Unknown. Interim final rule with request for comments
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/register/2007/05/07/07-2246·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-2007-05-07.xml --- 72 87 Monday, May 7, 2007 Contents Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agency Agency for Healthcare Research and Quality NOTICES Committees; establishment, renewal, termination, etc.: Healthcare Research and Quality National Advisory Council, 25766-25767 07-2239 Meetings: Health Care Policy and Research Special Emphasis Panel, 25767 07-2238 AID Agency for International Development NOTICES Meetings:
Voluntary Foreign Aid Advisory Committee, 25736 E7-8667 Agricultural Agricultural Marketing Service RULES Onions grown in South Texas, 25677-25680 E7-8626 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Business-Cooperative Service Antitrust Antitrust Division NOTICES National cooperative research notifications: AAF Association, Inc., 25780 07-2227 Digital Body Development System, 25781 07-2233 Global Climate and Energy Project, 25781 07-2229 IMS Global Learning Consortium, Inc., 25781 07-2228 Institute of Electrical and Electronics Engineers, 25781-25782 07-2226 Open SystemC Initiative, 25782 07-2232 Southwest Research Institute, 25782-25783 07-2230 07-2231 Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 25740 E7-8627 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:
Jamestown Island, VA, 25686-25688 07-2246 Regattas and marine parades: Seattle Yacht Club's Opening Day Marine Parade, 25685-25686 E7-8606 PROPOSED RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Chicago Harbor, Chicago, IL, 25720-25723 E7-8605 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 25738-25740 E7-8628 E7-8631 E7-8632 Defense Defense Department PROPOSED RULES Military recruiting and Reserve Officer Training Corps program access to institutions of higher learning, 25713-25720 E7-8662 NOTICES Meetings;
Sunshine Act, 25752-25753 07-2258 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 25753-25756 E7-8650 E7-8651 E7-8652 E7-8653 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 25756 07-2280 Energy Energy Department NOTICES Reports and guidance documents; availability, etc.: National interest electric transmission corridor designations; comment request, 25838-25923 07-2115 EPA Environmental Protection Agency RULES Grants and other Federal assistance:
Tribal Clean Air Act authority— Four Corners Power Plant; Navajo Indian Reservation, NM; source-specific Federal implementation plan, 25698-25708 E7-8530 NOTICES Reports and guidance documents; availability, etc.: Great Lakes Initiative Toxicity Data Clearinghouse; online availability, 25756 E7-8655 Export Export-Import Bank NOTICES Meetings: Export-Import Bank Advisory Committee, 25756-25757 07-2235 FAA Federal Aviation Administration PROPOSED RULES Area navigation routes, 25712-25713 E7-8603 NOTICES Environmental statements; availability, etc.:
St. Marys Airport, GA; replacement airport, 25831 07-2209 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 25757 E7-8643 E7-8644 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications; vision requirement exemptions, 25831-25833 E7-8637 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 25757 E7-8647 Fish Fish and Wildlife Service RULES Alaska National Interest Lands Conservation Act;
Title VIII implementation (subsistence priority): Nonrural determinations, 25688-25698 07-2205 NOTICES Environmental statements; notice of intent: Palmyra Atoll and Kingman Reef National Wildlife Refuges, HI; comprehensive conservation plan; meeting, 25771-25773 E7-8756 Migratory bird electronic hunting and conservation stamps (electronic Federal Duck Stamps); three-year pilot program, 25773 E7-8692 Food Food and Drug Administration NOTICES Meetings: Oncologic Drugs Advisory Committee, 25767-25768 E7-8656 Foreign Foreign Assets Control Office NOTICES Sanctions, blocked persons, specially-designated nationals, terrorists, narcotics traffickers, and foreign terrorist organizations:
Weapons of mass destruction proliferators and their supporters; additional designations, 25835 E7-8674 Forest Forest Service RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Nonrural determinations, 25688-25698 07-2205 NOTICES Agency information collection activities; proposals, submissions, and approvals, 25736-25737 E7-8704 GSA General Services Administration PROPOSED RULES Federal Management Regulation: Personal property with special handling requirements; disposition, 25723-25735 E7-8670 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration See National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.:
National Family Planning Training Center, 25758-25766 E7-8668 Historic Historic Preservation, Advisory Council NOTICES Meetings: Historic Preservation Advisory Council, 25736 07-2221 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department PROPOSED RULES Government National Mortgage Association (Ginnie Mae): Mortgage-Backed Securities Program; payments to securityholders, book-entry procedures, and financial reporting, 25926-25927 E7-8499 NOTICES Agency information collection activities; proposals, submissions, and approvals, 25770 E7-8619 Meetings:
Manufactured Housing Consensus Committee, 25770-25771 E7-8620 Indian Indian Affairs Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 25773-25775 E7-8657 E7-8659 Industry Industry and Security Bureau RULES Export administration regulations: Commerce Control List— Missile Technology Control Regime Annex; Plenary Agreements, 25680-25685 E7-8685 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service NOTICES Meetings:
Delaware and Lehigh National Corridor Commission, 25771 07-2236 International International Trade Administration NOTICES Antidumping: Magnesium metal from— Russian Federation, 25740-25745 E7-8688 Oil country tubular goods, other than drill pipe, from— Korea, 25745-25746 E7-8690 International International Trade Commission NOTICES Import investigations: Combination motor and transmission systems, devices used, and products containing same, 25776-25777 E7-8621 Folding gift boxes from— China, 25777 E7-8623 GPS devices and products containing same, 25777-25778 E7-8624 Orange juice from— Brazil, 25778-25779 E7-8615 U.S.-Korea Free Trade Agreement; potential economy-wide and selected sectoral effects; public hearing, 25779-25780 E7-8622 Meetings;
Sunshine Act, 25780 E7-8625 Justice Justice Department See Antitrust Division See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 25783-25784 E7-8638 E7-8639 Labor Labor Department See Labor Statistics Bureau See Mine Safety and Health Administration MISSING FOR: Labor Statistics Bureau Labor Statistics Bureau NOTICES Meetings: Federal Economic Statistics Advisory Committee, 25784 E7-8589 Land Land Management Bureau NOTICES Alaska Native claims selection:
MTNT, Ltd., 25775 E7-8660 Mine Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 25784-25786 E7-8556 E7-8564 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Baby Trend Inc., 25833-25834 E7-8680 NIH National Institutes of Health NOTICES Meetings: National Center on Minority Health and Health Disparities, 25768 07-2213 National Institute on Aging, 25768-25769 07-2215 National Institute on Alcohol Abuse and Alcoholism, 25769 07-2216 National Library of Medicine, 25769-25770 07-2214 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Northeastern United States fisheries— Northeast multispecies, 25709-25711 07-2270 PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Mid-Atlantic Fishery Management Council; hearings; correction, 25735 E7-8575 NOTICES Agency information collection activities; proposals, submissions, and approvals, 25746-25747 E7-8633 E7-8634 Committees; establishment, renewal, termination, etc.: Climate Change Science Program Product Development Committee for Synthesis and Assessment Product 4.2, 25747 07-2244 Exempted fishing permit applications, determinations, etc., 25748 E7-8700 Marine mammals:
Incidental taking; authorization letters, etc.— California Transportation Department; San Francisco-Oakland Bay Bridge East Span construction; sea lions, harbor seals, porpoises, and gray whales, 25748-25752 E7-8698 National Park National Park Service NOTICES Environmental statements; availability, etc.: Big Thicket National Preserve, TX; plan of operations and wetlands findings statement, 25775-25776 E7-8663 Environmental statements; notice of intent: Rosie the Riveter/World War II Home Front National Historical Park, CA; general management plan, 25776 E7-8648 National Science National Science Foundation NOTICES Meetings:
Mathematical and Physical Sciences Advisory Committee, 25786 E7-8696 Polar Programs Advisory Committee, 25786 E7-8697 Meetings; Sunshine Act, 25786-25787 E7-8721 National Telecommunications National Telecommunications and Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 25752 E7-8629 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 25787-25788 E7-8675 Meetings:
Nuclear Waste Advisory Committee, 25789 E7-8676 Plants and materials; physical protection: Fingerprinting and criminal history records check; requirements for unescorted access to certain radioactive material or other property, 25789-25795 E7-8666 E7-8762 *Applications, hearings, determinations, etc.:* Entergy Nuclear Operations, Inc., 25788 E7-8658 TRC Engineers, Inc., 25788-25789 E7-8672 Rural Rural Business-Cooperative Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 25737-25738 E7-8636 Grants and cooperative agreements; availability, etc.:
Rural Economic Development Loan and Grant Program (FY 2007); correction, 25738 E7-8682 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: First Trust Exchange-Traded Fund, et al., 25795-25799 E7-8595 Hercules Technology Growth Capital, Inc., 25799-25802 E7-8683 PowerShares Exchange-Traded Fund Trust, et al., 25802-25808 E7-8599 SSgA Funds Management, Inc., et al., 25808-25809 E7-8598 Meetings; Sunshine Act, 25809 E7-8649 Securities fee rates; annual adjustments, 25809-25823 07-2194 Self-regulatory organizations; proposed rule changes:
International Securities Exchange, LLC, 25823 E7-8597 NASDAQ Stock Market LLC, 25823-25824 E7-8596 New York Stock Exchange LLC, 25824-25829 E7-8600 SBA Small Business Administration NOTICES Disaster loan areas: Iowa, 25829-25830 E7-8594 New Hampshire, 25830 E7-8601 New Jersey, 25830 E7-8602 State State Department NOTICES Grants and cooperative agreements; availability, etc.: International Visitor Leadership Program; correction, 25830-25831 E7-8684 Meetings: U.S. National Commission for UNESCO, 25831 E7-8687 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, control, etc.:
BNSF Railway Co., et al., 25834-25835 E7-8541 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office Veterans Veterans Affairs Department PROPOSED RULES Veterans Benefits, Health Care, and Information Technology Act of 2006; implementation: Accreditation of agents and attorneys; agent and attorney fees, 25930-25944 E7-8642 Separate Parts In This Issue Part II Energy Department, 25838-25923 07-2115 Part III Housing and Urban Development Department, 25926-25927 E7-8499 Part IV Veterans Affairs Department, 25930-25944 E7-8642 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 87 Monday, May 7, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 959 [Docket No. AMS-FV-06-0214; FV07-959-1 IFR] Onions Grown in South Texas; Change in Regulatory Period AGENCY:
Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. SUMMARY: This rule revises the regulatory period for minimum grade, size, quality, and maturity requirements applicable to onions grown in South Texas under Marketing Order No. 959 (order). The current regulatory period for South Texas onions is March 1 through June 4 of each year. Changes in available varieties, growing seasons, and marketing opportunities over the years have resulted in a prolonged onion shipping season that now extends beyond June 4 into mid-July.
The new regulatory period will extend through July 15. The South Texas Onion Committee (Committee), which locally administers the order, unanimously recommended the change. DATES: Effective May 8, 2007. Comments received by July 6, 2007 will be considered prior to issuance of a final rule. ADDRESSES: Interested persons are invited to submit written comments concerning this action. Comments must be sent to the Docket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237;
Fax:
(202)720-8938; or Internet: *http://www.regulations.gov* . All comments should reference the docket number and the date and page number of this issue of the **Federal Register** and will be available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Belinda G. Garza, Regional Manager, Texas Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; Telephone:
(956)682-2833, Fax:
(956)682-5942, or e-mail: *Belinda.Garza@usda.gov* . Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone:
(202)720-2491, Fax:
(202)720-8938, or e-mail: *Jay.Guerber@usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement No. 143 and Order No. 959, both as amended (7 CFR part 959), regulating the handling of onions grown in South Texas, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture
(USDA)is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This action, which was unanimously recommended by the Committee, extends the regulatory period when minimum grade, size, quality, and maturity requirements apply to onions grown under the order in South Texas. Under the terms of the order, fresh market shipments of onions grown in a 35-county production area in South Texas are currently subject to handling regulations during the period March 1 through June 4 of each year. According to the Committee, changes in available varieties, growing seasons, and marketing opportunities over the years have resulted in a prolonged onion shipping season that now extends beyond June 4 into mid-July. Because the current regulatory period does not cover the present production season completely, not all onion shipments occurring after June 4 are currently subject to order requirements. According to USDA Market News data, 40 percent of South Texas onions shipped in 2005 from District 2, or roughly 11 percent of total shipments for the production area, occurred after June 4. In 2006, 30 percent of onions shipped from District 2, or approximately 10 percent of total shipments for the production area, were shipped after June 4. Section 959.110 of the order's rules and regulations apportions the 35 counties between two onion-growing areas known as District 1, designated as the Coastal Bend-Lower Valley area, and District 2, designated as the Laredo-Winter Garden area. District 1 is comprised of the counties of Victoria, Calhoun, Goliad, Refugio, Bee, Live Oak, San Patricio, Aransas, Jim Wells, Nueces, Kleberg, Brooks, Kenedy, Duval, McMullen, Cameron, Hidalgo, Starr, and Willacy. District 2 includes the counties of Zapata, Webb, Jim Hogg, De Witt, Wilson, Atascosa, Karnes, Val Verde, Frio, Kinney, Uvalde, Medina, Maverick, Zavala, Dimmit, and LaSalle. Section 959.52(b) of the order provides authority to limit the handling of any grade, size, quality, maturity, or pack of onions within the production area during any period. Section 959.322 outlines the regulatory requirements authorized under § 959.52(b). Such grade requirements are based on the U.S. Standards for Grades of Bermuda-Granex-Grano Type Onions (7 CFR part 51.3195-3212), or the U.S. Standards for Grades of Onions (Other than Bermuda-Granex-Grano and Creole Types) (7 CFR part 51.2830-2854). Currently, these handling regulations provide that shipments may not exceed 20 percent defects of U.S. No. 1 grade. In percentage grade lots, tolerances for serious damage shall not exceed 10 percent including not more than 2 percent decay. Double the lot tolerance is permitted in individual packages in percentage grade lots. Applications of tolerances in U.S. onion standards apply to in-grade lots. Minimum size requirements for different size designations are outlined in the regulations. Specifically, for white onions only, the minimum diameter is 1 inch to 2 1/4 inches maximum diameter. For other than white onions, the minimum diameter for repacker onions is 1 3/4 inches to 3 inches maximum with 60 percent or more 2 inches in diameter or larger, 2 to 3 1/2 inches for medium, 3 inches or larger for jumbo or large onions, and 3 3/4 inches or larger for colossal. The regulations further specify that tolerances for size in the U.S. onion standards shall apply except that for repacker and medium sizes, not more than 20 percent, by weight, of onions in any lot may be larger than the maximum diameter specified. The current South Texas regulatory period during which the aforementioned regulations are in effect runs from March 1 through June 4, annually. A final rule published on May 17, 1996 (61 FR 24877), established this regulatory period to promote the orderly marketing of onions. Extending the end date of the regulatory period from June 4 to July 15 each year will provide the consumer with quality onions for a longer period of time because the entire production area will be regulated throughout its shipping period. Normally, South Texas onion handlers continue to voluntarily request inspection of their onions after June 4 to ensure product quality past the current regulatory period. Because the industry is already voluntarily having their onions inspected, the extension is not expected to negatively impact the industry and this change will align order requirements with present day industry operations. Collecting assessments for an additional five weeks will provide the Committee with additional assessment revenue. Based on USDA Market News shipment 2005 data, an additional 1,086,600 fifty-pound equivalent cartons would have been assessed if the extended regulatory period had been in effect. At the current assessment rate of $0.02 per carton, this amount would have generated an additional $21,732 in assessment revenue. Similarly, Market News data for 2006 indicates that an additional 863,400 cartons would have been assessed between June 4 and July 15, and would have resulted in $17,268 of additional assessment revenue. The additional revenue collected as a result of an extended regulatory period in 2007 will allow the Committee to further promote onions and conduct more research projects, making it advantageous to the industry as well as the consumer. All producers will realize a better return for a quality pack through research and market development projects funded by the collection of assessments through July 15. Initial Regulatory Flexibility Analysis Pursuant to the requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service
(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions so that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. Small agricultural growers have been defined by the Small Business Administration
(SBA)(13 CFR 121.201) as those having annual receipts of less than $750,000. Small agricultural service firms are defined as those with annual receipts of less than $6,500,000. There are approximately 114 producers of onions in the production area and approximately 38 handlers subject to regulation under the order. Most of the handlers are vertically integrated corporations involved in producing, shipping, and marketing onions. For the 2005-06 marketing year, the industry's 38 handlers shipped onions produced on 17,694 acres with the average and median volume handled being 182,148 and 174,437 fifty-pound equivalents, respectively. In terms of production value, total revenues for the 38 handlers were estimated to be $44.2 million, with average and median revenues being $l.6 million and $1.12 million, respectively. The South Texas onion industry is characterized by producers and handlers whose farming operations generally involve more than one commodity, and whose income from farming operations is not exclusively dependent on the production of onions. Alternative crops provide an opportunity to utilize many of the same facilities and equipment not in use when the onion production season is complete. For this reason, typical onion producers and handlers either produce multiple crops or alternate crops within a single year. Based on the SBA's definition of small entities, the Committee estimates that all of the 38 handlers regulated by the order would be considered small entities if only their onion revenues are considered. However, revenues from other productive enterprises would likely push a number of these handlers above the $6,500,000 annual receipt threshold. All of the 114 producers may be classified as small entities based on the SBA definition if only their revenue from onions is considered. This rule extends the end date of the order's regulatory period from June 4 to July 15 of each year for Texas onions shipped to the fresh market. This action, which was unanimously recommended by the Committee, extends the regulatory period when minimum grade, size, quality, and maturity requirements apply to onions grown under the order. Authorization to implement such regulations is provided in § 959.52(b) of the order. Regulatory requirements authorized under this section are provided in § 959.322. This action provides that fresh onion shipments from the entire South Texas onion production area meet all order requirements from March 1 through July 15 of each year. The current regulations require that onions grown in the production area meet order requirements from March 1 through June 4 of each year. According to the Committee, changes in available varieties, growing seasons, and marketing opportunities over the years have resulted in a prolonged onion shipping season that now extends beyond June 4 into mid-July. Because the current regulatory period does not cover the present production season completely, not all onion shipments occurring after June 4 are currently subject to mandatory inspection under the order. Extending the regulatory period will ensure that all South Texas onions would be inspected to order specifications. Many South Texas onion handlers currently continue to voluntarily request inspection of their onions after June 4 to ensure product quality. Because the industry is already voluntarily having their onions inspected, the extension is not expected to negatively impact the industry and this change will align order requirements with present day industry operations. According to USDA Market News data, forty percent of South Texas onions shipped in 2005 from District 2, or roughly 11 percent of total shipments for the production area, occurred after June 4. In 2006, 30 percent of onions shipped from District 2, or approximately 10 percent of total shipments for the production area, were shipped after June 4. This action is also expected to support Committee promotional and research activities and benefit consumers. The Committee has indicated that collecting assessments for an additional five weeks will provide them with additional assessment revenue. Based on USDA Market News shipment 2005 data, an additional 1,086,600 fifty-pound equivalent cartons would have been assessed if the extended regulatory period had then been in effect. At the current assessment rate of $0.02 per carton, this amount would have generated an additional $21,732 in assessment revenue. Similarly, Market News data for 2006 indicates that an additional 863,400 cartons would have been assessed between June 4 and July 15, 2006, and would have resulted in $17,268 of additional assessment revenue. The additional revenue will allow the Committee to further promote onions and conduct more research projects, making it advantageous to the industry as well as the consumer. All producers will realize a better return for a quality pack through research and market development projects funded by the collection of assessments through July 15. The additional five weeks of assessment collection is not expected to significantly burden South Texas Onion handlers. A burden calculation of the additional assessments that would have been collected in 2006 if the regulatory period had been in effect for that season indicates that the additional assessment payments by handlers would have equaled 0.039 percent of total of 2006 production value [($17,268/$44.2 million) × 100 = 0.039]. Total 2006 revenues for the 38 handlers were estimated to be $44.2 million, with average and median revenues being $l.6 million and $1.12 million, respectively. Extending the end date of the regulatory period from June 4 to July 15 each year will also provide the consumer with quality onions for a longer period of time because the entire production area will be regulated throughout its shipping period. One alternative to this action would be to not extend the regulatory period beyond the current end date of June 4. However, the Committee believes that not extending the regulatory period would result in a significant portion of the South Texas onion crop not being consistently regulated. While most handlers currently extend inspection beyond the June 4 regulatory deadline on a voluntary basis, such inspection is not required. By extending the regulatory period, such inspection would be mandatory. Mandatory inspection will ensure orderly marketing of all South Texas onions since all handlers and product will be required to fulfill the same inspection requirements and product standards under the order for the entire production period. Therefore, USDA determined that the end date of the regulatory period for South Texas onions should be extended from June 4 to July 15. While this action will impose some additional costs on South Texas onion handlers and producers, the costs are expected to be minimal, and will be offset by the benefits of the action. The Committee believes that this modification will benefit consumers, producers, and handlers. The benefits of this action are not expected to be disproportionately greater or lesser for small entities than for large entities. This rule will not impose any additional reporting or recordkeeping requirements on either small or large onion handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. The AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Further, the Committee's meeting was widely publicized throughout the South Texas onion industry and all interested persons were invited to attend the meeting and participate in Committee deliberations. All Committee meetings are public meetings and all entities, both large and small, are able to express their views. Finally, interested persons are invited to submit information on the regulatory and informational impacts of this action on small businesses. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/fv/moab.html* . Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. This rule invites comments on the extension of the regulatory period under the South Texas onion marketing order. Any comments received will be considered prior to finalization of this rule. After consideration of all relevant material presented, including the Committee's recommendations, and other information, it is found that this interim final rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because:
(1)This rule should be implemented as soon as possible since the South Texas onion regulatory period began March 1, 2007;
(2)the rule will benefit the onion industry by aligning the regulatory period with current production practices;
(3)the Committee discussed this issue and unanimously recommended this change at a public meeting and interested parties had an opportunity to provide input at the meeting; and
(4)the rule provides a 60-day comment period and any comments received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 959 Marketing agreements, Onions, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 959 is amended as follows: 1. The authority citation for 7 CFR part 959 continues to read as follows: Authority: 7 U.S.C. 601-674. PART 959—ONIONS GROWN IN SOUTH TEXAS 2. In § 959.322, the introductory text is revised to read as follows: § 959.322 Handling regulation. During the period beginning March 1 and ending July 15, no handler shall handle any onions, including onions for peeling, chopping, and slicing, unless they comply with paragraphs
(a)through
(c)or
(d)or
(e)of this section. Dated: May 1, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-8626 Filed 5-4-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 772 and 774 [Docket No. 070411084-7087-02] RIN 0694-AD96 Revisions to the Export Administration Regulations Based on the 2006 Missile Technology Control Regime Plenary Agreements AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final Rule. SUMMARY: The Bureau of Industry and Security
(BIS)is amending the Export Administration Regulations
(EAR)to reflect changes to the Missile Technology Control Regime
(MTCR)Annex that were agreed to by MTCR member countries at the October 2006 Plenary in Copenhagen, Denmark. The amendments set forth in this rule also include adding a new Export Control Classification Number
(ECCN)7A107 to control three axis magnetic heading sensors designed or modified to be integrated with flight control and navigation systems. DATES: This rule is effective May 7, 2007. Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis. ADDRESSES: You may submit comments, identified by RIN 0694-AD96, by any of the following methods: *E-mail: publiccomments@bis.doc.gov* Include “RIN 0694-AD96” in the subject line of the message. *Fax:*
(202)482-3355. Please alert the Regulatory Policy Division, by calling
(202)482-2440, if you are faxing comments. *Mail or Hand Delivery/Courier:* Timothy Mooney, U.S. Department of Commerce, Bureau of Industry and Security, Regulatory Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, *Attn:* RIN 0694-AD96. Send comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, to David Rostker, Office of Management and Budget (OMB), by e-mail to *David_Rostker@omb.eop.gov* , or by fax to
(202)395-7285; and to the Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044. Comments on this collection of information should be submitted separately from comments on the final rule (i.e. RIN 0694-AD96)—all comments on the latter should be submitted by one of the three methods outlined above. FOR FURTHER INFORMATION CONTACT: Dennis L. Krepp, Nuclear and Missile Technology Controls Division, Bureau of Industry and Security, Telephone:
(202)482-1309. SUPPLEMENTARY INFORMATION: Background The Missile Technology Control Regime
(MTCR)is an export control arrangement among 34 nations, including the world's most advanced suppliers of ballistic missiles and missile-related materials and equipment. The regime establishes a common export control policy based on a list of controlled items (the Annex) and on guidelines (the Guidelines) that member countries implement in accordance with their national export controls. The goal of maintaining the Annex and the Guidelines is to stem the flow in the global marketplace of missile systems capable of delivering weapons of mass destruction. The MTCR was originally created to prevent the spread of missiles capable of carrying a nuclear warhead; it was expanded in January 1993 to also stem the flow of delivery systems for chemical and biological weapons. MTCR members voluntarily pledge to apply the Regime's export Guidelines and to restrict the export of items contained in the Regime's Annex. The Regime's Guidelines are implemented through the national export control laws and policies of the regime members. In January 1993, complete rocket systems and unmanned aerial vehicle systems that were capable of a “range” equal to or greater than 300 km, regardless of the payload, were added to the MTCR Annex (Category II, Item 19). This was based on concerns by MTCR members that rocket systems and unmanned aerial vehicle systems that were capable of a “range” equal to or greater than 300 km, but did not meet the 500 kg “payload” parameter from Category I of the MTCR Annex, were a proliferation concern. “Missiles” are defined in § 772.1 of the EAR as being “ ‘capable of' delivering at least 500 kilograms payload to a range of at least 300 kilometers.” Prior to publication of this rule, the items controlled in ECCNs 1A102, 1C101, 1C107, 6A108, 6B108, 7A102, 7A103, 9A111 and 9B105 included the defined term “missile” meaning they were controlled only when they were “ ‘capable of' delivering at least 500 kilograms payload to a range of at least 300 kilometers.” To accommodate the change made in 1993, the MTCR members decided at the 2006 Plenary to clarify the controls applicable to these ECCNs by making it clear that the items in these ECCNs were controlled when used in systems that were capable of a range of at least 300km, regardless of the payload capacity. Therefore, this rule clarifies the scope of these ECCNs by replacing the defined term “missile” with new language controlling rockets, missiles, and unmanned aerial vehicles “capable of a range of at least 300 km” to these ECCNs. Amendments to the Export Administration Regulations In § 772.1 (Definitions of Terms as Used in the Export Administration Regulations), this rule amends definitions of the terms “range” and “payload.” Specifically this rule adds double quotes around the terms “range” and “payload” in these definitions to signify these are defined terms under the EAR. The Commerce Control List
(CCL)(Supplement No. 1 to Part 774 of the EAR) is amended to reflect changes to the MTCR Annex agreed to at the October 2006 Plenary in Copenhagen, Denmark. Specifically the following ECCNs are amended: ECCN 1A102 is amended by substituting the defined term “missiles” with new text to the heading to clarify the scope of the entry (MTCR Annex Change Category II: Item 6.C.2). Under the new text, the materials in this entry are controlled if they are usable for any rockets, missiles, or unmanned aerial vehicles capable of a range of at least 300 km, regardless of the payload capability. This change is expected to have no impact on BIS licensing activity, because these commodities are controlled by the Department of State under the International Traffic in Arms Regulations (ITAR). ECCN 1C101 is amended by substituting the defined term “missiles” with new text to the heading to clarify the scope of the entry (MTCR Annex Change Category II: Item 17.A.1). Under the new text, the materials in this entry are controlled if they are usable for any rockets, missiles, or unmanned aerial vehicles capable of a range of at least 300km, regardless of the payload capability. This change is expected to have a minimal impact on licensing activity. ECCN 1C107 paragraph
(c)is amended by substituting the defined term “missile” with new text to clarify the scope of the entry (MTCR Annex Change Category II: Item 6.C.5). Under the new text, the materials in this entry are controlled if they are for use in missile radomes for any missile capable of a range of at least 300 km, regardless of the payload capability. This change is expected to have a minimal impact on licensing activity. ECCN 1C107 is further amended by revising paragraph
(d)to include additional text which adds reinforced silicon-carbide ceramics composites to the CCL (MTCR Annex Change Category II: Item 6.C.6). This material is being added to the EAR to address a concern raised by MTCR members at the Copenhagen Plenary that there is a proliferation concern in the use of this type of material for re-entry vehicles, nose tips and rocket motor nozzle flaps. BIS recognizes that there are also other commercial and civil uses for this material, but believes that the text is sufficiently focused to minimize the impact on industry. As such, BIS expects this change will have a minimal impact on licensing activity. ECCN 1C111 paragraph (a)(3) is amended by rewording and adding additional text to clarify the scope and purpose of the entry (MTCR Annex Change Category II: Item 4.C.4.a). This amendment will help to clarify that the oxidizer substances identified in the ECCN are those useable in liquid propellant rocket engines, but allows that the substances themselves could be liquid or solid. This change is expected to have no impact on licensing activity. ECCN 1C111 is further amended by adding a new paragraph (b)(5) and a technical note (MTCR Annex Change Category II: Item 4.C.5.f) which adds and defines the polymeric substance “polytetrahydrofuran polyethylene glycol (TPEG)” to the CCL. This substance is added as a result of its increasing use in MTCR-controlled rocket motors as a propellant binder. TPEG is believed to have minimal commercial use and therefore this change is expected to have a minimal impact on licensing activity. ECCN 6A108 paragraph
(b)is amended by substituting the defined term “missile” with new text to clarify the scope of the entry (MTCR Annex Change Category II: Item 12.A.5). Under this new text, the precision tracking systems in this entry are controlled if they are usable for any rocket, missile, or unmanned aerial vehicle capable of a range of at least 300 km, regardless of the payload capability. This change is expected to have a minimal impact on licensing activity. ECCN 6A108 is further amended by deleting the control parameter of “0.5 mils” in paragraph (b)(2)(a) to clarify the control on these range instrumentation radars. The 0.5 mils control parameter was not equivalent to 3 milliradians, and therefore needed to be removed from that paragraph in order to not confuse the public regarding the correct control parameter for that paragraph, which is 3 milliradians. This clarification of the control parameter is expected to have no impact on licensing activity (MTCR Annex Category II: Item 12.A.5). ECCN 6B108 is amended by substituting the defined term “missiles” with new text to the heading to clarify the scope of the entry (MTCR Annex Change Category II: Item 17.B.1). Under the new text, the radar cross section measurement systems in this entry are controlled if they are useable for any rockets, missiles, or unmanned aerial vehicles capable of a range of at least 300 km, regardless of the payload capability. This change is expected to have a minimal impact on licensing activity. ECCN 7A002 paragraph (a)(2) and ECCN 7A102 are amended by adding technical notes to each of these ECCNs to define the term “stability” as it pertains to these MTCR defined gyros controlled on the CCL (MTCR Annex Change Category II: Item 9.A.4 Technical Notes). This amendment is made to bring these entries in line with current industry practice for defining these terms. This change is expected to have no impact on licensing activity. ECCN 7A102 is further amended by substituting the defined term “missiles” with new text to the heading to clarify the scope of the entry (MTCR Annex Change Category II: Item 9.A.4). Under the new text, the gyros in this entry are controlled if they are usable in any rockets, missiles, or unmanned aerial vehicles capable of a range of at least 300 km, regardless of the payload capability. This change is expected to have a minimal impact on licensing activity. ECCN 7A103 paragraphs
(b)and
(c)are amended by substituting the defined term “missiles” with new text to clarify the scope of the entry (MTCR Annex Change Category II: Item 9.A.1). Under the new text, the integrated flight instrument systems and navigation systems in this entry are controlled if they are designed or modified for use in any rockets, missiles, or unmanned aerial vehicles capable of a range of at least 300 km, regardless of the payload capability. This change is expected to have a minimal impact on licensing activity. ECCN 7A107 is added to control three axis magnetic heading sensors designed or modified to be integrated with flight control and navigation systems (MTCR Annex Change Category II: Item 9.A.8). These three axis magnetic heading sensors are being added to the EAR to address a concern raised by MTCR members at the Copenhagen Plenary that there is a potential proliferation concern in the use of this type of equipment in Unmanned Aerial Vehicle
(UAV)systems of concern. To conform with the addition of ECCN 7A107 to the EAR, this rule amends the headings of ECCNs 7D101 and 7E101, to include ECCN 7A107 in these software and technology entries, respectively (MTCR Annex Category II: Items 9.D.1 and 9.E.1). It is anticipated that this addition of one new MT controlled ECCN 7A107 and the conforming changes to ECCNs 7D101 and 7E101 will produce a slight increase in licensing activity. ECCN 9A101 is amended by deleting the word “Lightweight” and the phrase “usable in ‘missiles’ ” from the heading text (MTCR Annex Change Category II: Item 3.A.1). This amendment will result in a more focused control on these engines, but this change is expected to have no impact on licensing activity. ECCN 9A101 is further amended by deleting the unit “parts and accessories in $ value”. This unit is being removed from this ECCN, because parts and accessories are not controlled by this ECCN entry (MTCR Annex Category II: Item 3.A.1). This amendment is expected to have no impact on licensing activity. ECCN 9A111 is amended by substituting the defined term “missiles” with new text to the heading to clarify the scope of the entry (MTCR Annex Change Category II: Item 3.A.2). Under the new text, the items in this entry are controlled if they are usable for any rockets, missiles, or unmanned aerial vehicles capable of a range of at least 300km, regardless of the payload capability. This change is expected to have no impact on BIS licensing activity, because these commodities are controlled by the Department of State under the International Traffic in Arms Regulations (ITAR). ECCN 9A120 is amended by adding double quotes around the word “payload” in Technical Note 1 to identify the word as a defined term in the EAR. This amendment is expected to have no impact on licensing activity. ECCN 9B105 is amended by substituting the defined term “missiles” with new text to the heading to clarify the scope of the entry (MTCR Annex Change Category II: Item 15.B.2). Under the new text, the wind tunnels in this entry are controlled when usable for any rocket, missile, or unmanned aerial vehicle systems capable of a range of at least 300 km, regardless of the payload capability, and their subsystems. This change is expected to have a minimal impact on licensing activity. ECCN 9B117 paragraph
(a)is amended by replacing the control parameter of “90 kN” with “68 kN” such that the text reads as follows, “* * *a thrust greater than 68 kN;” (MTCR Annex Change Category II: Item 15.B.3). This lowering of the test stand thrust capacity threshold is being made to the EAR to address a concern raised by MTCR members at the Copenhagen Plenary that there is a proliferation concern with this type of equipment and its usefulness in MTCR type systems. This change is expected to have a minimal impact on licensing activity. ECCN 9C110 is amended by placing double quotes around the terms “specific tensile strength” and “specific modulus” in the heading text (MTCR Annex Change Category II: Item 6.C.1 Technical Notes) to indicate that these are defined terms in the CCL. This amendment will clarify the control text, but is expected to have no impact on licensing activity. Savings Clause Shipments of items removed from eligibility for a License Exception or export or reexport without a license
(NLR)as a result of this regulatory action that were on dock for loading, on lighter, laden aboard an exporting or reexporting carrier, or en route aboard a carrier to a port of export or reexport, on May 7, 2007, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export or reexport without a license
(NLR)so long as they are exported or reexported before June 6, 2007. Any such items not actually exported or reexported before midnight, on June 6, 2007, require a license in accordance with this rule. Although the Export Administration Act expired on August 20, 2001, the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), as extended by the Notice of August 3, 2006, 71 FR 44551 (Aug. 7, 2006), has continued the Export Administration Regulations under the International Emergency Economic Powers Act. Rulemaking Requirements 1. This final rule has been determined to be not significant for purposes of E.O. 12866. 2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a currently valid Office of Management and Budget Control Number. This rule contains a collection of information subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 *et seq.* ). This collection has been approved by the Office of Management and Budget under control number 0694-0088, “Multi-Purpose Application,” which carries a burden hour estimate of 58 minutes for a manual or electronic submission. 3. This rule does not contain policies with Federalism implications as that term is defined under E.O. 13132. 4. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in effective date, are inapplicable because this regulation involves a military and foreign affairs function of the United States (5 U.S.C. 553(a)(1)). Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under the Administrative Procedure Act or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) are not applicable. Therefore, this regulation is issued in final form. Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis. Comments should be submitted to Timothy Mooney, Office of Exporter Services, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044. List of Subjects 15 CFR Part 772 Exports. 15 CFR Part 774 Exports, Reporting and recordkeeping requirements. Accordingly, parts 772 and 774 of the Export Administration Regulations (15 CFR parts 730-774) are amended as follows: PART 772—[AMENDED] 1. The authority citation for 15 CFR part 772 continues to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006). 2. Section 772.1 is amended: a. By revising the definition of “payload” and the “Note:” to that definition; and b. By revising the definition of “range”
(MTCR)and the “Technical Notes:” to that definition, as set forth below: § 772.1 Definitions of terms as used in the Export Administration Regulations (EAR). *Payload. (MTCR context)* —The total mass that can be carried or delivered by the specified rocket system or unmanned aerial vehicle
(UAV)system that is not used to maintain flight. Note: The particular equipment, subsystems, or components to be included in the “payload” depends on the type and configuration of the vehicle under construction. Technical Notes: * * * *Range. (MTCR context)* —The maximum distance that the specified rocket system or unmanned aerial vehicle
(UAV)system is capable of traveling in the mode of stable flight as measured by the projection of its trajectory over the surface of the Earth. Technical Notes: a. The maximum capability based on the design characteristics of the system, when fully loaded with fuel or propellant, will be taken into consideration in determining “range”. b. The “range” for both rocket systems and UAV systems will be determined independently of any external factors such as operational restrictions, limitations imposed by telemetry, data links or other external constraints. c. For rocket systems, the “range” will be determined using the trajectory that maximizes “range”, assuming ICAO standard atmosphere with zero wind. d. For UAV systems, the “range” will be determined for a one-way distance using the most fuel-efficient flight profile (e.g. cruise speed and altitude), assuming ICAO standard atmosphere with zero wind. PART 774—[AMENDED] 3. The authority citation for 15 CFR part 774 continues to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 *et seq.* , 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006). 4. In Supplement No. 1 to part 774 (the Commerce Control List), Category 1—Materials, Chemicals, “Microorganisms” & “Toxins”, Export Control Classification Number
(ECCN)1A102 is amended by revising the Heading, to read as follows: Supplement No. 1 to Part 774—The Commerce Control List 1A102 Resaturated pyrolized carbon-carbon components designed for rockets, missiles, or unmanned aerial vehicles capable of achieving a “range” equal to or greater than 300km. (These items are subject to the export licensing authority of the U.S. Department of State, Directorate of Defense Trade Controls. See 22 CFR part 121). 5. In Supplement No. 1 to part 774 (the Commerce Control List), Category 1—Materials, Chemicals, “Microorganisms” & “Toxins”, Export Control Classification Number
(ECCN)1C101 is amended by revising the Heading, to read as follows: 1C101 Materials for Reduced Observables such as Radar Reflectivity, Ultraviolet/Infrared Signatures and Acoustic Signatures (i.e., Stealth Technology), Other than Those Controlled by 1C001, for applications usable in rockets, missiles, or unmanned aerial vehicles capable of achieving a “range” equal to or greater than 300km, and their subsystems. 6. In Supplement No. 1 to part 774 (the Commerce Control List), Category 1—Materials, Chemicals, “Microorganisms” & “Toxins”, Export Control Classification Number
(ECCN)1C107 is amended by revising paragraphs
(c)and
(d)of the “items” paragraph in the List of Items Controlled section, to read as follows: 1C107 Graphite and ceramic materials, other than those controlled by 1C007, which can be machined to any of the following products as follows (see List of Items Controlled). List of Items Controlled *Unit:* * * * *Related Controls:* * * * *Related Definitions:* * * * *Items:* c. Ceramic composite materials (dielectric constant is less than 6 at any frequency from 100 MHz to 100 GHz) for use in radomes useable in rockets, missiles, and unmanned aerial vehicles capable of achieving a “range” equal to or greater than 300 km; *or* d. Silicon-Carbide materials, useable in rockets, missiles, and unmanned aerial vehicles capable of achieving a “range” equal to or greater than 300 km, as follows: d.1. Bulk machinable silicon-carbide reinforced unfired ceramic, usable for nose tips. d.2. Reinforced silicon-carbide ceramic composites usable for nose tips, re-entry vehicles, nozzle flaps. 7. In Supplement No. 1 to part 774 (the Commerce Control List), Category 1—Materials, Chemicals, “Microorganisms” & “Toxins”, Export Control Classification Number
(ECCN)1C111 is amended by revising the “items” paragraph in the List of Items Controlled section, to read as follows: 1C111 Propellants and constituent chemicals for propellants, other than those specified in 1C011, as follows (see List of Items Controlled). List of Items Controlled *Unit:* * * * *Related Controls:* * * * *Related Definitions:* * * * *Items:* a. Propulsive substances: a.1. Spherical aluminum powder, other than that specified on the U.S. Munitions List, with particles of uniform diameter of less than 200 micrometer and an aluminum content of 97% by weight or more, if at least 10 percent of the total weight is made up of particles of less than 63 micrometer, according to ISO 2591:1988 or national equivalents such as JIS Z8820. Technical Note: A particle size of 63 micrometer (ISO R-565) corresponds to 250 mesh (Tyler) or 230 mesh (ASTM standard E-11). a.2. Metal fuels, other than that controlled by the U.S. Munitions List, in particle sizes of less than 60 × 10 −6 m (60 micrometers), whether spherical, atomized, spheroidal, flaked or ground, consisting 97% by weight or more of any of the following: a.2.a Zirconium; a.2.b Beryllium; a.2.c Magnesium; or a.2.d Alloys of the metals specified by a.2.a to a.2.c above. Technical Note: The natural content of hafnium in the zirconium (typically 2% to 7%) is counted with the zirconium. a.3. Oxidizer substances usable in liquid propellant rocket engines, as follows: a.3.a. Dinitrogen trioxide; a.3.b. Nitrogendioxide/dinitrogen tetroxide; a.3.c. Dinitrogen pentoxide; a.3.d Mixed oxides of nitrogen (MON); a.3.e Inhibited red fuming nitric acid (IRFNA); Technical Note: Mixed oxides of nitrogen
(MON)are solutions of nitric oxide
(NO)in dinitrogen tetroxide/nitrogen dioxide(N <sup>2</sup> O <sup>4</sup> NO <sup>2</sup> -) that can be used in missile systems. There are a range of compositions that can be denoted as MONi or MONij, where i and j are integers representing the percentage of nitric oxide in the mixture (e.g., MON3 contains 3% nitric oxide, MON25 25% nitric oxide. An upper limit is MON40, 40% by weight). b. Polymeric substances: b.1. Carboxy-terminated polybutadiene (CTPB); b.2. Hydroxy-terminated polybutadiene (HTPB), other than that controlled by the U.S. Munitions List; b.3. Polybutadiene-acrylic acid (PBAA); b.4. Polybutadiene-acrylic acid -acrylonitrile (PBAN); b.5 Polytetrahydrofuran polyethylene glycol (TPEG). Technical Note: Polytetrahydrofuran polyethylene glycol
(TPEG)is a block co-polymer of poly 1,4-Butanediol and polyethylene glycol (PEG). c. Other propellant additives and agents: c.1. Butacene; c.2. Triethylene glycol dinitrate (TEGDN); c.3. 2-Nitrodiphenylamine; c.4. Trimethylolethane trinitrate (TMETN); c.5. Diethylene glycol dinitrate (DEGDN). 8. In Supplement No. 1 to part 774 (the Commerce Control List), Category 6—Sensors and Lasers, Export Control Classification Number
(ECCN)6A108 is amended by revising the “items” paragraph in the List of Items Controlled section, to read as follows: 6A108 Radar systems and tracking systems, other than those controlled by 6A008, as follows (see List of Items Controlled). List of Items Controlled *Unit:* * * * *Related Controls:* * * * *Related Definitions:* * * * *Items:* a. Radar and laser radar systems designed or modified for use in “missiles”; Note: 6A108.a includes the following: a. Terrain contour mapping equipment; b. Imaging sensor equipment; c. Scene mapping and correlation (both digital and analog) equipment; d. Doppler navigation radar equipment. b. Precision tracking systems, usable for rockets, missiles, or unmanned aerial vehicles capable of achieving a “range” equal to or greater than 300 km, as follows: b.1. Tracking systems which use a code translator installed on the rocket or unmanned aerial vehicle in conjunction with either surface or airborne references or navigation satellite systems to provide real- time measurements of in-flight position and velocity; b.2. Range instrumentation radars including associated optical/infrared trackers with all of the following capabilities: b.2.a. Angular resolution better than 3 milliradians; b.2.b. Range of 30 km or greater with a range resolution better than 10 m rms; b.2.c. Velocity resolution better than 3 m/s. 9. In Supplement No. 1 to part 774 (the Commerce Control List), Category 6—Sensors and Lasers, Export Control Classification Number
(ECCN)6B108 is amended by revising the Heading, to read as follows: 6B108 Systems, other than those controlled by 6B008, specially designed for radar cross section measurement usable for rockets, missiles, or unmanned aerial vehicles capable of achieving a “range” equal to or greater than 300 km and their subsystems. 10. In Supplement No. 1 to part 774 (the Commerce Control List), Category 7—Navigation and Avionics, Export Control Classification Number
(ECCN)7A002 is amended by revising the “items” paragraph in the List of Items Controlled section, to read as follows: 7A002 Gyros, and angular or rotational accelerometers, having any of the following characteristics (see List of Items Controlled), and specially designed components therefor. List of Items Controlled *Unit:* * * * *Related Controls:* * * * *Related Definitions:* * * * *Items:* a. A “drift rate” ‘stability', when measured in a 1 g environment over a period of one month and with respect to a fixed calibration value, of: Technical Notes: For the purpose of 7A002.a, ‘stability' is defined as a measure of the ability of a specific mechanism or performance coefficient to remain invariant when continuously exposed to a fixed operating condition. (This definition does not refer to dynamic or servo stability.) (IEEE STD 528-2001 paragraph 2.247) a.1. Less (better) than 0.1 degree per hour when specified to function at linear acceleration levels below 12 g; *or* a.2. Less (better) than 0.5 degree per hour when specified to function at linear acceleration levels from 12 g to 100 g inclusive; b. An angle random walk of less (better) than or equal to 0.0035 degree per square root hour; *or* Note: 7A002.b does not control spinning mass gyros (spinning mass gyros are gyros which use a continually rotating mass to sense angular motion). Technical Note: For the purpose of 7A002.b, ‘angle random walk' is the angular error buildup with time that is due to white noise in angular rate. (IEEE STD 528-2001) c. Specified to function at linear acceleration levels exceeding 100 g. 11. In Supplement No. 1 to part 774 (the Commerce Control List), Category 7—Navigation and Avionics, Export Control Classification Number
(ECCN)7A102 is amended by revising the Heading and the “items” paragraph in the List of Items Controlled section, to read as follows: 7A102 All types of gyros, other than those controlled by 7A002, usable in rockets, missiles, or unmanned aerial vehicles capable of achieving a “range” equal to or greater than 300 km, with a rated “drift rate” ‘stability' of less than 0.5 degrees (1 sigma or rms) per hour in a 1 g environment and specially designed components therefor. List of Items Controlled *Unit:* * * * *Related Controls:* * * * *Related Definitions:* * * * *Items:* The list of items controlled is contained in the ECCN heading. Technical Note: In this entry, the term ‘stability' is defined as a measure of the ability of a specific mechanism or performance coefficient to remain invariant when continuously exposed to a fixed operating condition. (This definition does not refer to dynamic or servo stability.) (IEEE STD 528-2001 paragraph 2.247) 12. In Supplement No. 1 to part 774 (the Commerce Control List), Category 7—Navigation and Avionics, Export Control Classification Number
(ECCN)7A103 is amended by revising the first sentence of the “related controls” paragraph and paragraphs
(b)and
(c)of the “items” paragraph in the List of Items Controlled section, to read as follows: 7A103 Instrumentation, navigation equipment and systems, other than those controlled by 7A003, and specially designed components therefor. List of Items Controlled *Unit:* * * * *Related Controls:*
(1)For rockets, missiles, or unmanned aerial vehicles controlled under the U.S. Munitions List (22 CFR part 121), items described in 7A103.b are subject to the export licensing authority of the U.S. Department of State, Directorate of Defense Trade Controls (See 22 CFR part 121). * * * *Related Definitions:* * * * *Items:* b. Integrated flight instrument systems, which include gyrostabilizers or automatic pilots, designed or modified for use in rockets, missiles, or unmanned aerial vehicles capable of achieving a “range” equal to or greater than 300 km. c. Integrated Navigation Systems, designed or modified for use in rockets, missiles, or unmanned aerial vehicles capable of achieving a “range” equal to or greater than 300 km and capable of providing a navigational accuracy of 200m Circular Error Probable
(CEP)or less. Technical Note: An ‘integrated navigation system' typically incorporates the following components: 1. An inertial measurement device (e.g., an attitude and heading reference system, inertial reference unit, or inertial navigation system); 2. One or more external sensors used to update the position and/or velocity, either periodically or continuously throughout the flight (e.g., satellite navigation receiver, radar altimeter, and/or Doppler radar); and 3. Integration hardware and software. 13. In Supplement No. 1 to part 774 (the Commerce Control List), Category 7—Navigation and Avionics, is amended by adding Export Control Classification Number
(ECCN)7A107 after ECCN 7A106 and before ECCN 7A115, to read as follows: 7A107 Three axis magnetic heading sensors having all of the following characteristics, and specially designed components therefor. License Requirements *Reason for Control:* MT, AT. Control(s) Country chart MT applies to entire entry MT Column 1. AT applies to entire entry AT Column 1. License Exceptions LVS: N/A GBS: N/A CIV: N/A List of Items Controlled *Unit:* $ value. *Related Controls:* N/A. *Related Definitions:* N/A. *Items:* a. Internal tilt compensation in pitch (+/−90 degrees) and roll (+/−180 degrees) axes; b. Capable of providing azimuthal accuracy better
(less)than 0.5 degrees rms at latitudes of +/−80 degrees, referenced to local magnetic field; *and* c. Designed or modified to be integrated with flight control and navigation systems. Note: Flight control and navigation systems in 7A107 include gyrostabilizers, automatic pilots and inertial navigation systems. 14. In Supplement No. 1 to part 774 (the Commerce Control List), Category 7—Navigation and Avionics, Export Control Classification Number
(ECCN)7D101 is amended by revising the Heading, to read as follows: 7D101 “Software” specially designed or modified for the “use” of equipment controlled by 7A001 to 7A006, 7A101 to 7A107, 7A115, 7A116, 7B001, 7B002, 7B003, 7B101, 7B102, or 7B103. 15. In Supplement No. 1 to part 774 (the Commerce Control List), Category 7—Navigation and Avionics, Export Control Classification Number
(ECCN)7E101 is amended by revising the Heading, to read as follows: 7E101 “Technology”, according to the General Technology Note for the “use” of equipment controlled by 7A001 to 7A006, 7A101 to 7A107, 7A115 to 7A117, 7B001, 7B002, 7B003, 7B101, 7B102, 7B103, or 7D101 to 7D103. 16. In Supplement No. 1 to part 774 (the Commerce Control List), Category 9—Propulsion Systems, Space Vehicles and Related Equipment, Export Control Classification Number
(ECCN)9A101 is amended by revising the Heading and the “unit” paragraph in the List of Items Controlled section, to read as follows: 9A101 Turbojet and turbofan engines (including turbocompound engines), other than those controlled by 9A001, as follows (see List of Items Controlled). List of Items Controlled *Unit:* Equipment in number 17. In Supplement No. 1 to part 774 (the Commerce Control List), Category 9—Propulsion Systems, Space Vehicles and Related Equipment, Export Control Classification Number
(ECCN)9A111 is amended by revising the Heading, to read as follows: 9A111 Pulse jet engines, usable in rockets, missiles, or unmanned aerial vehicles capable of achieving a “range” equal to or greater than 300km, and specially designed components therefor. (These items are subject to the export licensing authority of the U.S. Department of State, Directorate of Defense Trade Controls. See 22 CFR part 121.) 18. In Supplement No. 1 to part 774 (the Commerce Control List), Category 9—Propulsion Systems, Space Vehicles and Related Equipment, Export Control Classification Number
(ECCN)9A120 is amended by revising the “items” paragraph in the List of Items Controlled section, to read as follows: 9A120 Complete unmanned aerial vehicles, not specified in 9A012, having all of the following: List of Items Controlled *Unit:* * * * *Related Controls:* * * * *Related Definitions:* * * * *Items:* a. Having any of the following: a.1. An autonomous flight control and navigation capability; *or* a.2. Capability of controlled-flight out of the direct vision range involving a human operator; *and* b. Having any of the following: b.1. Incorporating an aerosol dispensing system/mechanism with a capacity greater than 20 liters; *or* b.2. Designed or modified to incorporate an aerosol dispensing system/mechanism with a capacity of greater than 20 liters. Note: 9A120 does not control model aircraft, specially designed for recreational or competition purposes. Technical Notes: 1. An aerosol consists of particulate or liquids other than fuel components, by—products or additives, as part of the “payload” to be dispersed in the atmosphere. Examples of aerosols include pesticides for crop dusting and dry chemicals for cloud seeding. 2. An aerosol dispensing system/mechanism contains all above devices (mechanical, electrical, hydraulic, etc.), which are necessary for storage and dispersion of an aerosol into the atmosphere. This includes the possibility of aerosol injection into the combustion exhaust vapor and into the propeller slip stream. 19. In Supplement No. 1 to part 774 (the Commerce Control List), Category 9—Propulsion Systems, Space Vehicles and Related Equipment, Export Control Classification Number
(ECCN)9A105 is amended by revising the Heading, to read as follows: 9B105 Wind tunnels for speeds of Mach 0.9 or more, usable for rockets, missiles, or unmanned aerial vehicles capable of achieving a “range” equal to or greater than 300 km and their subsystems. 20. In Supplement No. 1 to part 774 (the Commerce Control List), Category 9—Propulsion Systems, Space Vehicles and Related Equipment, Export Control Classification Number
(ECCN)9B117 is amended by revising the “items” paragraph in the List of Items Controlled section, to read as follows: 9B117 Test benches and test stands for solid or liquid propellant rockets, motors or rocket engines, having either of the following characteristics (see List of Items Controlled). List of Items Controlled *Unit:* * * * *Related Controls:* * * * *Related Definitions:* * * * *Items:* a. The capacity to handle solid or liquid propellant rocket motors or rocket engines having a thrust greater than 68 kN; or b. Capable of simultaneously measuring the three axial thrust components. 21. In Supplement No. 1 to part 774 (the Commerce Control List), Category 9—Propulsion Systems, Space Vehicles and Related Equipment, Export Control Classification Number
(ECCN)9C110 is amended by revising the Heading, to read as follows: 9C110 Resin impregnated fiber prepregs and metal coated fiber preforms therefor, for composite structures, laminates and manufactures specified in 9A110, made either with organic matrix or metal matrix utilizing fibrous or filamentary reinforcements having a “specific tensile strength” greater than 7.62 x 10 4 m and a “specific modulus” greater than 3.18 x 10 6 m. Dated: May 1, 2007. Christopher A. Padilla, Assistant Secretary for Export Administration. [FR Doc. E7-8685 Filed 5-4-07; 8:45 am] BILLING CODE 3510-33-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. CGD13-07-016] RIN 1625-AA08 Annual Seattle Yacht Club's “Opening Day” Marine Parade AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement. SUMMARY: The Coast Guard will enforce the Annual Seattle Yacht Club's “Opening Day” Marine Parade Special Local Regulations in Portage Bay, Portage Cut (Montlake Cut), and Union Bay from 8 a.m. to 3 p.m. on May 5, 2007. This action is necessary to ensure the safety of participants and spectators during the Annual Seattle Yacht Club's “Opening Day” Marine Parade. During the enforcement period, the regulated area shall be closed to all vessel traffic not participating in the event and authorized by the event sponsor or Coast Guard Patrol Commander. DATES: The regulations in 33 CFR 100.1304 will be enforced from 8 a.m. to 3 p.m. on May 5, 2007. FOR FURTHER INFORMATION CONTACT: Lieutenant Steve Kee, c/o Captain of the Port Puget Sound, Coast Guard Sector Seattle, 1519 Alaskan Way South, Seattle, WA 98134 at
(206)217-6002. SUPPLEMENTARY INFORMATION: On May 4, 1989, the Coast Guard published a final rule (54 FR 19167) which established a Special Local Regulation
(SLR)and modified the regulations in 33 CFR 100.1304 for the safe execution of the Annual Seattle Yacht Club's “Opening Day” Marine Parade on the waters of Portage Bay, Portage Cut (Montlake Cut), and Union Bay. This SLR provides for a regulated area to protect spectators and parade participants. Movements are regulated for all vessels in the area as described under 33 CFR 100.1304 or unless otherwise regulated by the Captain of the Port or his designee. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this SLR. The Coast Guard will enforce the SLR for the Annual Seattle Yacht Club's “Opening Day” Marine Parade, Seattle, WA in 33 CFR 100.1304 on May 5, 2007, from 8 a.m. to 3 p.m. Under the provisions of 33 CFR 100.1304, the regulated area shall be closed for the duration of the event to all vessel traffic not participating in the event and authorized by the event sponsor or Coast Guard Patrol Commander. All persons or vessels not registered with the sponsor as participants or not part of the regatta patrol are considered spectators. Spectator vessels must be at anchor within a designated spectator area or moored to a waterfront facility in a way that will not interfere with the progress of the event. The following are established as spectator areas:
(i)Northwest of the University Bridge.
(ii)North of the log boom that will be placed in Union Bay.
(iii)East of Webster Point so as not to interfere with the participating vessels departing Union Bay. No spectators shall anchor, block, loiter in, or impede the through transit of participants or official patrol vessels in the regulated area during the effective dates and times unless cleared for such entry by the Patrol Commander. Due to the large number of craft confined within this small body of water, all vessels, both spectator and participants, will maintain a “NO WAKE” speed. This requirement will be strictly enforced to preserve the safety of both life and property. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. This notice is issued under authority of 33 CFR 100.1304
(c)and 5 U.S.C. 552 (a). Dated: April 20, 2007. Mark J. Huebschman, Commander, U.S. Coast Guard, Captain of the Port, Puget Sound, Acting. [FR Doc. E7-8606 Filed 5-4-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD05-07-015] RIN 1625-AA00 Security Zone: America's 400th Celebration, Jamestown, VA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The United States Coast Guard is amending the security zone encompassing waters within 2-nautical miles of Church Point, Jamestown Island, VA, for America's 400th Anniversary celebration. This action is intended to restrict vessel traffic within the security zone. This security zone is necessary to protect attendees of this event from potential maritime hazards and threats and enhance public and maritime security. DATES: This rule is effective from 7 a.m. on May 11, 2007 until 10 p.m. on May 13, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket CGD05-07-015 and are available for inspection or copying at USCG Sector Hampton Roads, 4000 Coast Guard Blvd., Portsmouth, Virginia 23703, between 9:30 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: LCDR Thomas Tarrants, Enforcement Branch Chief, U.S. Coast Guard Sector Hampton Roads, Virginia at
(757)483-8571. SUPPLEMENTARY INFORMATION: Regulatory Information Pursuant to 5 U.S.C. 553(b)(B), a notice of proposed rulemaking
(NPRM)was not published for this regulation. Good cause exists for not publishing a NPRM for this regulation. This amended temporary final rule is of limited duration and is necessary to provide for the security of dignitaries and the public attending the America's 400th Anniversary celebration. For the same reasons good cause exists for making this regulation effective less than 30 days after **Federal Register** publication under 5 U.S.C. 553(d)(3). Background and Purpose Following terrorist attacks on the United States in September 2001, there is now a heightened awareness that vessels or persons could engage in subversive activity against targets ashore in the United States. This regulation is necessary to protect attendees of America's 400th Anniversary celebration on Jamestown Island, VA, from potential maritime threats. The Coast Guard previously published a NPRM in the **Federal Register** (72 FR 10958) and a temporary final rule in the **Federal Register** (72 FR 20053) implementing a security zone for this event. Under the temporary final rule, the security zone was in effect from 3 p.m. on May 11, 2007 until 10 p.m. on May 11, 2007; from 9 a.m. until 11 p.m. on May 12, 2007; and from 9 a.m. until 10 p.m. on May 13, 2007. Action is needed to provide additional protection for additional dignitaries and members of the public added after the publication of the temporary rule. As amended, this temporary security zone will only be in effect from 7 a.m. on May 11, 2007 until 10 p.m. on May 13, 2007. The operators of the Jamestown Ferry have already been contacted and agree to operate on a modified schedule within the security zone. This zone will have minimal impact on vessel transits because vessels can request authorization from the Captain of the Port
(COTP)to safely transit through the zone and they are not precluded from using any portion of the waterway except the security zone area itself. Additionally, public notifications announcing this regulation will be made via marine information broadcasts prior to the zone taking effect. Discussion of Rule The Coast Guard is amending the temporary security zone near Jamestown Island to provide protection to dignitaries and the public visiting the island. We are amending the temporary final rule to create a continuous effective period throughout the event. The amended security zone will be effective from 7 a.m. on May 11, 2007, until 10 p.m. on May 13, 2007. The amended security zone will also be enforced from 7 a.m. on May 11, 2007, until 10 p.m. on May 13, 2007. The security zone will encompass all navigable waters around Jamestown Island, VA within a 2-nautical mile radius of Church Point at 37-12.45N, 076-46.66W. No persons or vessels may enter or remain in the regulated area without authorization by the Captain of the Port, Hampton Roads, or his designated representative. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this rule to be so minimal that a full regulatory evaluation is unnecessary. Although this rulemaking restricts access to the regulated area, the effect of this rulemaking will not be significant because:
(i)The COTP may authorize access to the security zone;
(ii)the security zone will be in effect for a limited duration;
(iii)the Coast Guard will make notifications via maritime advisories so mariners can adjust their plans accordingly. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. However, this rule may affect the following entities, some of which may be small entities: the owners and operators of vessels intending to transit or anchor in the described portion of the security zone between 7 a.m. on May 11, 2007, to 10 p.m. on May 13, 2007. The security zone will not have a significant impact on a substantial number of small entities because the zone does not encompass a high vessel traffic area, and vessels can request authorization from the COTP to enter the zone. Maritime advisories will also be issued, so the mariners can adjust their plans accordingly. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rulemaking would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact LCDR Thomas Tarrants, Enforcement Branch Chief, U.S. Coast Guard Sector Hampton Roads, Virginia at
(757)483-8571. 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 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 U.S. 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 affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that 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. It has not been designated by the Administrator of the Office of Information and Regulatory Affairs 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 M16475.1D 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, we believe that this rule should be categorically excluded, under figure 2-1, paragraph (34)(g), of the Instruction, from further environmental documentation. 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 & recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 subpart D 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. Amend temporary § 165.T05-015 by revising paragraphs
(d)and
(e)to read as follows: § 165.T05-015 Security Zone: Jamestown Island, VA.
(d)*Enforcement period:* The security zone will be enforced from 7 a.m. on May 11, 2007, until 10 p.m. on May 13, 2007.
(e)*Effective period:* This regulation is effective from 7 a.m. on May 11, 2007, to 10 p.m. on May 13, 2007. Dated: April 27, 2007. John S. Kenyon, Commander, U.S. Coast Guard, Acting Captain of the Port, Hampton Roads. [FR Doc. 07-2246 Filed 11-3-07; 11:02 am]
Connectionstraces to 27
Traces to 27 documents
register
CFR
U.S. Code
- Rule making§ 553
- Purposes§ 3501
- Definitions§ 601
- Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities§ 1701
- Recruit basic training: privacy§ 7420
- Economic and communication sanctions pursuant to United Nations Security Council Resolution§ 287c
- Congressional declaration of policy§ 3201
- Support for Cuban people§ 6004
- Rights-of-way for pipelines through Federal lands§ 185
- Regulations implementing requirements relating to licensing for components and other parts of facilities§ 2139a
- Repealed. Pub. L. 114–113, div. O, title I, § 101(a), Dec. 18, 2015, 129 Stat. 2987§ 6212
- Limitations on export of oil or gas§ 1354
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Avoidance of duplicative or unnecessary analyses§ 605
- Establishment, functions, and activities§ 272
- Transferred§ 1226
- Transferred§ 191
18 references not yet in our index
- 7 CFR 959
- 7 USC 601-674
- 7 CFR 51.3195-3212
- 7 CFR 51.2830-2854
- 15 CFR 772
- 15 CFR 774
- 10 USC 7430(e)
- Pub. L. 106-387
- Pub. L. 107-56
- 22 CFR 121
- 33 CFR 100
- 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
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Interim final rule with request for comments
Cite7 CFR 959
Cite7 USC 601-674
Cite7 CFR 51.3195-3212
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