Administer 1 milligram
(mg)per kilogram (0.45 mg per pound) of body weight in the daily grain ration for 28 days.
(2)*Indications for use* . For the treatment of equine protozoal myeloencephalitis
(EPM)caused by *Sarcocystis neurona* .
(3)*Limitations* . Do not use in horses intended for human consumption. Federal law restricts this drug to use by or on the order of a licensed veterinarian. Dated: April 13, 2007. Bernadette Dunham, Deputy Director, Center for Veterinary Medicine. [FR Doc. E7-8041 Filed 4-26-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [COTP San Francisco Bay 07-007] RIN 1625-AA00 Safety Zone; Kimmelman's Wedding Party Fireworks Display, San Francisco Bay, CA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone in the navigable waters of San Francisco Bay for the loading, transport, and launching of fireworks used during a wedding celebration display. This safety zone is established to ensure the safety of participants and spectators. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or his designated representative. DATES: This rule is effective from 1 p.m. to 9:35 p.m. on April 28, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket, are part of the docket COTP San Francisco Bay 07-007 and are available for inspection or copying at Coast Guard Sector San Francisco, 1 Yerba Buena Island, San Francisco, California, 94130, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Ensign Sheral Richardson, U.S. Coast Guard Sector San Francisco, at
(415)556-2950 ext. 140. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking
(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. Logistical details surrounding the event were not finalized and presented to the Coast Guard in time to draft and publish an NPRM. As such, the event would occur before the rulemaking process was complete. Because of the dangers posed by the pyrotechnics used in this fireworks display, safety zones are necessary to provide for the safety of event participants, spectator craft, and other vessels transiting the event area. For the safety concerns noted, it is in the public interest to have these regulations in effect during the event. For the same reasons listed in the previous paragraph, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Any delay in the effective date of this rule would expose mariners to the dangers posed by the pyrotechnics used in this fireworks display. Background and Purpose Pyro's Spectacular Incorporated is sponsoring a brief fireworks display on April 28, 2007 in the waters of San Francisco Bay near Angel Island. The fireworks display is meant for entertainment purposes at the Kimmelman's Wedding. This safety zone is being issued to establish a temporary regulated area in San Francisco around the fireworks launch barge during loading of the pyrotechnics, during the transit of the barge to the display location, and during the fireworks display. This safety zone around the launch barge is necessary to protect spectators, vessels, and other property from the hazards associated with the pyrotechnics on the fireworks barge. The Coast Guard has granted the event sponsor a marine event permit for the fireworks display. Discussion of Rule The Coast Guard is establishing a temporary safety zone on specified waters off of San Francisco Bay near Angel Island. During the loading of the fireworks barge, while the barge is being towed to the display location, and until the start of the fireworks display, the safety zone will apply to the navigable waters around and under the fireworks barge within a radius of 100 feet. Fifteen minutes prior to and during the 5-minute fireworks display, the area to which this safety zone applies to will increase in size to encompass the navigable waters around and under the fireworks barge within a radius of 800 feet. Loading of the pyrotechnics onto the fireworks barge is scheduled to commence at 1 p.m. on April 28, 2007, and will take place at Pier 50 in San Francisco. Towing of the barge from Pier 50 to the display location is scheduled to take place between 1 p.m. and 4 p.m. on April 28, 2007. During the fireworks display, scheduled to commence at approximately 9:30 p.m., the fireworks barge will be located approximately 800 feet off of Angel Island in position 37° 51′20.0″ N, 122° 26′43.0″ W. The effect of the temporary safety zone will be to restrict general navigation in the vicinity of the fireworks barge while the fireworks are loaded at Pier 50, during the transit of the fireworks barge, and until the conclusion of the scheduled display. Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the safety zone. This safety zone is needed to keep spectators and vessels a safe distance away from the fireworks barge to ensure the safety of participants, spectators, and transiting vessels. 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. Although this rule restricts access to the waters encompassed by the safety zone, the effect of this rule will not be significant because the local waterway users will be notified via public broadcast notice to mariners to ensure the safety zone will result in minimum impact. The entities most likely to be affected are pleasure craft engaged in recreational activities. 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 is not expected to have a significant economic impact on a substantial number of entities, some of which may be small entities. This rule may affect owners and operators of pleasure craft engaged in recreational activities and sightseeing. This rule will not have a significant economic impact on a substantial number of small entities for several reasons:
(i)Vessel traffic can pass safely around the area,
(ii)vessels engaged in recreational activities and sightseeing have ample space outside of the effected portion of San Francisco Bay to engage in these activities,
(iii)this rule will encompass only a small portion of the waterway for a limited period of time, and
(iv)the maritime public will be advised in advance of this safety zone via public notice to mariners. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. If the rule will affect your small business, organization, or government jurisdiction and you have questions concerning its provisions, options for compliance, or assistance in understanding this rule, please contact Ensign Sheral Richardson, U.S. Coast Guard Sector San Francisco, at
(415)556-2950 ext. 140. 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 calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not 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 does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(g), of the Instruction, from further environmental documentation. Paragraph (34)(g) is applicable because this rule establishes a safety zone. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” will be 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. Add temporary § 165-T11-181 to read as follows: § 165-T11-181 Safety Zone; Kimmelman's Wedding Party Fireworks Display, San Francisco Bay, CA
(a)*Location.* This safety zone is established for the waters of San Francisco Bay near Angel Island surrounding a barge used as the launch platform for a fireworks display to be held during the Kimmelman's Wedding Celebration. During the loading of the fireworks barge, during the transit of the fireworks barge to the display location, and until fifteen minutes prior to the start of the fireworks display, the safety zone will encompass the navigable waters around and under the fireworks barge within a radius of 100 feet. During the 15 minutes preceding the fireworks display and during the 5-minute fireworks display itself, the safety zone increases in size to encompass the navigable waters around and under the fireworks launch barge within a radius of 800 feet. Loading of the pyrotechnics onto the fireworks barge is scheduled to commence at 1 p.m. on April 28, 2007, and will take place at Pier 50 in San Francisco. Towing of the barge from Pier 50 to the display location is scheduled to take place between 1 p.m. and 4 p.m. on April 28, 2007. During the fireworks display, scheduled to start at approximately 9:30 p.m. on April 28, 2007, the barge will be located approximately 800 feet off of Angel Island in position 37° 51′20.0″ N, 122° 26′43.0″ W.
(b)*Effective Dates.* This section is effective from 1 p.m. to 9:35 p.m. on April 28, 2007. If the event concludes prior to the scheduled termination time, the Coast Guard will cease enforcement of this safety zone and will announce that fact via Broadcast Notice to Mariners.
(c)*Regulations.* In accordance with the general regulations in § 165.23 of this part, entry into, transit through, or anchoring within this safety zone by all vessels and persons is prohibited, unless specifically authorized by the Captain of the Port San Francisco, or his designated representative.
(d)*Enforcement.* All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port, or the designated on-scene patrol personnel. Patrol personnel can be comprised of commissioned, warrant, and petty officers of the Coast Guard onboard Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels. Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. The U.S. Coast Guard may be assisted in the patrol and enforcement of this safety zone by local law enforcement as necessary. Dated: April 10, 2007. W.J. Uberti, Captain, U.S. Coast Guard Captain of the Port, San Francisco. [FR Doc. E7-7946 Filed 4-26-07; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2007-0155; FRL-8305-3] Approval and Promulgation of Air Quality Implementation Plans; Ohio; Approval of Revision To Rescind Portions of the Ohio Transportation Conformity Regulations AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: The Environmental Protection Agency
(EPA)is approving a January 31, 2007, request from Ohio for a State Implementation Plan
(SIP)revision of the State transportation conformity regulations. Ohio held a public hearing on these revisions on September 21, 2006. These revisions rescind the portion of the state transportation conformity regulations which are no longer consistent with the Federal transportation conformity regulations. The rescission of the State regulations will allow the Federal transportation conformity regulations to govern transportation conformity determinations in Ohio. DATES: This direct final rule will be effective June 26, 2007, unless EPA receives written adverse comments by May 29, 2007. If written adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the **Federal Register** informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-OAR-2007-0155, by one of the following methods: 1. *www.regulations.gov:* Follow the on-line instructions for submitting comments. 2. *E-mail: mooney.john@epa.gov* . 3. *Fax:*
(312)886-5824. 4. *Mail:* John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. *Hand Delivery:* John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m to 4:30 p.m. excluding Federal holidays. *Instructions:* Direct your comments to Docket ID No. EPA-R05-OAR-2007-0155. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We recommend that you telephone Patricia Morris, Environmental Scientist, at
(312)353-8656 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental Scientist, Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312)353-8656, *morris.patricia@epa.gov* . SUPPLEMENTARY INFORMATION: Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA. This supplementary information section is arranged as follows: I. What Is Transportation Conformity? II. What Is the Background for This Action? III. What Did the State Submit and How Did We Evaluate It? IV. What Action Is EPA Taking Today? V. Statutory and Executive Order Reviews I. What Is Transportation Conformity? Transportation conformity is required under Section 176(c) of the Clean Air Act to ensure that Federally supported highway, transit projects, and other activities are consistent with (“conform to”) the purpose of the SIP. Conformity currently applies to areas that are designated nonattainment, and those redesignated to attainment after 1990 (maintenance areas) with plans developed under section 175A of the Clean Air Act for the following transportation related criteria pollutants: Ozone, particulate matter (PM <sup>2.5</sup> and PM <sup>10</sup> ), carbon monoxide (CO), and nitrogen dioxide (NO <sup>2</sup> ). Conformity to the purpose of the SIP means that transportation activities will not cause new air quality violations, worsen existing violations, or delay timely attainment of the relevant national ambient air quality standards (NAAQS). The transportation conformity regulation is found in 40 CFR part 93 and provisions related to conformity SIPs are found in 40 CFR 51.390. II. What Is the Background for This Action? On August 10, 2005, the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users” (SAFETEA-LU) was signed into law. SAFETEA-LU revised a number of aspects related to section 176(c) of the Clean Air Act's transportation conformity provisions. One of the changes was to streamline the requirements for conformity SIPs. Prior to SAFETEA-LU being signed into law, states were required to address all of the Federal conformity rule's provisions in their conformity SIPs. Most of the sections of the Federal rule were required to be copied verbatim from the Federal rule into a state's SIP, as previously required under 40 CFR 51.390(d). States were also required to tailor all or portions of the following three sections of the Federal rule to meet their state's individual circumstances: 40 CFR 93.105, which addresses consultation procedures; 40 CFR 93.122(a)(4)(ii), which addresses written commitments to control measures that are not included in a Metropolitan Planning Organizations transportation plan and transportation improvement program that must be obtained prior to a conformity determination, and the requirement that such commitments must be fulfilled; and, 40 CFR 93.125(c) which addresses written commitments to mitigation measures that must be obtained prior to a project level conformity determination, and the requirement that project sponsors must comply with such commitments. Under SAFETEA-LU, states are required to address and tailor only these three sections of the conformity rule in their conformity SIPs. In general, states are no longer required to submit conformity SIP revisions that address the other sections of the conformity rule. This provision took effect on August 10, 2005, when SAFETEA-LU was signed into law. III. What Did the State Submit and How Did We Evaluate It? The SIP revision submitted to EPA on January 31, 2007, requests to rescind the sections of the Ohio Administrative Code (OAC), Chapters 3745-101 Transportation Conformity, which are no longer required. When the Ohio rules are rescinded, the analagous Federal transportation conformity regulations will apply instead of the State regulations. The Federal transportation conformity regulations have been revised to address court decisions, and to incorporate new regulations to control PM <sup>2.5</sup> and 8-hour ozone levels. The Ohio rules that are being rescinded are no longer valid under the subsequent court decisions and the SAFETEA-LU legislation. Approval of the rescission as a SIP revision will bring this regulatory framework into compliance with Federal law and regulation. We have reviewed the submittal to assure consistency with the February 14, 2006, “Interim Guidance for Implementing the Transportation Conformity provisions in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)”. The policy guidance document can be found at *http://epa.gov/otaq/stateresources/transconf/policy.htm* . Ohio is requesting approval of rescission of rules 3745-101-05, 3745-101-06, 3745-101-07, 3745-101-08, 3745-101-09, 3745-101-10, 3745-101-11, 3745-101-12, 3745-101-13, 3745-101-15, 3745-101-16, 3745-101-18, 3745-101-19, and 3745-101-20. The rules that are not being rescinded address the consultation procedures and enforceability of mitigation controls and measures. These sections are still required by the SAFETEA-LU legislation because they are specific to each State. IV. What Action Is EPA Taking Today? Based on the reasons set forth above, EPA is approving the State's request to rescind the following rules from the Ohio SIP: 3745-101-05, 3745-101-06, 3745-101-07, 3745-101-08, 3745-101-09, 3745-101-10, 3745-101-11, 3745-101-12, 3745-101-13, 3745-101-15, 3745-101-16, 3745-101-18, 3745-101-19, and 3745-101-20. These rules are part of OAC 3745-101 Transportation Conformity. We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this **Federal Register** publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective June 26, 2007 without further notice unless we receive relevant adverse written comments by May 29, 2007. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. If we do not receive any comments, this action will be effective June 26, 2007. VI. Statutory and Executive Order Reviews Executive Order 12866: Regulatory Planning and Review 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. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use Because it is not a “significant regulatory action” under Executive Order 12866 or a “significant energy action,” 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). Regulatory Flexibility Act 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.* ). Unfunded Mandates Reform Act 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). Executive Order 13175: Consultation and Coordination With Indian Tribal Governments 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 (59 FR 22951, November 9, 2000). Executive Order 13132: Federalism 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 standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard. National Technology Transfer Advancement Act 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. Paperwork Reduction Act 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.* ). Congressional Review Act 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** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). 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 June 26, 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 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, Carbon monoxide, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter. Dated: April 12, 2007. Bharat Mathur, Acting Regional Administrator, Region 5. For the reasons stated in the preamble, part 52, chapter I, of title 40 of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart KK—Ohio 2. Section 52.1870 is amended by adding and reserving paragraph (c)(136) and by adding paragraph (c)(137) to read as follows: § 52.1870 Identification of plan.
(c)* * * *(136) [Reserved]*
(137)On January 31, 2007, Ohio requested to rescind certain transportation conformity rules from the Ohio State Implementation Plan, which were previously approved in paragraph (c)(122) of this section. The rules that are being rescinded at Ohio's request are 3745-101-05, 3745-101-06, 3745-101-07, 3745-101-08, 3745-101-09, 3745-101-10, 3745-101-11, 3745-101-12, 3745-101-13, 3745-101-15, 3745-101-16, 3745-101-18, 3745-101-19, and 3745-101-20. [FR Doc. E7-7895 Filed 4-26-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 94 [EPA-HQ-OAR-2007-0120; FRL-8306-7] RIN 2060-A026 Change in Deadline for Rulemaking To Address the Control of Emissions From New Marine Compression-Ignition Engines at or Above 30 Liters Per Cylinder AGENCY: Environmental Protection Agency (EPA). ACTION: Direct Final Rule. SUMMARY: A January 2003 final rule established the first U.S. emission standards for new compression-ignition Category 3 marine engines, those with a displacement at or above 30 liters per cylinder displacement. It also established a deadline of April 27, 2007 for EPA to promulgate a new tier of emission standards for these engines as determined appropriate under Clean Air Act
(CAA)section 213(a). This rulemaking schedule was intended to allow EPA time to consider the state of technology that may permit deeper emission reductions and the status of international action for more stringent standards. Since 2003, we have continued to gain a greater understanding of the technical issues described in the final rule and to assess the continuing efforts of manufacturers to apply advanced emission control technologies to these very large engines, through ongoing discussions with various stakeholders. In addition, we have continued to work with and through the International Maritime Organization
(IMO)toward more stringent international emission standards that would apply to all new marine diesel engines on ships engaged in international transportation. IMO is an important forum for EPA to gather new information and data regarding emission control technologies, costs, and other information on Category 3 engines and vessels. IMO is also important because the majority of ships used in international commerce are flagged in other nations. Due to the length of time necessary to assess advanced emission control technologies much of the information that we believe is necessary to develop more stringent Category 3 marine diesel engines standards has only become available recently and we expect more information to come to light in the course of the current negotiations underway at the IMO. Therefore, EPA is adopting a new deadline for the rulemaking that will consider the next tier of Category 3 marine diesel engine standards. Under this new schedule, EPA would adopt a final rule by December 17, 2009. DATES: This rule is effective on June 26, 2007 without further notice, unless EPA receives adverse comment by May 29, 2007 or a request for a public hearing by May 17, 2007. If a hearing is requested by this date, it will be held at a time and place to be published in the **Federal Register** . After the hearing, the docket for this rulemaking will remain open for an additional 30 days to receive comments. If a hearing is held, EPA will publish a document in the **Federal Register** extending the comment period for 30 days after the hearing. If EPA receives adverse comments or a request for public hearing, it will publish a timely withdrawal of the direct final rule in the **Federal Register** and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2007-0120, by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: a-and-r-docket@epa.gov* • *Fax:*
(202)566-1741 • *Mail:* Environmental Protection Agency, Mail Code: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include two copies. • *Hand Delivery:* EPA Docket Center (Air Docket), U.S. Environmental Protection Agency, EPA West Building, 1301 Constitution Avenue, NW., *Room:* 3334 *Mail Code:* 6102T, Washington, DC. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OAR-2007-0120. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the EPA Docket Center, EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the Air Docket is
(202)566-1742. *Public Hearing:* To request a public hearing, contact Mike Samulski at
(734)214-4532 or *samulski.michael@epa.gov* . If a public hearing is held, persons wishing to testify must submit copies of their testimony to the docket and to Mike Samulski at the address below, no later than 10 days prior to the hearing. FOR FURTHER INFORMATION CONTACT: Michael Samulski, Assessment and Standards Division, Office of Transportation and Air Quality, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number:
(734)214-4532; *fax number:*
(734)214-4050; *e-mail address: samulski.michael@epa.gov* . SUPPLEMENTARY INFORMATION: I. Why Is EPA Using a Direct Final Rule? EPA is publishing this as a direct final rule because we view this as a relatively noncontroversial action. Based on what we have learned in our consultations over the past several years, we do not believe that this extension will delay the achievement of further emission reductions from Category 3 marine engines beyond what could potentially have been achieved and creates the opportunity for the development and implementation of a more effective program for the longer term. However, in the “Proposed Rules” section of today's **Federal Register** , we are publishing a separate document that will serve as the proposed rule to consider adoption of the provisions in this direct final rule if adverse comments or a request for a public hearing are received on this action. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. If EPA receives adverse comment or a request for a public hearing, we will publish a timely withdrawal in the **Federal Register** informing the public that this direct final rule will not take effect. We would address all public comments in any subsequent final rule based on the proposed rule. II. Does This Action Apply to Me? This action will affect companies that manufacture, sell, or import into the United States new marine compression-ignition engines for use on vessels flagged or registered in the United States; companies and persons that make vessels that will be flagged or registered in the United States and that use such engines; and the owners or operators of such U.S. vessels. This action may also affect companies and persons that rebuild or maintain these engines. Affected categories and entities include the following: Category NAICS code a Examples of potentially affected entities Industry 333618 Manufacturers of new marine diesel engines. Industry 336611 Manufacturers of marine vessels. Industry 811310 Engine repair and maintenance. Industry 483 Water transportation, freight and passenger. a North American Industry Classification System (NAICS). This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. To determine whether particular activities may be affected by this action, you should carefully examine the regulations. You may direct questions regarding the applicability of this action as noted in FOR FURTHER INFORMATION CONTACT . III. What Should I Consider as I Prepare My Comments for EPA? A. *Submitting CBI.* Do not submit Confidential Business Information
(CBI)to EPA through *http://www.regulations.gov* or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. B. *Tips for Preparing Your Comments.* When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying information (subject heading, **Federal Register** date and page number). • Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. IV. Summary of Rule In January 2003, we adopted standards for new Category 3 compression-ignition marine engines, at or above 30 liters per cylinder displacement. 1 The program we adopted reflected a two-part approach. EPA evaluated the emissions control potential from various kinds of technology, alone or in combination, including
(1)the in-cylinder controls currently used on new marine engines to meet the international consensus NO <sup>X</sup> standards contained in the International Convention for the Prevention of Pollution from Ships (MARPOL Annex VI);
(2)additional use and optimization of these controls; and
(3)more advanced technologies such as SCR and water injection, EPA concluded that it would not be appropriate to adopt long-term technology forcing standards in that rulemaking. Instead, we set a near-term standard effective in 2004 that is equivalent to the MARPOL Annex VI oxides of nitrogen (NO <sup>X</sup> ) standard and can be achieved through existing emissions control technology. We also committed to a subsequent rulemaking that would review the Tier 1 near-term standards and if appropriate revise them with a deadline to complete that rulemaking by April 27, 2007. That rulemaking schedule was intended to allow us additional time to consider the state of technology that may permit deeper reductions and the status of international action for more stringent standards. We also stated we would consider an additional tier of standards based on this assessment of technological feasibility and other factors and consider the application of these standards to foreign-flagged vessels that enter U.S. ports. 1 “Control of Emissions from New Marine Compression-Ignition Engines at or Above 30 Liters Per Cylinder; Final Rule,” 68 FR 9746, February 28, 2003. In assessing the potential of advance emission control technologies we concluded that while further reductions could be achieved if a longer lead time were allowed, a variety of technical reasons made it more appropriate to defer final action on such longer-term standards to a second rulemaking. An additional reason supporting this two-tier approach was to facilitate international negotiations over the next round of reductions that could be implemented under Annex VI, which in turn could facilitate EPA's regulatory program to reduce emissions from Category 3 marine diesel engines. IMO is an important forum for EPA to gather new information and data regarding emission control technology, costs, and other information. The opportunity at IMO for stringent international standards is also important because the vast majority of vessels with Category 3 marine diesel engines that enter U.S. waters are flagged outside the United States. We are engaged in the IMO negotiations with the understanding that adopting appropriate international standards would be the most efficient mechanism to control emissions from U.S. and foreign flagged vessels. In the past few years, new information has become available regarding the effectiveness of advance emission control technologies on Category 3 engines which will assist us in developing new standards. In addition, the IMO has only recently begun negotiations for a new tier of international standards. EPA is actively engaged in these negotiations as a member of the United States delegation, and the United States recently submitted a proposal to IMO that describes a framework for emission limits that, if enacted, could achieve significant reductions in NO <sup>X</sup> , particulate matter (PM), and oxides of sulfur (SO <sup>X</sup> ) emissions from marine vessels. 2 We expect this framework to form the basis of our domestic rulemaking proposal. We are developing an Advance Notice of Proposed Rulemaking under section 213 of the Clean Air Act which describes EPA's current thinking with regard to potential new requirements for Category 3 marine powered vessels and identifies and discusses a number of important issues upon which we will seek comment. We expect to issue the Advanced Notice within the next few months. 2 “Revision of MARPOL Annex VI, The NO <sup>X</sup> Technical Code and Related Guidelines; Development of Standards for NO <sup>X</sup> , PM, and SO <sup>X</sup> ,” submitted by the United States to the Sub-Committee on Bulk Liquids and Gases, 11th Session, 2007. In recognition of the current situation, EPA is taking this action to establish a new rulemaking deadline that will facilitate our ability to achieve this objective as part of the international process and through the adoption of the same requirements through an EPA rulemaking. Today's action will establish a new rulemaking deadline of December 17, 2009 for a final rule addressing additional emission standards for Category 3 marine engines that we determine are appropriate under section 213(a)(3). Concurrent with conducting a rulemaking under CAA section 213(a) for Category 3 marine powered vessels, we will continue to promote more stringent standards at IMO and encourage the IMO to adopt emission controls for Category 3 marine powered vessels that seek to aggressively reduce the impact of marine ships on air quality. V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This action is not a “significant regulatory action” under the terms of Executive Order
(EO)12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under the EO. This direct final rule merely changes the regulatory schedule for a rulemaking to address emissions from Category 3 marine engines. There are no new costs associated with this rule. B. Paperwork Reduction Act This action does not impose any new information collection burden. This direct final rule merely changes the regulatory schedule for a rulemaking to address emissions from Category 3 marine engines. However, the Office of Management and Budget
(OMB)has previously approved the information collection requirements contained in the existing regulations [40 CFR 94] under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* and has assigned OMB control number 2060-0287, EPA ICR number 1684.08. A copy of the OMB approved Information Collection Request
(ICR)may be obtained from Susan Auby, Collection Strategies Division; U.S. Environmental Protection Agency (2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by calling
(202)566-1672. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act The Regulatory Flexibility Act
(RFA)generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of this final rule on small entities, a small entity is defined as:
(1)A small business that meets the definition for business based on SBA size standards at 13 CFR 121.201;
(2)a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and
(3)a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of today's final rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. In determining whether a rule has a significant economic impact on a substantial number of small entities, the impact of concern is any significant adverse economic impact on small entities, since the primary purpose of the regulatory flexibility analyses is to identify and address regulatory alternatives “which minimize any significant economic impact of the rule on small entities.” 5 U.S.C. 603 and 604. Thus, an agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, or otherwise has a positive economic effect on all of the small entities subject to the rule. This direct final rule merely changes the regulatory schedule for a rulemaking to address emissions from Category 3 marine engines. We have therefore concluded that today's final rule will relieve regulatory burden for all affected small entities. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “federal mandates” that may result in expenditures to state, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and to adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the Administrator publishes with the final rule an explanation of why such an alternative was adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. This rule contains no federal mandates for state, local, tribal governments, or the private sector as defined by the provisions of Title II of the UMRA. The rule imposes no enforceable duties on any of these governmental entities. This rule contains no regulatory requirements that would significantly or uniquely affect small governments. EPA has determined that this rule contains no federal mandates that may result in expenditures of more than $100 million to the private sector in any single year. This direct final rule merely changes the regulatory schedule for a rulemaking to address emissions from Category 3 marine engines. This rule is not subject to the requirements of sections 202 and 205 of UMRA. *E. Executive Order 13132:* Federalism Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” are defined in the Executive Order to include regulations that 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.” Under Section 6 of Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing the regulation. EPA also may not issue a regulation that has federalism implications and that preempts State law, unless the Agency consults with State and local officials early in the process of developing the regulation. Section 4 of the Executive Order contains additional requirements for rules that preempt State or local law, even if those rules do not have federalism implications ( *i.e.* , the rules 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). Those requirements include providing all affected State and local officials notice and an opportunity for appropriate participation in the development of the regulation. If the preemption is not based on express or implied statutory authority, EPA also must consult, to the extent practicable, with appropriate State and local officials regarding the conflict between State law and Federally protected interests within the agency's area of regulatory responsibility. This rule does not have federalism implications. It 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, as specified in Executive Order 13132. This direct final rule merely changes the regulatory schedule for a rulemaking to address emissions from Category 3 marine engines. Thus, Executive Order 1312 does not apply to this rule. *F. Executive Order 13175:* Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled “Consultation and Coordination With Indian Tribal Governments” (59 FR 22951, November 6, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” “Policies that have tribal implications” is defined in the Executive Order to include regulations that have “substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.” This rule does not have tribal implications. It will not have substantial direct effects on tribal governments, 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 in Executive Order 13175. This rule does not uniquely affect the communities of Indian Tribal Governments. Further, no circumstances specific to such communities exist that would cause an impact on these communities beyond those discussed in the other sections of this rule. This direct final rule merely changes the regulatory schedule for a rulemaking to address emissions from Category 3 marine engines. Thus, Executive Order 13175 does not apply to this rule. *G. Executive Order 13045:* Protection of Children From Environmental Health Risks and Safety Risks Executive Order 13045, “Protection of Children From Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997) applies to any rule that
(1)is determined to be “economically significant” as defined under Executive Order 12866, and
(2)concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, Section 5-501 of the Order directs the Agency to evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This rule is not subject to the Executive Order because it is not economically significant as defined in EO 12866, and because the Agency does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. This direct final rule merely changes the regulatory schedule for a rulemaking to address emissions from Category 3 marine engines. *H. Executive Order 13211:* Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not a “significant energy action” as defined in Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) because it is not likely to have a significant adverse effect on the supply, distribution or use of energy. This direct final rule merely changes the regulatory schedule for a rulemaking to address emissions from Category 3 marine engines. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (“NTTAA”), Public Law 104-113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless doing so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (such as materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This direct final rule does not involve technical standards. This direct final rule merely changes the regulatory schedule for a rulemaking to address emissions from Category 3 marine engines. Therefore, EPA did not consider the use of any voluntary consensus standards. *J. Executive Order 12898:* Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order
(EO)12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. This direct final rule merely changes the regulatory schedule for a rulemaking to address emissions from Category 3 marine engines. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as amended 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 Congress and the Comptroller General of the United States. We 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 before publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). This direct final rule is effective on June 26, 2007. L. Statutory Authority The statutory authority for this action comes from section 213 of the Clean Air Act as amended (42 U.S.C. 7547). This action is a rulemaking subject to the provisions of Clean Air Act section 307(d). See 42 U.S.C. 7607(d). List of Subjects in 40 CFR Part 94 Environmental protection, Administrative practice and procedure, Air pollution control, Confidential business information, Imports, Penalties, Reporting and recordkeeping requirements, Vessels, Warranties. Dated: April 23, 2007. Stephen L. Johnson, Administrator. For the reasons set out in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows: PART 94—CONTROL OF AIR POLLUTION FROM MARINE COMPRESSION-IGNITION EMISSIONS 1. The authority citation for part 94 continues to read as follows: Authority: 42 U.S.C. 7401-7671q. 2. Section 94.8 is amended by revising paragraph (a)(2)(ii) to read as follows: § 94.8 Exhaust emission standards.
(a)* * *
(2)* * *
(ii)EPA has not finalized Tier 2 standards for Category 3 engines. EPA will promulgate final Tier 2 standards for Category 3 engines on or before December 17, 2009. [FR Doc. E7-8105 Filed 4-26-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 070312058-7087-02; I.D. 020507A] RIN 0648-AU34 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Interim Secretarial Action AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; interim measures; request for comments. SUMMARY: NMFS implements this interim final rule pursuant to its authority to issue interim measures under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This temporary action implements measures to help end overfishing and rebuild the monkfish resource while NMFS conducts a stock assessment for the fishery and makes a final determination on Framework Adjustment 4 (Framework 4) to the Monkfish Fishery Management Plan (FMP). DATES: Effective May 1, 2007, through October 27, 2007, or until superceded by another final rule, whichever occurs first. Additional comments on this interim action must be received by May 29, 2007. ADDRESSES: Written comments on the interim rule may be submitted by any of the following methods: • E-mail: E-mail comments on this interim rule may be submitted to *monkfish-interim07@noaa.gov* . Include in the subject line the following “Comments on Monkfish Interim Measures.” • Federal e-Rulemaking Portal: *http://www.regulations.gov* . • Mail: Comments submitted by mail should be sent to Patricia A. Kurkul, Administrator, Northeast Region, NMFS (Regional Administrator), One Blackburn Drive, Gloucester, MA 01930-2298. Mark the outside of the envelope “Comments on the Interim Rule for the Monkfish FMP.” • Facsimile (fax): Comments submitted by fax should be faxed to
(978)281-9135. Copies of this interim final rule, its Regulatory Impact Review (RIR), Initial Regulatory Flexibility Analysis (IRFA), and the Environmental Assessment
(EA)are available from Patricia A. Kurkul, Regional Administrator, NMFS, One Blackburn Drive, Gloucester, MA 01930. The Final Regulatory Flexibility Analysis
(FRFA)consists of the IRFA, public comments and responses, and the summary of impacts and alternatives contained in the Classification section of the preamble of this interim final rule. Copies of the small entity compliance guide are available from the Regional Administrator at the above address. All of these documents are also accessible via the Internet at *http://www.nero.noaa.gov* . FOR FURTHER INFORMATION CONTACT: Allison McHale, Fishery Policy Analyst, e-mail *Allison.McHale@noaa.gov* , phone
(978)281-9103, fax
(978)281-9135. SUPPLEMENTARY INFORMATION: Background This temporary final rule implements interim measures, as authorized by section 305 of the Magnuson-Stevens Act, intended to help end overfishing in the monkfish fishery and rebuild monkfish stocks in accordance with the rebuilding goals established in the FMP. A proposed rule requesting public comment on this interim action published in the **Federal Register** on March 20, 2007 (72 FR 13069). Public comments were accepted through April 4, 2007. A full discussion of the background of this interim action was presented in the preamble to the proposed rule and is not repeated here. The New England and Mid-Atlantic Fishery Management Councils (Councils) initiated Framework 4 during the spring of 2006, based upon concerns over the Framework 2 control rule (68 FR 22325; April 28, 2003), and the status of the monkfish resource with respect to the rebuilding schedule established in the FMP. The objectives of Framework 4 are:
(1)Adopt a set of management measures that have a reasonable expectation of achieving stock rebuilding goals by the end of FY 2009;
(2)include measures that, to the extent possible, mitigate the socioeconomic effects of the measures intended to rebuild the stock without compromising their effectiveness; and
(3)develop a program that provides contingencies for anticipating changes in the basis for evaluating stock status with respect to reference points, specifically the transition to a new trawl survey vessel and continuation of the triennial cooperative survey. The Councils approved Framework 4 during the fall of 2006, and submitted the Framework 4 document to NMFS on January 11, 2007, for review and approval. A proposed rule soliciting public comment on the management measures contained in Framework 4 published on March 20, 2007, in conjunction with the proposed interim rule, with public comments on Framework 4 accepted through April 19, 2007. Due to concerns over the status of the monkfish resource and the fact that monkfish is in the seventh year of a 10-year rebuilding plan, NMFS has initiated a Stock Assessment Review Committee
(SARC)and will hold an integrated Stock Assessment Workshop (SAW)/SARC meeting to perform a monkfish stock assessment. Results of the workshop are expected to be available in July 2007. The tasks to be performed include a determination of stock status relative to the existing biological reference points (BRPs), a review of the existing BRPs and potential revision or redefinition of the BRPs along with a stock status determination, and review and potential revision of existing control rules for rebuilding the stock relative to the recommended BRPs. Since the upcoming SAW/SARC will occur after the start of the 2007 monkfish fishing year, NMFS will delay making a final decision on Framework 4 until after the results of the stock assessment are available. As such, it is necessary to implement interim management measures for the start of the fishing year on May 1, 2007, in accordance with section 305 of the Magnuson-Stevens Act, based upon the information and management measures contained in Framework 4. The purpose of the interim rule is to implement management measures to help end overfishing and rebuild the monkfish resource while NMFS conducts a thorough review of the status of the monkfish resource, using the best and most recent information available. NMFS will use this updated information to make a final determination on Framework 4 following the completion of this stock assessment. Interim Management Measures for the Monkfish Fishery for FY 2007 1. Target TACs for the NFMA and SFMA This action establishes target TACs of 5,000 mt and 3,667 mt for the NFMA and SFMA, respectively, for FY 2007. The associated management measures contained in this interim rule (i.e., trip limits and DAS restrictions) are designed to achieve these annual target TACs. However, the target TACs and associated management measures contained in this interim rule can only be in effect for 180 days, but may be extended for up to an additional 180 days, as provided at § 600.310(e)(5). 2. DAS Requirement for the NFMA This action establishes measures that will require limited access monkfish vessels that are fishing in the NFMA to declare a monkfish DAS if the vessel exceeds, or is anticipating to exceed, the applicable monkfish incidental catch limit. All limited access monkfish vessels must declare their intent to fish under a monkfish DAS prior to leaving port. This action does not implement the provision proposed in Framework 4 to allow limited access monkfish vessels fishing in the NFMA under a Northeast multispecies Category A DAS to change their DAS declaration to a monkfish DAS while at sea. This proposed Framework 4 provision is not implemented in this interim rule due to concerns that it may allow these limited access monkfish vessels to target monkfish more efficiently in this management area, increasing the likelihood that the target TAC would be exceeded. 3. Trip Limits and DAS Allocations for the NFMA This action establishes an annual monkfish DAS allocation of 31 DAS for limited access monkfish vessels fishing in the NFMA. This action also establishes NFMA trip limits of 1,250 lb (567 kg) tail weight per DAS for limited access monkfish Category A and C vessels, and 470 lb (213 kg) tail weight per DAS for limited access monkfish Category B and D vessels. 4. Trip limits and DAS Allocations for the SFMA This action restricts limited access monkfish vessels fishing in the SFMA to 12 monkfish DAS annually. Due to the difference between the proposed DAS allocations for the NFMA and the SFMA, this action established an annual allocation of 31 monkfish DAS for all limited access monkfish vessels, but restricts vessels to using no more than 12 of their allocated 31 monkfish DAS in the SFMA. This action also establishes SFMA trip limits of 550 lb (249 kg) tail weight for limited access monkfish Category A, C, and G vessels; and 450 lb (204 kg) tail weight per DAS for limited access monkfish Category B, D, and H vessels. The trip limits and DAS restrictions being implemented in this interim rule are the same as those in effect during FY 2006. 5. Carryover DAS This action prohibits any unused monkfish DAS from FY 2006 from being used as carryover DAS during the portion of FY 2007 that this interim rule is in effect. The Regional Administrator may restore all or a portion of the carryover DAS available for FY 2007 through a subsequent action, if warranted, based upon the results of the July 2007 stock assessment. 6. Monkfish Incidental Catch Limit for the NFMA This action reduces the monkfish incidental catch limit applicable to limited access monkfish vessels (Categories A, B, C, D, F, G, and H) and open access monkfish vessels (Category E) fishing under a NE multispecies DAS in the NFMA from 400 lb (181 kg) tail weight per NE multispecies DAS, or 50 percent of the weight of fish on board, to 300 lb (136 kg) tail weight per DAS, or 25 percent of the weight of fish on board, whichever is less. The revised incidental catch limit is equivalent to that implemented in the original FMP (64 FR 54732; October 7, 1999). 7. Revision to Boundary Line for Category H Permit Holders This action revises the northern boundary line applicable to limited access monkfish Category H permit holders. These vessels were allowed to enter the fishery through an extension to the limited access monkfish program established in Amendment 2 to the FMP. Seven vessels qualified for Category H permits under this program. Under the provisions of the program contained in Amendment 2, these vessels were restricted to fishing in the area south of 38°20′ N. lat. These vessels have a limited season when monkfish are available during the late spring. In addition, these vessels are constrained by sea turtle closures that essentially restrict the fishery to an area that is 20 nautical miles (37 km) wide. In Framework 4, the Councils recommended that the northern boundary line applicable to limited access monkfish Category H vessels be shifted 20 nautical miles (37 km) northward to 38°40′ N. lat. to increase the opportunity for the affected vessels to participate in the monkfish fishery, and provide some additional area to move into, in the event that sea turtles appear in the area north of 38°00′ N. lat., which is the northern boundary of the sea turtle closure area. For the same reasons the Councils recommended the measure for inclusion in Framework 4, this action temporarily implements the measure to shift the northern boundary line applicable to limited access monkfish Category H vessels to 38°40′ N. lat. 8. Scallop Closed Area Access Program Monkfish Incidental Catch Limit Prior to the final approval of Framework 4, representatives from the scallop industry requested that the Councils clarify their intent with respect to the monkfish incidental catch limits applicable to scallop dredge vessels fishing in the Scallop Area Access Program, since changes to the program resulting from Scallop Framework 18 changed the monkfish incidental catch limit applicable to these areas. The final rule implementing Framework 18 to the Scallop FMP removed DAS counting for vessels fishing in Area Access Program. As a result, the monkfish possession limit dropped from 300 lb (136 kg) tail weight per scallop DAS, to 50 lb (23 kg) tail weight per day fished, up to a maximum of 150 lb (68 kg) tail weight in the access areas. Based on input from the scallop industry, the Councils proposed a measure in Framework 4 that would increase the monkfish possession limit applicable to limited access scallop vessels fishing in the Scallop Area Access Program to 300 lb (136 kg) tail weight per day fished within the access area, not to include steaming time. Available observer information from the scallop access areas indicates that these vessels typically do not catch a large amount of monkfish, but do tend to catch more, on average, than the current limit of 50 lb (23 kg) tail weight per day up to 150 lb (68 kg) tail weight per trip. Therefore, NMFS believes that temporarily implementing this Framework 4 measure in this interim rule will not increase monkfish fishing mortality resulting from limited access scallop vessels fishing in the Scallop Area Access Program, but will enable those monkfish being caught incidental to these scallop fishing activities to be landed. Comments and Responses Thirty-three comments were received during the comment period for the proposed rule for this action, including two from groups representing the fishing industry, one from each Council, and one from the State of Maine Division of Marine Fisheries (State of Maine). The remainder of the comments were submitted by members of the general public, including fishermen. In addition, several commenters expressed concerns that were not relevant to the proposed action. Since these concerns were not directed at the proposed measures or other aspects of this interim action, NMFS is not responding to these particular concerns in this preamble. *Comment 1:* One commenter expressed concerns over the status of the stock and stated that the annual monkfish quotas should be cut by 50 percent in FY 2007, and by 10 percent every year thereafter. *Response:* The target TAC for the NFMA that is being implemented in this temporary interim rule is 35 percent less than the target TAC in effect for FY 2006. This target TAC is considered to be conservative, cutting landings nearly in half compared to FY 2005 levels, and was developed by the Monkfish Plan Development Team
(PDT)based upon the best scientific information available. *Comment 2:* Twelve commenters expressed support for maintaining FY 2006 management measures for the SFMA, versus shutting down the directed fishery, until further information is available from the upcoming monkfish stock assessment. *Response:* NMFS agrees that the best option for this interim action is to maintain the current management measures in the SFMA until further information is available concerning the status of the monkfish resource. As noted in the preamble of this final rule, NMFS intends to conduct a monkfish stock assessment in July 2007. Once the results of this stock assessment are available, NMFS intends to make a final decision on Framework 4. *Comment 3:* Five commenters stated that they opposed a closure of the directed monkfish fishery in the SFMA during FY 2007, but did not express their support or lack of support for the proposed interim measures. *Response:* NMFS agrees that based on information currently available concerning the status the monkfish resource and the potential economic impacts associated with a closure of the directed monkfish fishery in the SFMA, a complete closure of the directed fishery is not necessary under this interim rule. Given the uncertainties surrounding the status of the monkfish resource in both management areas, NMFS believes that the most reasonable approach is to reduce fishing effort in the NFMA to the level recommended by the Councils in Framework 4, and maintain FY 2006 effort levels (excluding carryover) under this interim rule until a thorough evaluation of the monkfish resource can be conducted through a formal stock assessment. *Comment 4:* Fifteen commenters expressed their lack of support for the proposed interim measures. However, one of these commenters expressed support for implementing the proposed Framework 4 target TAC, trip limits, and DAS restrictions for the NFMA through an interim rule, while specifically opposing a closure of the directed fishery in the SFMA. *Response:* NMFS believes that it would not be appropriate to move forward with making a decision on Framework 4 prior to conducting an updated stock assessment. Monkfish is in year 7 of a 10-year rebuilding plan, but the 3-year running average biomass indices for both management areas are less than 50-percent of their respective biomass targets. As a result, NMFS believes that any increase in the target TAC for either management area above the status quo cannot be justified, which is what would occur in the SFMA if the Framework 4 target TAC were to be implemented. As noted in the response to Comment 3, NMFS believes that the measures being implemented in this interim rule are advisable from a biological perspective, while recognizing the economic impacts to the directed monkfish fishery that would result from a closure of the directed fishery in the SFMA. *Comment 5:* Eleven commenters expressed concern over the economic impacts associated with a closure of the directed fishery, with one commenter noting the importance of maintaining a monkfish fishery, even at a minimal level, to help maintain the markets that have been established for this fishery. *Response:* As noted in the responses to Comments 3 and 4, this interim rule intends to balance economic impact and the need for precautionary measures while a new stock assessment is concluded. Thus, this interim rule does not close the directed fishery. *Comment 6:* Three commenters noted the potential biological impacts to non-target species associated with a directed fishery closure resulting from a redirection of effort to other fisheries. *Response:* NMFS recognizes the potential impact to non-target species resulting from a redirection of fishing effort, and discusses this impact in section 5.1.1.6 of the EA/RIR/IRFA prepared for this action. However, the level of such a redirection of fishing effort, and commensurate impact on non-target species, cannot be reliably calculated, since it is difficult to predict future changes to fishing behavior in response to changes in regulations. *Comment 7:* Four commenters mentioned the potential biological impacts resulting from the discarding of monkfish over the incidental limit by vessels targeting scallops and NE multispecies, and also by vessels that continue to target monkfish under the incidental limit. *Response:* NMFS recognizes that a moratorium on directed fishing in the SFMA would likely result in an increase in the amount of monkfish caught incidental to other fishing activities, resulting from a redirection of fishing effort. NMFS also recognizes that a closure of the directed fishery in the SFMA could increase the targeting of monkfish under the incidental limit, potentially resulting in increased discards. The magnitude of this increase in incidental monkfish catch cannot be calculated, since it is difficult to predict fishermen's response to changing regulations, but it is expected that the negative biological impact of the increased incidental catch will be offset by the overall benefit to the stocks of dramatically reducing fishing effort. This discussion is also provided in section 5.1.1.6 of the EA/RIR/IRFA prepared for this action. *Comment 8:* Fifteen commenters expressed their discontent with the process by which NMFS is delaying final action on Framework 4 and implementing interim measures for the start of the fishing year, with three questioning the authority of NMFS to implement measures under Magnuson-Stevens Act interim rule authority, citing that the action proposed by the Councils is based on the best scientific information available. *Response:* NMFS asserts that, given the status of the monkfish resource, and only 3 years remaining in the rebuilding schedule, a delay in making a final determination on Framework 4 is an appropriate and responsible course of action. This interim rule reflects a precautionary approach to managing the monkfish fishery in anticipation of an updated stock assessment in July 2007. The Secretary of Commerce (Secretary) has been given the authority under section 305(c) of the Magnuson-Stevens Act to implement measures to address overfishing. Because the purpose of this rule is to implement measures to help end overfishing and rebuild the monkfish resource until more information is available concerning the status of the monkfish resource, this rulemaking is in accordance with the interim rule authority provided to the Secretary under the Magnuson-Stevens Act, and consistent with guidelines for implementing emergency and interim measures. *Comment 9:* Ten commenters mentioned the economic impacts associated with the sudden change in management measures for the start of FY 2007 from what was proposed by the Councils in Framework 4. One commenter specifically noted that the proposed rule announcing the proposed interim management measures occurred 40 days prior to the start of the fishing year, impacting the ability of vessels, shore side processors, and dock facilities, to make appropriate business decisions for the upcoming fishing year, resulting in severe economic impacts that were not factored into the economic impact analyses. *Response:* NMFS considered and analyzed the economic and social impacts associated with the timing of this rule in sections 5.3 and 5.4 of the EA/RIR/IRFA prepared for this action. In summary, the short-term economic and social impacts associated with implementing this interim rule were determined to be less substantial than the potential long-term economic and social impacts of allowing over-harvesting of the monkfish resource. *Comment 10:* One commenter expressed support for reducing the DAS carryover, noting that the Councils disapproved including this measure in Framework 4 due to the inability of NMFS to provide timely DAS allocation and usage information. *Response:* NMFS shares the commenter's concern over carryover DAS usage in the monkfish fishery, which is why the use of carryover DAS will be temporarily prohibited under this interim rule. NMFS also recognizes the industry's concern over timely and accurate DAS information, and is taking steps to improve the existing DAS monitoring system. *Comment 11:* Six commenters stated that a closure of the directed monkfish fishery with such little notice would potentially force them to retrieve their nets in bad weather, or discard monkfish caught in these nets if they were forced to retrieve their nets after such a closure went into effect. *Response:* NMFS understands the social and economic impacts that would result from the closure of the directed fishery in the SFMA, including the timing of the announcement of such a closure, and is not implementing a closure of the directed fishery in the SFMA in this interim rule. *Comment 12:* Six commenters stated that either a closure of the directed fishery or the proposed interim measures would force them to fish all or part of their season in the NFMA. *Response:* NMFS understands that the proposed interim measures for the SFMA or a closure of the directed fishery in the SFMA could shift some fishing effort to the NFMA. However, the magnitude of such a shift in fishing effort is dependent on the ability of individual vessels to move their fishing operations to areas where they have not fished historically, and is difficult to predict. Based upon the 2 years where fishing effort was constrained in the SFMA (FY 2004 and FY 2006), it does not appear that such a shift in effort would be substantial, especially given the constraints on fishing under a multispecies DAS in the NFMA, such as double-counting of multispecies DAS in the Gulf of Maine Differential Area, and the limited ability of vessels to target monkfish outside of a concurrent multispecies DAS in the NFMA. *Comment 13:* One comment was received regarding the length of the comment period on the interim rule. The commenter expressed concern over the 15-day comment period, suggesting that it would limit the ability of industry participants to provide feedback to the agency. *Response:* NMFS understands the commenter's concern regarding the length of the public comment period for this interim rule. However, the agency has a statutory obligation to ensure that management measures adequate to protect the monkfish resource and prevent overfishing are in place until the agency has sufficient information to make a determination about Framework 4. Any degree of overfishing will delay stock rebuilding and further threaten our ability to rebuild the stock within the Magnuson-Stevens Act mandated 10-year rebuilding time frame. Because the fishing year begins on May 1, 2007, and, without this interim rule, there would effectively be no controls on monkfish fishing in the NFMA, an abbreviated comment period was necessary to ensure the rule could be implemented on May 1, 2007. In part, this is why the agency is continuing to accept comments on the interim rule for an additional 30 days beyond its publication. NMFS will consider these additional comments when it determines an appropriate course of action to take if it becomes necessary to extend this interim rule beyond the initial 180 days. *Comment 14:* One commenter stated that the proposal to delay making a final decision on Framework 4 violated 16 U.S.C. § 1854(b), which is the Magnuson-Stevens Act requirement that the Secretary of Commerce issue final regulations within 30 days of the close of the comment period. *Response:* The Magnuson-Stevens Act requirement to issue final regulations within 30 days of the close of the public comment period applies only to FMPs and FMP amendments. The regulations that establish the requirements and process for the development and implementation of framework adjustments to the Monkfish FMP are found at § 648.96(c)(3)(ii)(B). These regulations stipulate that the measures shall be published as a final rule in the **Federal Register** only if the Regional Administrator concurs with the Councils' recommendation. There is no specific time requirement under the framework adjustment procedures in the Monkfish FMP by which NMFS must publish a final rule. Classification The Regional Administrator has determined that the management measures implemented by this interim final rule are necessary for the conservation and management of the monkfish fishery, and are consistent with the Magnuson-Stevens Act and other applicable laws. Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator
(AA)finds good cause to waive the 30-day delayed effectiveness for the measures implemented by this interim final rule. The need to implement these measures in a timely manner to help end overfishing in the monkfish fishery and rebuild the monkfish resource constitutes good cause under authority contained in 5 U.S.C. 553(d)(3), to establish an effective date less than 30 days after date of publication. This action establishes temporary measures (target TACs, trip limits, DAS) for the monkfish fishery for FY 2007 (May 1, 2007, to April 30, 2008) that are either more restrictive than or equivalent to the measures currently in effect for FY 2006. Failure to implement these measures in a timely manner would result in overfishing of the monkfish resource because it would delay implementation of the trip limits and DAS restrictions for vessels fishing in the NFMA that are necessary to prevent overfishing for up to 30 days beyond the start of the fishing year. Currently, vessels fishing in this management area are not subject to trip limits or monkfish DAS restrictions, and so during this delay in effectiveness, these vessels could continue to fish unabated. Therefore, any delay in implementation beyond the start of the fishing year would provide limited access monkfish vessels fishing in the NFMA with the ability to fish for monkfish under much less restrictive measures than those being implemented in this temporary interim rule, resulting in an increase in fishing effort and overfishing of the monkfish resource. Any over-harvest of the target TAC for the NFMA would result in negative impacts to the monkfish resource as a whole since stocks in both management areas are well behind the rebuilding schedules established in the FMP. Any degree of overfishing will delay stock rebuilding and further threaten our ability to rebuild the stock within the Magnuson-Stevens Act mandated 10-year rebuilding time frame. This action could not be implemented earlier due to timing of the final approval of Framework 4 by the Councils (November 2006 for the NEFMC and December 2006 for the MAFMC), which resulted in submission of this action by the NEFMC on January 11, 2007. Due to concerns over the status of the monkfish resource with respect to the rebuilding goals established in the FMP, NMFS modified its approach to the action and published a joint proposed rule on March 20, 2007, seeking public comment on Framework 4, and proposed interim measures for the start of FY 2007. In order to implement this final rule before the start of FY 2007 and prevent the overfishing of the monkfish resource that would occur during a delay in implementation, the AA finds that there is good cause to waive the 30-day delay in effectiveness. This interim final rule has been determined not to be significant for the purposes of Executive Order (E.O.) 12866. Final Regulatory Flexibility Analysis NMFS, pursuant to section 604 of the Regulatory Flexibility Act (RFA), prepared this FRFA in support of the measures being implemented through this interim action. The FRFA describes the economic impact that this interim final rule will have on small entities. This FRFA incorporates the IRFA, any comments received on the proposed rule, NMFS's responses to those comments, and the analyses completed to support the action. There are no Federal rules that may duplicate, overlap, or conflict with this interim final rule. A copy of the IRFA, RIR, and EA prepared for this action are available from NMFS, Northeast Regional Office, and are available on the Northeast Regional Office website (see ADDRESSES ). Statement of Objective and Need A description of why this action was considered, the objectives of, and the legal basis for this final rule are contained in the preamble to this interim final rule, the preamble of the proposed rule for this action, and in the EA prepared for this action and are not repeated here. In summary, this rule implements measures to reduce fishing effort in the NFMA in accordance with the measures proposed by the Councils in Framework 4, and maintains existing effort levels in the SFMA until a final determination can be made on Framework 4 once the results of an upcoming stock assessment are available. Summary of Significant Issues Raised in Public Comments Thirty-three public comments were received on the proposed rule, and although several comments made general statements regarding the economic impacts associated with this rule, none of the comments were specific to the economic analyses summarized in the IRFA. These comments and the agency's response to those comments are provided in the preamble of this final rule. Description and Estimate of Number of Small Entities to Which this Rule Will Apply All of the entities (fishing vessels) affected by this action are considered small entities under the Small Business Administration's size standards for small fishing businesses ($4.0 million in gross sales). Therefore, there are no disproportionate impacts between small and large entities associated with this temporary interim rule. As of October 13, 2006, there were 731 limited access monkfish permit holders and approximately 2,121 vessels holding an open access Category E monkfish permit. This action will affect all active limited access vessels, and any open access monkfish vessels that land monkfish from the NFMA. Vessel activity reports for FY 2005 indicate that 627 limited access monkfish permit holders participated in the monkfish fishery. Of these vessels, 150 fished exclusively in the NFMA and 226 fished exclusively in the SFMA, with the remaining 251 fishing in both management areas. During the same time period, vessel activity reports indicate that 570 incidental permit holders reported landing monkfish. Of these vessels, 163 landed monkfish only from the NFMA, 344 landed monkfish only from the SFMA, and 63 landed monkfish from both management areas. The measures being implemented in this interim rule will affect at least the 627 limited access vessels that fished for monkfish during FY 2005 and the 226 incidental permit holders landing monkfish from the NFMA. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements This action does not introduce any new reporting, recordkeeping, or other compliance requirements. Description of the Steps Taken to Minimize Economic Impacts on Small Entities This action largely builds upon Framework 4 measures for which numerous alternatives were considered. Due to the focused and short-term objectives of this action, NMFS only fully considered two target TAC alternatives (the proposed interim action and the No Action alternative) and three trip limit/DAS alternatives (the proposed action, a modification of the proposed action closing the directed monkfish fishery in the SFMA, and the No Action alternative). Also included in this action are two alternatives to require the use of monkfish DAS in the NFMA; the proposed action to require the use of a monkfish DAS if a limited access monkfish vessel exceeds the incidental catch limit, and No Action (i.e., no monkfish DAS requirement). Finally, NMFS considered the same alternatives considered by the Councils in Framework 4 for the remaining three measures being temporarily implemented in this rule: A revision to the monkfish incidental catch limit in the NFMA; a revision to the boundary line for limited access monkfish Category H permit holders; and a revision to the monkfish incidental catch limit applicable to limited access scallop vessels fishing in the Scallop Area Access Program. The proposed target TAC, trip limits, and DAS requirements for the NFMA are expected to result in a reduction in monkfish revenues ranging from 18.6 percent for vessels fishing only in the NFMA, to 12.6 percent for vessels fishing in both management areas. The No Action target TAC alternative for the NFMA, which results in a lower target TAC than the proposed action, could result in a greater economic impact on small entities under the proposed action to implement DAS restriction and trip limits in the NFMA. However, the combination of the No Action target TAC alternative for the NFMA with the No Action DAS and trip limit alternatives would not result in any economic impacts to vessels fishing in the NFMA, since vessels fishing in this area would not be subject to trip limits or DAS restrictions. Although the combination of these No Action alternatives would result in a reduced target TAC for the NFMA, it would provide no means by which to ensure that this target TAC is not exceeded, making this combination of alternatives inconsistent with the objectives of the FMP. The proposed target TAC, trip limits, and DAS restrictions for the SFMA are less restrictive under the No Action alternative than the proposed action. However, because the No Action alternative would result in increased fishing mortality over the proposed action, it does not meet the objectives of this action, and was, therefore, rejected. The other alternative, to close the directed fishery in the SFMA, was also rejected since it would result in economic impacts that are more severe than deemed necessary to meet the objectives if this action. As noted above, the other measures considered and analyzed in this interim rule were measures that were also considered and analyzed by the Councils in Framework 4. The alternative to reduce the monkfish incidental catch limit in the NFMA would impact less than 25 percent of all trips by monkfish vessels fishing in the NFMA, based upon landings and effort data from FY 2005, but would have a greater impact on limited access Category A and C vessels, since these vessels had a higher percentage of trips in excess of the proposed trip limit during FY 2005. However, these vessels will have monkfish DAS to utilize in the NFMA under which they could land monkfish in excess of the proposed incidental catch limit, mitigating the economic impact of this measure. The measures extending the northern boundary applicable to limited access monkfish Category H vessels, and increasing the trip limit applicable to limited access scallop vessels fishing in the Scallop Access Area Program, are both less restrictive than their respective No Action alternatives, thereby having less of an economic impact. Finally, the proposed action to eliminate the use of carryover DAS during the period of this interim rule would have a negative economic impact in comparison to the No Action alternative. However, the use of carryover DAS during the interim period could cause the target TACs for one or both management areas to be exceeded, which does not coincide with the objectives of the interim rule to help end overfishing and rebuild the monkfish resource in accordance with FMP objectives. As a result, the No Action DAS carryover alternative was rejected. Small Entity Compliance Guide Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a FRFA, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as “small entity compliance guides.” The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, a small entity compliance guide was prepared. The guide will be sent to all vessels issued a limited access or open access monkfish permit, and to all Federal dealers issued a monkfish permit. In addition, copies of this final rule and guide (i.e., permit holder letter) are available from the Regional Administrator and are also available on the Northeast Regional Office website (see ADDRESSES ). List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: April 23, 2007. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 648 is amended as follows: PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: Authority: 16 U.S.C. 1801 *et seq.* 2. In § 648.4, paragraphs (a)(9)(i)(A)( *6* ) and ( *7* ) are suspended and paragraphs (a)(9)(i)(A)( *8* ) and ( *9* ) are added to read as follows: § 648.4 Vessel permits.
(a)* * *
(9)* * *
(i)* * *
(A)* * * ( *8* ) *Category G permit (vessels restricted to fishing south of 38°40' N. lat. as described in § 648.92(b) that do not qualify for a limited access monkfish Category A, B, C, or D permit)* . The vessel landed at least 50,000 lb (22,680 kg) tail weight or 166,000 lb (75,296 kg) whole weight of monkfish in the area south of 38° 00′ N. lat. during the period March 15 through June 15 in the years 1995 to 1998. ( *9* ) *Category H permit (vessels restricted to fishing south of 38°40′ N. lat. as described in § 648.92(b) that do not qualify for a limited access monkfish Category A, B, C, or D permit)* . The vessel landed at least 7,500 lb (3,402 kg) tail weight or 24,900 lb (11,294 kg) whole weight of monkfish in the area south of 38° 00′ N. lat. during the period March 15 through June 15 in the years 1995 to 1998. 3. In § 648.14, paragraph (y)(7) is suspended and paragraph (y)(22) is added to read as follows: § 648.14 Prohibitions.
(y)* * *
(22)Fail to comply with the area restrictions applicable to limited access G and H vessels specified under § 648.92(b)(11). 4. In § 648.92, paragraphs (a)(1), (b)(1), and (b)(9) are suspended and paragraphs (b)(10) and (b)(11) are added to read as follows: § 648.92 Effort-control program for limited access monkfish vessels.
(b)* * *
(10)*Limited access monkfish permit holders.* —(i) *General provision.* Limited access monkfish permit holders shall be allocated 31 monkfish DAS for FY 2007 to be used in accordance with the restrictions of this paragraph (b), unless otherwise restricted by paragraph (b)(10)(ii) of this section, or unless the vessel is enrolled in the Offshore Fishery Program in the SFMA, as specified in paragraph (b)(10)(iii) of this section. The annual allocation of monkfish DAS shall be reduced by the amount calculated in paragraph (b)(1)(iv) of this section for the research DAS set-aside. Limited access NE multispecies and limited access sea scallop permit holders who also possess a limited access monkfish permit must use a NE multispecies or sea scallop DAS concurrently with each monkfish DAS utilized, except as provided in paragraph (b)(2) of this section, unless otherwise specified under this subpart F.
(ii)*DAS restrictions for vessels fishing in the SFMA.* Limited access monkfish vessels may only use 12 of their 31 monkfish DAS allocation in the SFMA. All limited access monkfish vessels fishing in the SFMA must declare that they are fishing in this area through the vessel call-in system or VMS prior to the start of every trip. In addition, if a vessel does not possess a valid letter of authorization from the Regional Administrator to fish in the NFMA as described in § 648.94(f), NMFS shall presume that any monkfish DAS used were fished in the SFMA.
(iii)*Offshore Fishery Program DAS allocation.* A vessel issued a Category F permit, as described in § 648.95, shall be allocated a prorated number of monkfish DAS as specified in § 648.95(g)(2).
(iv)*Research DAS set-aside.* A total of 500 DAS shall be set aside and made available for cooperative research programs as described in paragraph of this section. These DAS shall be deducted from the total number of DAS allocated to all limited access monkfish permit holders, as specified under paragraph (b)(10)(i) of this section. A per vessel deduction shall be determined as follows: Allocated DAS minus the quotient of 500 DAS divided by the total number of limited access permits issued in the previous fishing year. For example, if the DAS allocation equals 31 DAS and there were 750 limited access monkfish permits issued during FY 2006, the number of DAS allocated to each vessel during FY 2007 would be 31 DAS minus 0.7 (500 DAS, divided by 750 permits), or 30.3 DAS.
(11)*Category G and H limited access permit holders.*
(i)Vessels issued limited access monkfish Category G or H permits may fish under a monkfish DAS only in the area south of 38°40′ N. lat.
(ii)Vessels issued a valid limited access monkfish Category G or H permit that also possess a limited access NE multispecies or limited access scallop permit are subject to the same provisions as Category C or D vessels, respectively, unless otherwise stated under this subpart F. 5. In § 648.94, paragraphs (b)(1)-(5), (c)(1), and (c)(8) are suspended and paragraphs (b)(7)-(11), (c)(9), and (c)(10) are added to read as follows: § 648.94 Monkfish possession and landing restrictions.
(b)* * *
(7)*Vessels fishing under the monkfish DAS program in the NFMA* —(i) *Category A and C vessels.* Limited access monkfish Category A and C vessels that fish under a monkfish DAS exclusively in the NFMA may land up to 1,250 lb (567 kg) tail weight or 4,150 lb (1,882 kg) whole weight of monkfish per DAS (or any prorated combination of tail weight and whole weight based on the conversion factor for tail weight to whole weight of 3.32).
(ii)*Category B and D vessels.* Limited access monkfish Category B and D vessels that fish under a monkfish DAS exclusively in the NFMA may land up to 470 lb (213 kg) tail weight or 1,560 lb (708 kg) whole weight of monkfish per DAS (or any prorated combination of tail weight and whole weight based on the conversion factor for tail weight to whole weight of 3.32).
(8)*Vessels fishing under the monkfish DAS program in the SFMA* —(i) *Category A, C, and G vessels.* Limited access monkfish Category A, C, and G vessels that fish under a monkfish DAS in the SFMA may land up to 550 lb (249 kg) tail weight or 1,826 lb (828 kg) whole weight of monkfish per DAS (or any prorated combination of tail weight and whole weight based on the conversion factor for tail weight to whole weight of 3.32).
(ii)*Category B, D, and H vessels.* Limited access monkfish Category B, D, and H vessels that fish under a monkfish DAS in the SFMA may land up to 450 lb (204 kg) tail weight or 1,494 lb (678 kg) whole weight of monkfish per DAS (or any prorated combination of tail weight and whole weight based on the conversion factor for tail weight to whole weight of 3.32).
(iii)*Category F vessels.* Vessels issued a Category F permit are subject to the possession and landing restrictions specified at § 648.95(g)(1).
(9)*Category C, D, F, G and H vessels fishing under the multispecies DAS program* —(i) *NFMA.* Limited access monkfish Category C, D, F, G, or H vessels that are fishing under a NE multispecies DAS, and not a monkfish DAS, exclusively in the NFMA are subject to the incidental catch limit specified in paragraph (c)(9)(i) of this section. Category C, D, F, G, and H vessels participating in the Northeast Multispecies Regular B DAS program, as specified under § 648.85(b)(6), are also subject to the incidental catch limit specified in paragraph (c)(9)(i) of this section.
(ii)*SFMA* —(A) *Category C, D, and F vessels.* Limited access monkfish Category C, D, or F vessels that fish any portion of a trip under a NE multispecies DAS in the SFMA, and not a monkfish DAS, may land up to 300 lb (136 kg) tail weight or 996 lb (452 kg) whole weight of monkfish per DAS if trawl gear is used exclusively during the trip, or 50 lb (23 kg) tail weight or 166 lb (75 kg ) whole weight per DAS if gear other than trawl gear is used at any time during the trip. Category C, D, and F vessels participating in the Northeast Multispecies Regular B DAS program, as specified under § 648.85(b)(6), are also subject to the incidental catch limit specified in paragraph (c)(9)(ii) of this section.
(B)*Category G, and H vessels.* Limited access monkfish Category G and H vessels that fish any portion of a trip under a NE multispecies DAS in the SFMA, and not under a monkfish DAS, are subject to the incidental catch limit specified in paragraph (c)(9)(ii) of this section. Category G and H vessels participating in the Northeast Multispecies Regular B DAS program, as specified under § 648.85(b)(6), are also subject to the incidental catch limit specified in paragraph (c)(9)(ii) of this section.
(iii)*Transiting.* A vessel that harvested monkfish in the NFMA may transit the SFMA and possess monkfish in excess of the SFMA landing limit, provided such vessel complies with the provisions of § 648.94(e).
(10)*Category C, D, F, G, or H vessels fishing under the scallop DAS program.* A Category C, D, F, G, or H vessel fishing under a scallop DAS may land up to 300 lb (136 kg) tail weight or 996 lb (452 kg) whole weight of monkfish per DAS (or any prorated combination of tail weight and whole weight based on the conversion factor for tail weight to whole weight of 3.32).
(11)*Category C, D, F, G, or H scallop vessels declared into the monkfish DAS program without a dredge on board, or not under the net exemption provision.* Category C, D, G, or H vessels that have declared into the monkfish DAS program and that do not fish with or have a dredge on board, or that are not fishing with a net under the net exemption provision specified in § 648.51(f), are subject to the same landing limits as specified in paragraphs (b)(7) and (b)(8) of this section, or the landing limit specified in § 648.95(g)(1), if issued a Category F permit. Such vessels are also subject to provisions applicable to Category A and B vessels fishing only under a monkfish DAS, consistent with the provisions of this part.
(c)* * *
(9)*Vessels fishing under a NE multispecies DAS* —(i) *NFMA.* Vessels issued a valid monkfish incidental catch (Category E) permit or a valid limited access Category C, D, F, G, or H permit, fishing under a NE multispecies DAS exclusively in the NFMA may land up to 300 lb (136 kg) tail weight or 996 lb (452 kg) whole weight of monkfish per DAS, or 25 percent (where the weight of all monkfish is converted to tail weight) of the total weight of fish on board, whichever is less. For the purpose of converting whole weight to tail weight, the amount of whole weight possessed or landed is divided by 3.32.
(ii)*SFMA.* If any portion of the trip is fished by a vessel issued a monkfish incidental catch (Category E) permit, or issued a valid limited access Category G or H permit, under a NE multispecies DAS in the SFMA, the vessel may land up to 50 lb (23 kg) tail weight or 166 lb (75 kg) whole weight of monkfish per DAS (or any prorated combination of tail weight and whole weight based on the conversion factor).
(10)*Scallop vessels not fishing under a scallop DAS with dredge gear* —(i) *General provisions.* A vessel issued a valid monkfish incidental catch (Category E) permit and a valid General Category sea scallop permit or a limited access sea scallop vessel not fishing under a scallop DAS, while fishing exclusively with scallop dredge gear as specified in § 648.51(b), may possess, retain, and land up to 50 lb (23 kg) tail weight or 166 lb (75 kg) whole weight of monkfish per day or partial day, not to exceed 150 lb (68 kg) tail weight or 498 lb (226 kg) whole weight per trip, unless otherwise specified in paragraph (c)(10)(ii) of this section.
(ii)*Limited access scallop vessels fishing in Sea Scallop Access Areas.* A vessel issued a valid monkfish incidental catch (Category E) permit and a limited access sea scallop permit while fishing exclusively with scallop dredge gear as specified in § 648.51(b), and fishing in one of the established Sea Scallop Access Areas specified under § 648.59, may possess, retain, and land up to 300 lb (136 kg) tail weight or 996 lb (452 kg) whole weight of monkfish per day or partial day fished within the boundaries of the Sea Scallop Access Area. Time within the applicable access area, for purposes of determining the incidental catch limit, will be determined through the vessel's VMS unit. 6. In § 648.95, paragraphs (a)(2), (g)(2), and (g)(3) are suspended and paragraphs (a)(4), (g)(4), and (g)(5) are added to read as follows: § 648.95 Offshore Fishery Program in the SFMA.
(a)* * *
(4)When not fishing on a monkfish DAS, a Category F vessel may fish under the regulations applicable to the monkfish incidental catch (Category E) permit, specified under § 648.94 . When fishing on a NE multispecies DAS in the NFMA, a Category F vessel that also possesses a NE multispecies limited access permit is subject to the possession limits applicable to vessels issued an incidental catch permit as described in § 648.94(c)(9)(i).
(g)* * *
(4)The monkfish DAS allocation for vessels issued a Category F permit shall be equal to the trip limit applicable to the vessel's limited access monkfish permit category divided by the fixed daily possession limit specified in paragraph (g)(1) of this section, and then multiplied by the DAS allocation for limited access monkfish vessels fishing in the SFMA and not issued Category F permits, specified under § 648.92(b)(10)(ii). For example, if a vessel has a limited access monkfish Category C permit, and the applicable trip limit is 550 lb (363 kg) for this category, and the vessel has an annual allocation of 12 monkfish DAS for the SFMA, then the monkfish DAS allocated to that vessel when issued a Category F permit would be 4.13 monkfish DAS (550 lb divided by 1,600 lb, multiplied by 12 monkfish DAS, equals 4.13 DAS).
(5)Vessels issued a Category F permit that are fishing under a NE multispecies DAS in the NFMA are subject to the incidental catch limit specified in paragraph (c)(9)(i) of this section. 7. In § 648.96, paragraphs (a), (b)(1)-(4) are suspended and paragraphs (b)(5)-(7) are added to read as follows: § 648.96 Monkfish annual adjustment process and framework specifications.
(b)* * *
(5)*Annual review process.* The Monkfish Monitoring Committee
(MFMC)shall meet on or before November 15 of each year to develop options for the upcoming fishing year, as needed, and options for NEFMC and MAFMC consideration on any changes, adjustment, or additions to DAS allocations, trip limits, size limits, or other measures necessary to achieve the Monkfish FMP's goals and objectives. The MFMC shall review available data pertaining to discards and landings, DAS, and other measures of fishing effort; stock status and fishing mortality rates; enforcement of and compliance with management measures; and any other relevant information.
(6)*Annual Target TACs for FY 2007* —(i) *NFMA.* The annual target TAC for the NFMA is 5,000 mt for FY 2007, unless otherwise recommended by the MFMC through its annual review procedure specified in paragraph (b)(5) of this section, and adopted through the procedures outlined in paragraph (b)(7) of this section.
(ii)*SFMA.* The annual target TAC for the SFMA is 3,667 mt for FY 2007, unless otherwise recommended by the MFMC through its annual review procedure specified in paragraph (b)(5) of this section, and adopted through the procedures outlined in paragraph (b)(7) of this section.
(7)*Council TAC recommendations.* The Councils shall consider any target TAC(s) and/or other management measures recommended by the MFMC as part of its annual review specified in paragraph (b)(5) of this section, and then forward their recommendation to the Regional Administrator. If the Councils recommend target TAC(s) and/or other management measures to the Regional Administrator, and the Regional Administrator concurs with this recommendation, the Regional Administrator shall promulgate the target TAC(s) and/or management measures through rulemaking consistent with the APA. If the Regional Administrator does not concur with the Councils' recommendation, then the Councils shall be notified in writing of the reasons for the non-concurrence. [FR Doc. E7-8117 Filed 4-26-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213032-7032-01; I.D. 042307B] Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish, Pacific Ocean Perch, and Pelagic Shelf Rockfish in the Western Regulatory Area and West Yakutat District of the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for northern rockfish, Pacific ocean perch, and pelagic shelf rockfish for catcher vessels subject to sideboard limits established under the Central GOA Rockfish Program in the Western Regulatory Area and West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the sideboard limits of northern rockfish, Pacific ocean perch, and pelagic shelf rockfish established for catcher vessels in the Western Regulatory Area and West Yakutat District of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2007, through 2400 hrs, A.l.t., July 31, 2007. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska
(FMP)prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2007 sideboard limits established for catcher vessels subject to sideboard limits in the Central GOA Rockfish Program in the West Yakutat District are 33 mt for Pacific ocean perch and 5 mt for pelagic shelf rockfish. The 2007 sideboard limit established for catcher vessels subject to sideboard limits in the Central GOA Rockfish Program in the Western Regulatory Area are zero mt. The sideboard limits are established by the 2007 and 2008 harvest specifications for groundfish of the GOA (72 FR 9676, March 5, 2007). In accordance with § 679.82(d)(7)(ii), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the directed fishing sideboard limits have been reached for northern rockfish, Pacific ocean perch, and pelagic shelf rockfish established for catcher vessels subject to sideboard limits in the Central GOA Rockfish Program in the Western Regulatory Area and West Yakutat District of the GOA. Consequently, NMFS is prohibiting directed fishing for northern rockfish, Pacific ocean perch, and pelagic shelf rockfish for catcher vessels subject to sideboard limits in the Central GOA Rockfish Program in the Western Regulatory Area and West Yakutat District of the GOA, effective 1200 hrs, A.l.t, July 1, 2007, through 2400 hrs, A.l.t., July 31, 2007. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and
(f)apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. Pursuant to 5 U.S.C. 553 (b)(B), the Assistant Administrator for Fisheries, NOAA
(AA)finds good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment is unnecessary. Notice and comment is unnecessary because the closure is non-discretionary; pursuant to § 679.82(d)(7)(ii), the Regional Administrator has no choice but to prohibit directed fishing once it is determined that the directed fishing sideboard limit has been attained. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.82 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: April 23, 2007. James P. Burgess Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-8123 Filed 4-26-07; 8:45 am] BILLING CODE 3510-22-S 72 81 Friday April 27, 2007 Proposed Rules NUCLEAR REGULATORY COMMISSION 10 CFR Part 71 [Docket No. PRM-71-13] Christine O. Gregoire, Governor of the State of Washington; Receipt of Petition for Rulemaking AGENCY: Nuclear Regulatory Commission. ACTION: Petition for rulemaking; notice of receipt. SUMMARY: The Nuclear Regulatory Commission
(NRC)is publishing for public comment a notice of receipt of a petition for rulemaking, dated January 25, 2007, which was filed with the Commission by Christine O. Gregoire, Governor of the State of Washington. The petition was docketed by the NRC on March 15, 2007, and has been assigned Docket No. PRM-71-13. The petitioner requests that the NRC adopt the use of global positioning satellite
(GPS)tracking as a national requirement for mobile or portable uses of highly radioactive sources. The petitioner states that another alternative is for the Commission to grant states the flexibility to impose more stringent requirements than those required under current NRC regulations. DATES: Submit comments by July 11, 2007. Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date. ADDRESSES: You may submit comments on this petition by any one of the following methods. Please include PRM-71-13 in the subject line of your comments. Comments on petitions submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. *Mail comments to:* Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff. *E-mail comments to:* *SECY@nrc.gov.* If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at
(301)415-1966. You may also submit comments via the NRC's rulemaking Web site at *http://ruleforum.llnl.gov.* Address questions about our rulemaking Web site to Carol Gallagher
(301)415-5905; e-mail *cag@nrc.gov.* Comments can also be submitted via the Federal eRulemaking Portal *http://www.regulations.gov.* *Hand deliver comments to:* 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone
(301)415-1966). *Fax comments to:* Secretary, U.S. Nuclear Regulatory Commission at
(301)415-1101. Publicly available documents related to this petition may be viewed electronically on the public computers located at the NRC's Public Document Room (PDR), Room O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction contractor will copy documents for a fee. Selected documents, including comments, may be viewed and downloaded electronically via the NRC rulemaking Web site at *http://ruleforum.llnl.gov.* Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, the public can gain entry into the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the PDR Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to *pdr@nrc.gov.* A copy of the petition can be found in ADAMS under accession number ML070810940. A paper copy of the petition may be obtained by contacting Betty Golden, Office of Administration, Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-6863, toll-free 1-800-368-5642, or by e-mail *bkg2@nrc.gov.* FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Telephone: 301-415-7163 or toll-free: 1-800-368-5642. SUPPLEMENTARY INFORMATION: Petitioner's Request The petitioner requests that the NRC adopt the use of global positioning satellite
(GPS)tracking as a national requirement for mobile or portable uses of highly radioactive sources. The petitioner also states that an alternative is for the Commission to grant states the flexibility to impose more stringent requirements than those required under current NRC regulations. The petitioner believes that allowing states to do so would clear the way for individual states to set GPS requirements as needed. Background The petitioner believes that GPS technology is an effective and relatively inexpensive tool that will help when a vehicle with radioactive material is missing. The petitioner stated that a source in a portable gauge was quickly recovered because the licensee had provided a cellular phone with a GPS tracking feature to its operator. When the operator did not return with the portable gauge, the licensee was able to locate the cell phone, the operator, the truck, and the portable gauge. The petitioner further states that if a device as small as a cell phone can be GPS-enabled, certainly a truck or even a radiography device can be similarly equipped. The petitioner states that in August 2006, a truck containing an industrial radiography source was stolen in Everett, Washington. The truck and its highly radioactive contents were recovered quickly, but it took significant efforts by Federal, state and local law enforcement agencies. The petitioner further states that this event and a similar occurrence in Garland, Texas, illustrate that better systems are needed to recover stolen vehicles that transport highly radioactive materials. The petitioner notes that the State of Washington cannot require licensees or any other out-of-state licensee to install GPS devices in its vehicles because of the NRC rules on compatibility and the potential effect on interstate commerce. Therefore, the petitioner requests that NRC consider adopting the use of GPS tracking as a national requirement for mobile or portable uses of highly radioactive sources. The petitioner further notes that a possible alterative would be to grant states the flexibility to impose more stringent requirements than those required under current NRC regulations. The petitioner acknowledges that requiring a GPS on these vehicles does not ensure that the radiological source will be found. However, the petitioner believes that these suggestions would give law enforcement a significant advantage. Dated at Rockville, Maryland, this 20th day of April 2007. For the Nuclear Regulatory Commission. Andrew L. Bates, Acting Secretary of the Commission. [FR Doc. E7-8094 Filed 4-26-07; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27519; Directorate Identifier 2007-NE-09-AD] RIN 2120-AA64 Airworthiness Directives; SICMA Aero Seat 50XXX Passenger Seats AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive
(AD)for the products listed above. This proposed AD results from mandatory continuing airworthiness information
(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: A release of smoke was experienced in the passenger compartment during flight after an overheating of a reading lights power box of a PN 5039201-4T SICMA seat. An analysis put into evidence that this overheating was caused by a short-circuit produced by the rupture of an electrical power supply component (PN 78147-B). It has been noticed that this power supply is not in compliance with DO 160 environmental standard. The short circuiting could result in arcing and consequent smoke or fire. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by May 29, 2007. ADDRESSES: You may send comments by any of the following methods: • *DOT Docket Web Site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Fax:*
(202)493-2251. • *Mail:* Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Federal eRulemaking Portal:* *http://www.regulations.gov.* Follow the instructions for submitting comments. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone
(800)647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Jeffrey Lee, Aerospace Engineer, Boston Aircraft Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *Jeffrey.lee@faa.gov;* telephone
(781)238-7161; fax
(781)238-7170. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This proposed AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The proposed AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-27519; Directorate Identifier 2007-NE-09-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The Direction Generale De L'Aviation Civile (DGAC), which is the aviation authority for France, has issued French Airworthiness Directive F-2005-135, dated August 3, 2005, (EASA reference number 2005-6123) (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: A release of smoke was experienced in the passenger compartment during flight after an overheating of a reading lights power box of a PN 5039201-4T SICMA seat. An analysis put into evidence that this overheating was caused by a short-circuit produced by the rupture of an electrical power supply component (PN 78147-B). It has been noticed that this power supply is not in compliance with DO 160 environmental standard. The short circuiting could result in arcing and consequent smoke or fire. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information SICMA Aero Seat has issued Service Bulletin No. 50-25-210, dated June 27, 2005. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information reference above. We are proposing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the proposed AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this proposed AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the proposed AD. These requirements, if ultimately adopted, will take precedence over the actions copied from the MCAI. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 16,108 seats on airplanes of U.S. registry. We also estimate that it would take about .33 work-hours per product to comply with this proposed AD. The average labor rate is $80 per work-hour. Required parts would cost about $3,475 per seat. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $56,400,551, or $3,501 per seat. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed Ad would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect 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. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD. **SICMA Aero Seat:** Docket No. FAA-2007-27519; Directorate Identifier 2007-NE-09-AD. Comments Due Date
(a)We must receive comments by May 29, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Sicma Aero Seat 50XXX passenger seats with part numbers listed in the following Table 1: Table 1.—Applicability Single seats Part Number Twin seats Part Number 50692( )-( ) 50A71( )-( ) 50442( )-( ) 50A81( )-( ) 50752( )-( ) 50401( )-( ) 50402( )-( ) 50451( )-( ) 50462( )-( ) 50391( )-( ) 50392( )-( ) 50452( )-( ) 50382( )-( ) 50A02( )-( ) 50A72( )-( ) 50A82( )-( ) These seats are installed on, but not limited to, Boeing 747, 767, 777 series, and Airbus A330 and A340 series airplanes. Reason
(d)Direction General De L' Aviation Civile
(DGAC)Airworthiness Directive F-2005-135, dated August 3, 2005, states: A release of smoke was experienced in the passenger compartment during flight after an overheating of a reading lights power box of a PN 5039201-4T SICMA seat. An analysis put into evidence that this overheating was caused by short-circuit produced by the rupture of an electrical power supply component (PN 78147-B). It has been noticed that this power supply is not in compliance with DO 160 environmental standard. The short circuiting could result in arcing and consequent smoke or fire. Actions and Compliance
(e)Unless already done, within six months from the effective date of this AD, identify the seats part numbers listed in the Table 1 of this AD and replace installed reading lights electrical power supplies with new ones using the instructions of the SICMA Aero Seat Service Bulletin No. 50-25-210, dated June 27, 2005. FAA AD Differences
(f)None. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Boston Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to DGAC Airworthiness Directive F-2005-135, dated August 3, 2005, (EASA reference number 2005-6123) and SICMA Aero Seat Service Bulletin No. 50-25-210, dated June 27, 2005, for related information.
(i)Contact Jeffrey Lee, Aerospace Engineer, Boston Aircraft Certification Office, FAA, Engine and Propeller Directorate; 12 New England Executive Park, Burlington, MA 01803, e-mail *Jeffrey.lee@faa.gov;* telephone 781-238-7161; fax 781-238-7170, for more information about this AD. Issued in Burlington, Massachusetts, on April 18, 2007. Francis A. Favara, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 07-2047 Filed 4-26-07; 8:45 am]
Connectionstraces to 41
Traces to 41 documents
CFR
- Designation of applicable regulations.§ 21.101
- The FOIA Exemption 6: Clearly unwarranted invasion of personal privacy.§ 402.140
- Use of ozone-depleting substances in foods, drugs, devices, or cosmetics.§ 2.125
- Confidentiality of data and information in a new animal drug application file.§ 514.11
- Animal drugs.§ 25.33
- Delegation of rulemaking authority.§ 1.05-1
- Implementation plan revision.§ 51.390
- What size standards has SBA identified by North American Industry Classification System codes?§ 121.201
- May I address the unsafe condition in a way other than that set out in the airworthiness directive?§ 39.19
U.S. Code
- Federal Aviation Administration§ 106
- Records maintained on individuals§ 552a
- Purposes§ 3501
- Evidence, procedure, and certification for payments§ 405
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Establishment of central file; information from other departments and agencies§ 1360
- Confidentiality and disclosure of returns and return information§ 6103
- Filing of notice of claim§ 923
- New animal drugs§ 360b
- EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL GOVERNMENT RECORDS.§ 804
- Rule making§ 553
- Avoidance of duplicative or unnecessary analyses§ 605
- Establishment, functions, and activities§ 272
- Transferred§ 1226
- Transferred§ 191
- Definitions§ 601
- SHORT TITLE.§ 801
- Congressional findings and declaration of purpose§ 7401
- Initial regulatory flexibility analysis§ 603
- Nonroad engines and vehicles§ 7547
- Administrative proceedings and judicial review§ 7607
- Action by Secretary§ 1854
- Findings, purposes and policy§ 1801
register
35 references not yet in our index
- 14 CFR 25
- 14 CFR 36
- 14 CFR 34
- 20 CFR 401
- Pub. L. 107-347
- 779 F.2d 74
- 453 F. Supp. 798
- 20 CFR 403
- 21 CFR 2
- 21 CFR 520
- 21 CFR 20
- 5 USC 801-808
- 33 CFR 165
- 5 USC 601-612
- Pub. L. 104-121
- 44 USC 3501-3520
- 2 USC 1531-1538
- 42 USC 4321-4370f
- Pub. L. 107-295
- 40 CFR 52
- 40 CFR 93
- 40 CFR 93.105
- 40 CFR 93.122(a)(4)(ii)
- 40 CFR 93.125(c)
- Pub. L. 104-4
- 40 CFR 94
- 40 CFR 2
- 40 CFR 9
- Pub. L. 104-113
- 42 USC 7401-7671q
- 50 CFR 648
- 50 CFR 679
- 50 CFR 600
- 10 CFR 71
- 14 CFR 39
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