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Code · REGISTER · 2007-09-05 · Air Force Air Force Department NOTICES Environmental statements; record of decision: Cannon Air force Base, NM; New Mexico; Special Operations Command Assets Beddown, 50940 E7-17515 Centers Centers fo · Unknown

Unknown. Final rule

12,584 words·~57 min read·/register/2007/09/05/07-4357

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-2007-09-05.xml --- 72 171 Wednesday, September 5, 2007 Contents Air Force Air Force Department NOTICES Environmental statements; record of decision: Cannon Air force Base, NM; New Mexico; Special Operations Command Assets Beddown, 50940 E7-17515 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 50970 E7-17519 National Center for Environmental Health/Agency for Toxic Substances and Disease Registry, 50970 E7-17522 Centers Centers for Medicare & Medicaid Services RULES Medicare:
Physicians referrals to health care entities with which they have financial relationships (Phase III), 51012-51099 07-4252 Children Children and Families Administration RULES Child Care and Development Fund: Error rate reporting, 50889-50900 07-4308 NOTICES Agency information collection activities; proposals, submissions, and approvals, 50970-50971 07-4310 07-4311 Coast Guard Coast Guard RULES Drawbridge operations: New York; correction, 50875-50876 E7-17509 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:
Nawiliwili Harbor, Kauai, HI, 50877-50879 07-4357 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 50931 E7-17539 Corporation Corporation for National and Community Service RULES Criminal history checks; Senior Companions, Foster Grandparents, and AmeriCorps Program participants Correction, 51009 Z7-16681 Defense Defense Department See Air Force Department See Navy Department NOTICES Meetings:
Military Personnel Testing Advisory Committee, 50940 07-4314 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Postsecondary education— Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship Program, 50942-50945 E7-17526 Special education and rehabilitative services— State Personnel Development Program, 50946-50952 E7-17524 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.:
Arizona Textile, 50980 E7-17472 Joan Fabrics Corp., 50980 E7-17471 LINQ Industrial Fabrics, Inc., 50980-50981 E7-17477 Novacel, Inc., et al., 50981-50982 E7-17470 Sekeley Industries, Inc., 50982 E7-17473 South Indiana Lumber Co., Inc., 50982-50983 E7-17476 Unifi, Inc., 50983 E7-17475 VyTech Industries, Inc., 50983 E7-17474 Agency information collection activities; proposals, submissions, and approvals, 50983-50985 E7-17498 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:
Environmental Management Site-Specific Advisory Board— Savannah River Site, SC, 50952 E7-17495 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: New Mexico, 50879-50882 E7-17514 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Iowa, 50913-50916 E7-17414 NOTICES Meetings: Clean Air Act Advisory Committee, 50953 E7-17513 Reports and guidance documents; availability, etc.:
Child-Specific Exposure Factors Handbook; peer-review panel workshop, 50954 E7-17540 Toxic and hazardous substance control: Citizens’ petitions— Sierra Club et al., 50954-50960 E7-17542 Executive Executive Office of the President See Presidential Documents FCC Federal Communications Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 50960-50965 E7-17503 E7-17505 E7-17507 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 50952-50953 E7-17443 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:
Formations, acquisitions, and mergers, 50965 E7-17489 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 50965-50966 07-4350 Federal Transit Federal Transit Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-17456 51003-51004 E7-17461 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Hine's emerald dragonfly, 51102-51152 07-4194 PROPOSED RULES Endangered and threatened species:
Critical habitat designations— Marbled murrelet and northern spotted owl; recovery plan, 50929-50930 E7-17236 Rio Grande silvery minnow; nonessential experimental population reintroduction in the Big Bend Reach (of the Rio Grande), 50918-50929 07-4286 NOTICES Endangered and threatened species permit applications, determinations, etc., 50974-50975 E7-17504 Environmental statements; availability, etc.: Incidental take permits— Adrian, MN; Topeka shiner, 50975-50976 E7-17520 Lane County, OR;
Oregon chub; safe harbor agreement, 50976-50977 07-4316 Marine mammal permit applications, determinations, etc., 50977-50978 E7-17502 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Substance Abuse and Mental Health Services Administration NOTICES Reports and guidance documents; availability, etc.: Research involving adult individuals with impaired decision-making capacity; information request, 50966-50970 E7-17490 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 50973-50974 E7-17487 E7-17488 Industry Industry and Security Bureau RULES Export Administration regulations; legal authority citations updates, 50869-50871 E7-17532 PROPOSED RULES Export administration regulations:
Foreign policy-based export controls, 50912-50913 E7-17525 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service PROPOSED RULES Excise taxes: Prohibited tax shelter transactions; disclosure requirements Correction, 51009 Z7-12902 International International Trade Administration NOTICES Antidumping: Frozen warmwater shrimp from— Thailand, 50931-50933 E7-17517 Wooden bedroom furniture from— China, 50933 E7-17518 North American Free Trade Agreement (NAFTA); binational panel reviews:
Oil country tubular goods from— Mexico, 50934 E7-17506 Tariff rate quotas: Worsted wool fabrics, 50934-50935 E7-17541 E7-17548 *Applications, hearings, determinations, etc.:* University of— California at Irvine, 50933-50934 E7-17516 International International Trade Commission NOTICES Import investigations: Modified vaccinia ankara viruses, vaccines and pharmaceutical compositions, 50978 E7-17465 Import investigations: Wireless communication equipment, articles, and products containing same, 50978-50979 E7-17464 Labor Labor Department See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 50979 E7-17483 Land Land Management Bureau RULES Reports and guidance documents; availability, etc.:
Cost Recovery Fees; adjustment, 50882-50889 E7-17375 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 50985 07-4348 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA International Space Station Advisory Committee, 50985-50986 E7-17468 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Interior impact occupant protection, 50900-50906 07-4324 NOTICES Agency information collection activities; proposals, submissions, and approvals, 51004-51006 E7-17144 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 50906-50911 E7-17523 NOTICES Agency information collection activities; proposals, submissions, and approvals, 50935-50938 E7-17529 E7-17531 E7-17534 E7-17537 Marine mammal permit applications, determinations, etc., 50938 E7-17512 Meetings: Western Pacific Regional Fishery Management Council, 50938-50939 E7-17466 Ocean and coastal resource management: Wells
(ME)National Estuarine Research Reserve; management plan; revisions, 50939-50940 E7-17482 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 50986 07-4352 Navy Navy Department NOTICES Environmental statements; notice of intent: Virginia Capes Range Complex, VA, 50940-50941 E7-17521 Meetings: Naval Research Advisory Committee, 50941 E7-17508 Patent licenses; non-exclusive, exclusive or partially exclusive: Annapolis Remote Acquisitions, LLC, 50941 E7-17510 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 50992 07-4351 *Applications, hearings, determinations, etc.:* Exelon Generation Co., LLC, 50986-50988 E7-17493 Nebraska Public Power District, 50988-50991 E7-17500 Nuclear Fuel Services, Inc., 50991 E7-17501 University of Washington, 50991-50992 E7-17494 Office Office of the Special Counsel NOTICES Privacy Act; systems of records, 50998-51002 E7-17496 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Employer Support of the Guard and Reserve Week (Proc. 8171), 51157-51158 07-4372 National Preparedness Month (Proc. 8170), 51153-51156 07-4371 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Rydex ETF Trust et al., 50992-50994 E7-17499 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 50994-50997 E7-17478 E7-17479 SBA Small Business Administration NOTICES Disaster loan areas: Ohio, 50997 E7-17528 Vermont, 50997 E7-17530 Meetings: District and Regional Advisory Councils— Washington, DC, 50998 E7-17527 Social Social Security Administration RULES Supplemental security income: Social Security Protection Act of 2004— Individuals residing in medical treatment facilities; reduced benefit rate, 50871-50875 E7-17403 Special Special Counsel Office See Office of the Special Counsel Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 50971-50973 E7-17511 Surface Surface Transportation Board NOTICES Railroad services abandonment: BNSF Railway Co., 51006-51007 E7-17172 Transportation Transportation Department See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board See Transportation Statistics Bureau NOTICES Aviation proceedings: Certificates of public convenience and necessity and foreign air carrier permits; weekly, 51002 E7-17536 Transportation Transportation Security Administration PROPOSED RULES Civil aviation security: Secure Flight Program; public meeting, 50916-50918 E7-17607 Transportation Transportation Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 51007 E7-17497 Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 51007-51008 E7-17467 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 51012-51099 07-4252 Part III Interior Department, Fish and Wildlife Service, 51102-51152 07-4194 Part IV Executive Office of the President, Presidential Documents, 51153-51158 07-4371 07-4372 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. 72 171 Wednesday, September 5, 2007 Rules and Regulations DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 730, 732, 734, 736, 738, 740, 742, 743, 744, 745, 746, 747, 748, 750, 752, 754, 756, 758, 760, 762, 764, 766, 768, 770, 772 and 774 [Docket No. 070809455-7478-01] RIN 0694-AE12 Updated Statements of Legal Authority for the Export Administration Regulations AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. SUMMARY: This rule updates the Code of Federal Regulations legal authority citations for the Export Administration Regulations
(EAR)to include the citation to the President's Notice of August 15, 2007—Continuation of Emergency Regarding Export Control Regulations. DATES: This rule is effective September 5, 2007. ADDRESSES: Comments concerning this rule should be sent to *publiccomments@bis.doc.gov,* fax
(202)482-3355, or to Regulatory Policy Division, Bureau of Industry and Security, Room H2705, U.S. Department of Commerce, Washington, DC 20230. Please refer to regulatory identification number
(RIN)0694-AE12 in all comments, and in the subject line of e-mail comments. FOR FURTHER INFORMATION CONTACT: William Arvin, Regulatory Policy Division, Bureau of Industry and Security, Telephone:
(202)482-2440. SUPPLEMENTARY INFORMATION: Background Since the expiration of the Export Administration Act on August 20, 2001, the EAR have been continued in force pursuant to Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783
(2002)and the annual notices declaring the continuation of the international emergency noted in that Executive Order. This rule revises the citations of authority in the Code of Federal Regulations for all parts of the EAR to reflect the legal authorities in effect as a result to the President's notice of August 15, 2007—Continuation of Emergency Regarding Export Control Regulations (72 FR 46137, August 16, 2007). Rulemaking Requirements 1. This rule has been determined to be not significant for purposes of Executive Order 12866. 2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) (PRA), unless that collection of information displays a currently valid Office of Management and Budget
(OMB)Control Number. This rule does not involve any collection of information. 3. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 13132. 4. The Department finds that there is good cause under 5 U.S.C. 553(b)(B) to waive the provisions of the Administrative Procedure Act requiring prior notice and the opportunity for public comment because they are unnecessary. This rule only updates legal authority citations. This rule does not alter any right, obligation or prohibition that applies to any person under the EAR. Because these revisions are not substantive changes, it is unnecessary to provide notice and opportunity for public comment. In addition, the 30-day delay in effectiveness required by 5 U.S.C. 553(d) is not applicable because this rule is not a substantive rule. List of Subjects 15 CFR Part 730 Administrative practice and procedure, Advisory committees, Exports, Reporting and recordkeeping requirements, Strategic and critical materials. 15 CFR Parts 732, 740, 748, 750, 752 and 758 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. 15 CFR Part 734 Administrative practice and procedure, Exports, Inventions and patents, Research, Science and technology. 15 CFR Parts 736, 738, 770 and 772 Exports. 15 CFR Part 742 Exports, Terrorism. 15 CFR Part 743 Administrative practice and procedure, Reporting and recordkeeping requirements. 15 CFR Part 744 Exports, Reporting and recordkeeping requirements, Terrorism. 15 CFR Part 745 Administrative practice and procedure, Chemicals, Exports, Foreign trade, Reporting and recordkeeping requirements. 15 CFR Part 746 and 774 Exports, Reporting and recordkeeping requirements. 15 CFR Part 747 Administrative practice and procedure, Exports, Foreign trade, Reporting and recordkeeping requirements. 15 CFR Part 754 Agricultural commodities, Exports, Forests and forest products, Horses, Petroleum, Reporting and recordkeeping requirements. 15 CFR Part 756 Administrative practice and procedure, Exports, Penalties. 15 CFR Part 760 Boycotts, Exports, Reporting and recordkeeping requirements. 15 CFR Part 762 Administrative practice and procedure, Business and industry, Confidential business information, Exports, Reporting and recordkeeping requirements. 15 CFR Part 764 Administrative practice and procedure, Exports, Law Enforcement, Penalties. 15 CFR Part 766 Administrative practice and procedure, Confidential business information, Exports, Law enforcement, Penalties. 15 CFR Part 768 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements, Science and technology. Accordingly, parts 730, 732, 734, 736, 738, 740, 742, 743, 744, 745, 746, 747, 748, 750, 752, 754, 756, 758, 760, 762, 764, 766, 768, 770, 772 and 774 of the EAR (15 CFR parts 700-799) are amended as follows: PART 730—[AMENDED] 1. The authority citation for 15 CFR part 730 is revised 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. 2151 note, Pub. L. 108-175; 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. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42 FR 35623, 3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p. 256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR 26751, May 13, 2004; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 FR 64109 (October 31, 2006); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 732—[AMENDED] 2. The authority citation for 15 CFR part 732 is revised to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.;* 50 U.S.C. 1701 *et seq.;* 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); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 734—[AMENDED] 3. The authority citation for 15 CFR part 734 is revised to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.;* 50 U.S.C. 1701 *et seq.;* E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 219; 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); Notice of October 27, 2006, 71 FR 64109 (October 31, 2006); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 736—[AMENDED] 4. The authority citation for 15 CFR part 736 is revised to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.;* 50 U.S.C. 1701 *et seq.;* 22 U.S.C. 2151 (note), Pub. L. 108-175; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, May 13, 2004; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 FR 64109 (October 31, 2006); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 738—[AMENDED] 5. The authority citation for 15 CFR part 738 is revised 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); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 740—[AMENDED] 6. The authority citation for 15 CFR part 740 is revised to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; Sec. 901-911, Pub. L. 106-387; 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); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 742—[AMENDED] 7. The authority citation for 15 CFR part 742 is revised to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; 22 U.S.C. 3201 *et seq.* ; 42 U.S.C. 2139a; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 FR 64109 (October 31, 2006); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 743—[AMENDED] 8. The authority citation for 15 CFR part 743 is revised to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; Pub. L. 106-508; 50 U.S.C. 1701 *et seq.* ; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 744—[AMENDED] 9. The authority citation for 15 CFR part 744 is revised to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; 22 U.S.C. 3201 *et seq.* ; 42 U.S.C. 2139a; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 FR 64109 (October 31, 2006); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 745—[AMENDED] 10. The authority citation for 15 CFR part 745 is revised to read as follows: Authority: 50 U.S.C. 1701 *et seq.* ; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; Notice of October 27, 2006, 71 FR 64109 (October 31, 2006). PART 746—[AMENDED] 11. The authority citation for 15 CFR part 746 is revised to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; 22 U.S.C. 287c; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C. 6004; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Presidential Determination 2007-7 of December 7, 2006, 72 FR 1899 (January 16, 2007); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 747—[AMENDED] 12. The authority citation for 15 CFR part 747 is revised to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 748—[AMENDED] 13. The authority citation for 15 CFR part 748 is revised to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; 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); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 750—[AMENDED] 14. The authority citation for 15 CFR part 750 is revised to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 752—[AMENDED] 15. The authority citation for 15 CFR part 752 is revised to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 754—[AMENDED] 16. The authority citation for 15 CFR part 754 is revised 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); 30 U.S.C. 185(s), 185(u); 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 756—[AMENDED] 17. The authority citation for 15 CFR part 756 is revised 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); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 758—[AMENDED] 18. The authority citation for 15 CFR part 758 is revised 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); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 760—[AMENDED] 19. The authority citation for 15 CFR part 760 is revised 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); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 762—[AMENDED] 20. The authority citation for 15 CFR part 762 is revised 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); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 764—[AMENDED] 21. The authority citation for 15 CFR part 764 is revised 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); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 766—[AMENDED] 22. The authority citation for 15 CFR part 766 is revised 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); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 768—[AMENDED] 23. The authority citation for 15 CFR part 768 is revised 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); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 770—[AMENDED] 24. The authority citation for 15 CFR part 770 is revised 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); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 772—[AMENDED] 25. The authority citation for 15 CFR part 772 is revised 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); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). PART 774—[AMENDED] 26. The authority citation for 15 CFR part 774 is revised 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); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). Dated: August 29, 2007. Christopher A. Padilla, Assistant Secretary for Export Administration. [FR Doc. E7-17532 Filed 9-4-07; 8:45 am] BILLING CODE 3510-33-P SOCIAL SECURITY ADMINISTRATION 20 CFR Part 416 [Docket No. SSA-2006-0103] RIN 0960-AF99 Technical Updates to Applicability of the Supplemental Security Income
(SSI)Reduced Benefit Rate for Individuals Residing in Medical Treatment Facilities AGENCY: Social Security Administration (SSA). ACTION: Final rules. SUMMARY: We are revising our regulations to reflect two provisions of the Balanced Budget Act of 1997 that affect the payment of benefits under title XVI of the Social Security Act (the Act). One of the provisions extended temporary institutionalization benefits to children receiving SSI benefits who enter private medical treatment facilities and who otherwise would be ineligible for temporary institutionalization benefits because of private insurance coverage. The other provision replaced obsolete terminology in the Act that referred to particular kinds of medical facilities and substituted a broader, more descriptive term. DATES: These final rules are effective October 5, 2007. FOR FURTHER INFORMATION CONTACT: Curt Dobbs, Social Insurance Specialist, Office of Income Security Programs, Social Security Administration, 252 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401,
(410)965-7963, for information about this notice. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet 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 The basic purpose of the SSI program is to ensure a minimum level of income to individuals who are age 65 or older, or blind or disabled, and who have limited income and resources. The Balanced Budget Act of 1997 (Pub. L. 105-33), enacted August 5, 1997, contained two provisions that affected the payment of SSI benefits to certain SSI beneficiaries who are institutionalized. One of the provisions extended temporary institutionalization benefits to children who enter private medical treatment facilities and who otherwise would be subject to a reduced benefit because of private insurance coverage. The other provision removed obsolete terminology in the Act that referred to particular categories of inpatient medical facilities and substituted the broader, more descriptive term “medical treatment facility.” This change in terminology permits us to correct an unintended inequity in the amount of SSI benefits that were payable to certain children under the obsolete terminology. Extending Temporary Institutionalization Benefits to Children Under Age 18 in Private Institutions Residents of public institutions generally are ineligible to receive SSI payments. However, there are some exceptions to this general rule. One exception in section 1611(e)(1)(B) of the Act provides that residents of medical treatment facilities (which we define as a facility licensed or otherwise approved by a Federal, State, or local government to provide inpatient medical care and services) may be eligible for SSI if Medicaid pays a substantial part (more than 50 percent) of the cost of the beneficiary's care. In such cases, SSI payments to the resident of the medical treatment facility are limited to a maximum of $30 a month. Another exception in section 1611(e)(1)(G) of the Act allows payment of full SSI benefits for up to 3 full months after entering a public facility if a physician certifies that the recipient's stay in the facility is likely not to exceed 3 months and we determine the recipient needs to continue to maintain and provide for the expenses of the home to which he or she may return. These benefits are referred to as “temporary institutionalization benefits.” The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), enacted August 22, 1996, amended section 1611(e)(1)(B) of the Act to allow children under age 18 who are in medical treatment facilities and who have private health insurance to receive the reduced SSI payment ($30). However, Public Law 104-193 did not amend the statutory provision on temporary institutionalization to extend such benefits to children with private health insurance. Consequently, children who were temporarily in private medical facilities could not be eligible for 3 months of full benefits if private health insurance, or a combination of Medicaid and private health insurance, paid more than 50 percent of the cost of their care. Payments to these children were limited to the reduced benefit amount of no more than $30 a month beginning with their first full month of institutionalization. Section 5522(c) of Public Law 105-33 revised section 1611(e)(1)(G) of the Act to correct this omission. Prior to this revision, section 1611(e)(1)(G) specified that the recipient must be an inmate of either a public institution whose primary purpose is to provide medical or psychiatric care, or a hospital, extended care facility, nursing home, or intermediate care facility that receives payments under a State plan approved under title XIX. As a result of Public Law 105-33, and subject to SSI eligibility and benefit computation rules, those children in private medical facilities for whom private health insurance, or a combination of Medicaid and private health insurance was paying more than 50 percent of the cost of care, now can be eligible for continuation of their full SSI benefits for up to 3 months under section 1611(e)(1)(G) of the Act. For example, when a child who is receiving SSI while living at home goes into a medical treatment facility, and private insurance through the parent's employment pays for more than 50 percent of the cost of care, the child can continue to receive SSI benefits during a temporary institutionalization of up to 3 months. Providing SSI benefits during a temporary period of institutionalization is designed to enable SSI beneficiaries (adult or child) to provide for the expenses of the home where they live and to reduce the risk of losing their place of residence due to a sudden loss of SSI benefits during a temporary period of institutionalization. Revised Terminology for Inpatient Providers Section 5522(c) of Public Law 105-33 also replaced outdated terminology in section 1611(e)(1)(B) the Act. Prior to this statutory change, section 1611(e)(1)(B) specified certain categories of inpatient providers used in the Medicaid program. In the early years of the SSI program, the terminology “hospital, extended care facility, nursing home, or intermediate care facility” provided a comprehensive list of all possible inpatient settings as defined by the Medicaid program. However, as Medicaid dropped or renamed some of those coverage categories and added new categories, the list in section 1611(e)(1)(B) became obsolete and was no longer used. As a result, prior to Public Law 105-33, children in certain kinds of inpatient facilities were subject to the reduced benefit amount of no more than $30, while children in other kinds of Medicaid covered inpatient facilities could receive the full SSI benefit. For example, Medicaid created the new coverage category of Psychiatric Residential Treatment Facility
(PRTF)for individuals under age 21. PRTFs can receive substantial Medicaid payments, including the room and board payment. Before Public Law 105-33 made this technical amendment, children residing in a PRTF received full SSI benefits because that kind of facility was not listed in section 1611(e)(1)(B) as a facility whose residents would be subject to the $30 payment limit. For many PRTF residents, Medicaid was paying all of their expenses, and yet Public Law 104-193 required payment of the full SSI benefit rate. This situation created an inequity between those children and children in other kinds of Medicaid covered inpatient facilities. This change in terminology now allows for similarly situated children (i.e., children residing in medical treatment facilities where Medicaid is providing for more than 50 percent of the cost of their care) to be paid the same amount of SSI benefits. Explanation of Changes We are making the following changes to our rules to codify provisions of Public Law 105-33 that affect the payment of benefits under title XVI of the Act to individuals who are in institutions: • We are revising § 416.212(b)(1) by adding “or private” to the introductory text to reflect the provision that gives full temporary institutionalization benefits to children who enter private medical treatment facilities when Medicaid pays more than 50 percent of the cost of their care. • We are revising §§ 416.201 and 416.414(c) to remove the definition for “medical care facility” and replace it with a new definition for “medical treatment facility.” • We are amending §§ 416.201, 416.211(b) and (c)(5)(iv), 416.414(a), (b)(2) and (3)(i)-(ii), 416.571, 416.1149(a)(1) and (c)(1)(i)-(ii), 416.1165(g)(6) and (i)(1), 416.1167(a)(2), and 416.1202(b)(2)(i) by eliminating the obsolete terms “medical facility” and “medical care facility” and replacing them with the term “medical treatment facility.” • We are amending § 416.708(k) by eliminating the terms “hospital,” “skilled nursing facility,” and “intermediate care facility” and replacing them with the term “medical treatment facility.” On March 26, 2007, we published proposed rules in the **Federal Register** at 72 FR 14053 and provided a 60-day comment period. We did not receive any comments. Therefore, we are publishing the text of the proposed rules unchanged in these final rules. Regulatory Procedures Executive Order 12866 The Office of Management and Budget
(OMB)determined that the proposed rules on which these final rules are based, published on March 26, 2007 at 72 FR 14053, met the criteria for a significant regulatory action under Executive Order 12866, as amended. Therefore, they were subject to OMB review. We received no public comments on the proposed rules and are publishing these final rules exactly as proposed. For this reason, OMB determined that it did not need to review the final rules. We have also determined that these final rules meet the plain language requirement of Executive Order 12866, as amended. Regulatory Flexibility Act We certify that these final rules will not have a significant economic impact on a substantial number of small entities as they affect individuals only. Therefore, a regulatory flexibility analysis as provided in the Regulatory Flexibility Act, as amended, is not required. Paperwork Reduction Act In order to codify two provisions of the Balanced Budget Act of 1997, we are revising our regulations that affect the payment of benefits under title XVI of the Act. One of the provisions extended temporary institutionalization benefits to children who enter private medical treatment facilities and who otherwise would be subject to a reduced benefit because of private insurance coverage. The other provision replaced obsolete terminology in the Act that referred to particular kinds of medical facilities and substituted a broader, more descriptive term. As a result, we are amending the terminology in § 416.708
(k)by eliminating the terms “hospital,” “skilled nursing facility,” and “intermediate care facility” and replacing them with the term “medical treatment facility.” As outlined below, this section contains specific public reporting requirements that require clearance under the Paperwork Reduction Act of 1995. Respondents to this collection are SSI recipients who are admitted to, or discharged from, a medical treatment facility or other public or private institution. Title/section & collection description Annual number of respondents Frequency of response Average burden per response (minutes) Estimated annual burden (hours) What you must report § 416.708(k) Admission to or discharge from:
(1)A medical treatment facility 34,200 1 7 3,990
(2)A public institution, or
(3)A private institution. In the publication of the proposed rules on March 26, 2007, we solicited comments on the burden estimate; the need for the information; its practical utility; ways to enhance its quality, utility and clarity; and ways to minimize the burden on respondents, including the use of automated collection techniques or other forms of information technology. We received no public comments in response to this solicitation. On April 4, 2007, OMB filed comment in accordance with 5 CFR 1320.11(c), requiring us to review public comments in response to the proposed rules and address any such comments in the preamble of the final rules. As a result, we have submitted a new clearance package for OMB review and approval. These information collection requirements will not become effective until approved by OMB. When OMB has approved these information collection requirements, we will publish a notice in the **Federal Register** . 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 No. 96.006, Supplemental Security Income) List of Subjects in 20 CFR Part 416 Administrative practice and procedure, Aged, Blind, Disability benefits, Public assistance programs, Reporting and recordkeeping requirements, Supplemental Security Income (SSI). Dated: August 28, 2007. Michael J. Astrue, Commissioner of Social Security. For the reasons set out in the preamble, we are amending subparts B, D, E, G, K, and L of part 416 of chapter III of title 20 of the Code of Federal Regulations as follows: PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Subpart B—[Amended] 1. The authority citation for subpart B of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1110(b), 1602, 1611, 1614, 1619(a), 1631, and 1634 of the Social Security Act (42 U.S.C. 902(a)(5), 1310(b), 1381a, 1382, 1382c, 1382h(a), 1383, and 1383c); secs. 211 and 212, Pub. L. 93-66, 87 Stat. 154 and 155 (42 U.S.C. 1382 note); sec. 502(a), Pub. L. 94-241, 90 Stat. 268 (48 U.S.C. 1681 note); sec. 2, Pub. L. 99-643, 100 Stat. 3574 (42 U.S.C. 1382h note). 2. Section 416.201 is amended by removing the definition of “Medical care facility” and adding a definition of “Medical treatment facility” in alphabetical order to read as follows: § 416.201 General definitions and terms used in this subpart. *Medical treatment facility* means an institution or that part of an institution that is licensed or otherwise approved by a Federal, State, or local government to provide inpatient medical care and services. §§ 416.201 and 416.211 [Amended] 3. In 20 CFR part 416, subpart B, remove the words “medical facility” and “medical care facility” each time they appear and add in their place the words “medical treatment facility” in the following places: a. Section 416.201 in the definitions of “Medical care facility” and “Public emergency shelter for the homeless”; and b. Section 416.211(b) and (c)(5)(iv). 4. Section 416.212 is amended by revising the introductory text in paragraph (b)(1) to read as follows: § 416.212 Continuation of full benefits in certain cases of medical confinement.
(b)* * *
(1)Subject to eligibility and regular computation rules (see subparts B and D of this part), you are eligible for the benefits payable under section 1611(e)(1)(G) of the Social Security Act for up to 3 full months of medical confinement during which your benefits would otherwise be suspended because of residence in a public institution or reduced because of residence in a public or private institution where Medicaid pays a substantial part (more than 50 percent) of the cost of your care or, if you are a child under age 18, reduced because of residence in a public or private institution which receives payments under a health insurance policy issued by a private provider, or a combination of Medicaid and a health insurance policy issued by a private provider, pay a substantial part (more than 50 percent) of the cost of your care if— Subpart D—[Amended] 5. The authority citation for subpart D of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1611(a), (b), (c), and (e), 1612, 1617, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5), 1382(a), (b), (c), and (e), 1382a, 1382f, and 1383). 6. Section 416.414 is amended by: a. Revising the section heading; b. Removing the words “medical care facilities” and adding “medical treatment facilities” in their place in paragraphs
(a)and (b)(2); c. Removing the words “medical care facility” and adding “medical treatment facility” in their place in paragraphs (b)(3)(i) and (ii); and d. Revising paragraph (c). The revisions read as follows: § 416.414 Amount of benefits; eligible individual or eligible couple in a medical treatment facility.
(c)*Definition.* For purposes of this section, a *medical treatment facility* means an institution or that part of an institution that is licensed or otherwise approved by a Federal, State, or local government to provide inpatient medical care and services. Subpart E—[Amended] 7-8. The authority citation for subpart E of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1147, 1601, 1602, 1611(c) and (e), and 1631(a)-(d) and
(g)of the Social Security Act (42 U.S.C. 902(a)(5), 1320b-17, 1381, 1381a, 1382(c) and (e), and 1383(a)-(d) and (g)); 31 U.S.C. 3720A. § 416.571 [Amended] 9. In § 416.571, remove the words “medical facility” in the last sentence and add in their place the words “medical treatment facility”. Subpart G—[Amended] 10. The authority citation for subpart G of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1611, 1612, 1613, 1614, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5), 1382, 1382a, 1382b, 1382c, and 1383); sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note), sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note). 11. Section 416.708 is amended by revising paragraph
(k)to read as follows: § 416.708 What you must report.
(k)*Admission to or discharge from a medical treatment facility, public institution, or private institution.* You must report to us your admission to or discharge from—
(1)A medical treatment facility; or
(2)A public institution (defined in § 416.201); or
(3)A private institution. *Private institution* means an institution as defined in § 416.201 which is not administered by or the responsibility of a governmental unit. Subpart K—[Amended] 12. The authority citation for subpart K of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f), 1621, 1631, and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 1383 and 1383b); sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note). § 416.1149 [Amended] 13. In § 416.1149, remove the words “medical care facility” and add “medical treatment facility” in their place in paragraphs (a)(1) and (c)(1)(i) and (ii). § 416.1165 [Amended] 14. In § 416.1165, remove the words “medical care facility” and add “medical treatment facility” in their place in paragraph (g)(6) and remove the words “medical facility” and add “medical treatment facility” in their place in paragraph (i)(1). § 416.1167 [Amended] 15. In § 416.1167, remove the words “medical care facility” and add “medical treatment facility” in their place in paragraph (a)(2). Subpart L—[Amended] 16. The authority citation for subpart L of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f), 1621, 1631 and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 1383 and 1383b); sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note). § 416.1202 [Amended] 17. In § 416.1202(b)(2)(i), remove the words “medical facility” and add in their place the words “medical treatment facility”. [FR Doc. E7-17403 Filed 9-4-07; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG-2001-10881] RIN 1625-AA36 Drawbridge Operation Regulations; Amendments AGENCY: Coast Guard, DHS. ACTION: Final rule; correction. SUMMARY: The Coast Guard is correcting an oversight to the operating schedule of the Beach Channel railroad bridge across Jamaica Bay, mile 6.7, at Queens, New York, published on December 4, 2006 in the **Federal Register** . We are also correcting a paragraph designation in the operating schedule for the Woodrow Wilson Bridge across the Potomac River between Oxon Hill, Maryland and Alexandria, Virginia. DATES: This Final rule is effective September 5, 2007. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2001-10881 and are available for inspection or copying at the Docket Management Facility, U.S. Department of Transportation, room PL-401, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at *http://dms.dot.gov* . FOR FURTHER INFORMATION CONTACT: Mr. Chris Jaufmann, Office of Bridge Administration, United States Coast Guard Headquarters, 202-372-1511. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, Department of Transportation, telephone 202-493-0402. SUPPLEMENTARY INFORMATION: Regulatory History On December 4, 2006, the Coast Guard published a final rule that made technical, organizational, and conforming amendments throughout 33 CFR part 117 (71 FR 70305). This rule became effective on January 4, 2007. However, the January 4, 2007 effective date inadvertently changed the operating schedule of the Beach Channel railroad bridge across Jamaica Bay, mile 6.7, at Queens, New York (33 CFR 117.795) which was published on October 20, 2006 and became effective on November 20, 2006 (71 FR 61895). Also, the amendatory language for 33 CFR 117.255 Potomac River, in the December 4, 2006 final rule, incorrectly designated paragraph
(c)as paragraph (d). Regulatory Information We did not publish a notice of proposed rulemaking
(NPRM)for this rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM for the present rule. An NPRM entitled “Drawbridge Operation Regulations; Jamaica Bay and Connecting Waterways, New York”, was published in the **Federal Register** , on May 24, 2006, for the original change to the operating schedule (71 FR 29869). We are not making any changes to that final rule and are in fact correcting our error in reversing the changes made when that rule was finalized. Further notice and comment would be contrary to public interest and unnecessary. For the same reason, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective in less than 30 days after publication in the **Federal Register** . Background and Purpose Originally, the owner of the Beach Channel railroad bridge, New York City Transit, requested a change to the drawbridge operation regulations to help reduce commuter rail traffic delays during the morning and afternoon commuter hours. An NPRM was published on May 24, 2006 and a final rule on October 20, 2006 reflecting these changes (71 FR 29869, 71 FR 61895). On December 4, 2006 another final rule was published that mistakenly removed the operating schedule for the Beach Channel railroad bridge from the Code of Federal Regulations (71 FR 70305). This current final rule reestablishes the regulation published on October 20, 2006, which allows the Beach Channel Bridge to remain in the closed position during the morning and afternoon commuter rush hours from 6:45 a.m. to 8:20 a.m. and 5 p.m. to 6:45 p.m., Monday through Friday, except Federal holidays. This rule will also make a minor technical edit by changing the paragraph
(d)designation to paragraph
(c)for 33 CFR 117.255 Potomac River, which was written incorrectly in the amendatory language for the final rule that published on December 4, 2006. 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 no economic impact of this rule so a full Regulatory Evaluation is unnecessary. This conclusion is based on the fact that vessel traffic would not be precluded from transiting through the Beach Channel railroad bridge each day, except for two closures of short duration, one in the morning, and one in the afternoon. Mariners would simply need to plan their daily transits in accordance with drawbridge operation schedule in order to help balance the needs of both rail and marine traffic. 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. This rule could affect the following entities, some of which may be small entities, commercial barges and recreational vessels intending to transit the Beach Channel span. 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 for the reasons set forth in the Regulatory Evaluation section. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD, and Department of Homeland Security Management Directive 5100.1, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (32)(e) of the Instruction, from further environmental documentation. Under figure 2-1, paragraph (32)(e), of the Instruction, an “Environmental Analysis Check List” and a “Categorical Exclusion Determination” are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. Accordingly, 33 CFR part 117 is corrected by making the following correcting amendments: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1. § 117.255 [Amended] 2. In § 117.255 redesignate paragraph
(d)as paragraph (c). 3. In § 117.795 add paragraph
(c)to read as follows: § 117.795 Jamaica Bay and Connecting Waterways.
(c)The draw of the Beach Channel railroad bridge shall open on signal; except that, the draw need not open for the passage of vessel traffic, 6:45 a.m. to 8:20 a.m. and 5 p.m. to 6:45 p.m., Monday through Friday, except Federal holidays. Dated: August 29, 2007. J.G. Lantz, Acting, Assistant Commandant for Prevention. [FR Doc. E7-17509 Filed 9-4-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2007-29153] RIN 1625-AA87 Security Zone; Hawaii Super Ferry Arrival/Departure, Nawiliwili Harbor, Kauai, HI AGENCY: Coast Guard, DHS. ACTION: Temporary final rule; request for comments. SUMMARY: The Coast Guard has created a security zone in the waters of Nawiliwili Harbor, Kauai, and on the land of the jetty south of Nawiliwili Park, including Waapa Road. This zone is intended to enable the Coast Guard and its law enforcement partners to better protect people, vessels, and facilities in and around Nawiliwili Harbor in the face of non-compliant protesters who have impeded passage of the Hawaii Super Ferry to its dock in the harbor. This rule complements, but does not replace or supersede, existing regulations that establish a moving 100-yard security zone around large passenger vessels like the Hawaii Super Ferry. DATES: This rule is effective from September 1, 2007, through October 31, 2007. Comments and related material must reach the Coast Guard on or before September 26, 2007. ADDRESSES: You may submit comments identified by Coast Guard docket number USCG-2007-29153 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods:
(1)*Web site: http://dms.dot.gov.*
(2)*Mail:* Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
(3)*Fax:* 202-493-2251.
(4)*Delivery:* Room W12-140 on the Ground Floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.
(5)*Federal eRulemaking Portal: http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Laura Springer, U.S. Coast Guard Sector Honolulu at
(808)842-2600. 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. Though operation of the Hawaii Super Ferry from Oahu to Kauai has been voluntarily suspended by the operating company, operations could resume at any time. Delay in implementing this rule would expose protesters in the water and ashore, and ferry passengers and crew to undue hazards due to protesters' tactics of entering the water from land and waterfront facilities adjacent to the harbor and using themselves as human barriers to the Hawaii Super Ferry's movement into Nawiliwili Harbor. For the same reason, under 5 U.S.C. 533(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** . Although the Coast Guard has good cause to issue this effective temporary rule without first publishing a proposed rule, you are invited to submit comments and related material regarding this rule on or before September 26, 2007. We may change the temporary final rule based upon your comments. All comments received will be posted, without change, to *http://dms.dot.gov* and will include any personal information you have provided. We have an agreement with the Department of Transportation
(DOT)to use the Docket Management Facility. You may review the Department of Transportation's Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477), or you may visit *http://dms.dot.gov.* Background and Purpose On August 26 and 27, 2007, protesters impeded the passage of the Super Ferry Hawaii Super Ferry into and through Nawiliwili Harbor by entering the water from the land and waterfront facilities adjacent to the harbor, often with kayaks, surfboards, and other small vessels, and then swimming into and blocking the harbor's navigable channel. In addition, several hundred onlookers watched the unfolding events from land adjacent to the harbor. Most of these observers were on the jetty that is south of Nawiliwili Park, which is adjacent to the Madsen shipping facility in Nawiliwili Harbor (hereinafter referred to as “Nawiliwili Jetty”). Some of these onlookers threw rocks and bottles at Coast Guard personnel who were conveying detained protesters to shore on August 26. Most of the protesters who entered the water were observed doing so from Nawiliwili Jetty. The transit of the entrance into Nawiliwili harbor is difficult for large vessels in all but calm weather. The turn around the outer breakwater, then immediately turning in the opposite direction around the inner jetty is made more difficult by the combined effects of the winds and seas. Due to the difficulty of maneuvering in the small area of Nawiliwili, and in the interest of ensuring the safety of the protesters, the Hawaii Super Ferry's master chose not to enter the channel until the Coast Guard had cleared the channel of protesters. However, because the vessel remained outside the harbor, and because the protesters did not approach to within 100 yards of the vessel, the existing security zone (see 33 CFR 165.1410) did not provide the Coast Guard with the authority to control protestor entry into Nawiliwili Harbor or clear the channel of protesters before the Hawaii Super Ferry commenced its transit into the harbor. The resulting situation substantially complicated an already difficult transit and created a substantial risk of damage and injury. The purpose of this regulation is several-fold. First, by designating most of the waters of Nawiliwili Harbor as a security zone upon the occurrence of triggering events discussed later, the regulation provides the Coast Guard and its law enforcement partners the authority to prevent persons and vessels from endangering themselves and the Hawaii Super Ferry's passengers and crew by attempting to impede the vessel's passage after it commences the difficult transit into the harbor. Extending the security zone to Nawiliwili Jetty and its access road provides law enforcement personnel with the authority necessary to control access into the water so the Hawaii Super Ferry may enter and depart the harbor safely and unimpeded by protestors. Additionally, in the case of mass protests, the security zone makes land adjacent to the harbor available for law enforcement purposes, such as an incident command post and a processing point for detained protesters. Discussion of the Rule This rule creates a security zone in most of the waters of Nawiliwili Harbor, and on Nawiliwili Jetty in Nawiliwili Harbor. The security zone will be activated for enforcement 60 minutes before the Hawaii Super Ferry's arrival into the zone, and will remain activated for 10 minutes after the Hawaii Super Ferry's departure from the zone. The activation of the zone for enforcement will be announced by marine information broadcast and by a red flag, illuminated after sunset, displayed from the Pier One and the Harbor Facility Entrance on Jetty Road. During its period of activation and enforcement, entry into the land and water areas of the security zone is prohibited without the permission of the Captain of the Port, Honolulu, 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. The Coast Guard expects the economic impact of this temporary rule to be so minimal that a full Regulatory Evaluation is unnecessary. This expectation is based on the short activation and enforcement duration of the security zone created by this temporary rule, as well as the limited geographic area affected the security zone. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule will have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While we are aware that affected areas have small commercial entities, including canoe and boating clubs and small commercial businesses that provide recreational services, we anticipate that there will be little or no impact to these small entities due to the narrowly tailored scope of these changes, and to the fact that such entities can request permission from the Captain of the Port to enter the security zone when it is activated. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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 temporary rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact Lieutenant (Junior Grade) Laura Springer, U.S. Coast Guard Sector Honolulu,
(808)842-2600. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this temporary 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 temporary rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This temporary 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 temporary 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 temporary 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 temporary 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 temporary rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this temporary rule under Commandant Instruction M16475.1D, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, under figure 2-1, paragraph (34)(g) of the Commandant Instruction M16475.1D, this temporary rule is categorically excluded from further environmental documentation because this rule creates a security zone. An “Environmental Analysis Check List” and “Categorical Exclusion Determination” are available in the docket where indicated under ADDRESSES. List of Subjects 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reports and recordkeeping requirements, Security measures, Waterways. For the reasons set out 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, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 1. Add temporary § 165.T14-160 to read as follows: § 165.T14-160 Security Zone; Nawiliwili Harbor, Kauai, HI.
(a)*Location.* The following land areas, and water areas from the surface of the water to the ocean floor, is a security zone that is activated as described in paragraph
(b)of this section, and enforced subject to the provisions of paragraph
(c)of this section: All waters of Nawiliwili Harbor, Kauai, shoreward of the Nawiliwili Harbor COLREGS DEMARCATION LINE (See 33 CFR 80.1450), excluding the waters west of a line running from the southeastern most point of the breakwater of Nawiliwili Small Boat Harbor due south to the south shore of the harbor, and excluding the waters from Kalapaki Beach south to a line extending from the western most point of Kukii Point due west to the Harbor Jetty. The land of the Jetty south of Nawiliwili Park including Waapa Road is included within the security zone.
(b)*Activation.* The zone described in paragraph
(a)of this section will be activated for enforcement 60 minutes before the Hawaii Super Ferry's arrival into the zone and remain activated for 10 minutes after the Hawaii Super Ferry's departure from the zone. The activation of the zone for enforcement will be announced by marine information broadcast, and by a red flag, illuminated between sunset and sunrise, displayed from the Pier One and the Harbor Facility Entrance on Jetty Road.
(c)*Regulations.*
(1)Under 33 CFR 165.33, entry by persons or vessels into the security zones created by this section and activated as described in paragraph
(b)of this section is prohibited unless authorized by the Coast Guard Captain of the Port, Honolulu or his or her designated representatives. Operation of any type of vessel, including every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, within the security zone is prohibited. Under authority of 50 U.S.C. 192, if a vessel is found to be operating within the security zone without permission of the Captain of the Port, Honolulu, and refuses to leave, the vessel is subject to seizure and forfeiture.
(2)All persons and vessels permitted in the security zone must comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene-patrol personnel. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard and other persons permitted by law to enforce this regulation. Upon being hailed by an authorized vessel or law enforcement officer using siren, radio, flashing light, loudhailer, voice command, or other means, the operator of a vessel must proceed as directed.
(3)If authorized passage through the security zone, a vessel must operate at the minimum speed necessary to maintain a safe course and must proceed as directed by the Captain of the Port or his or her designated representatives. While underway with permission of the Captain of the Port or his or her designated representatives, no person or vessel is allowed within 100 yards of a the Hawaii Super Ferry when it is underway, moored, position-keeping, or at anchor, unless authorized by the Captain of the Port or his or her designated representatives.
(4)When conditions permit, the Captain of the Port, or his or her designated representatives, may permit vessels that are at anchor, restricted in their ability to maneuver, or constrained by draft to remain within the security zone in order to ensure navigational safety.
(d)*Enforcement.* Any Coast Guard commissioned, warrant, or petty officer, and any other person permitted by law, may enforce the regulations in this section. Dated: August 31, 2007. Sally Brice-O'Hara, Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard District. [FR Doc. 07-4357 Filed 8-31-07; 2:16 pm]
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  • Pub. L. 108-175
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  • 20 CFR 416
  • Pub. L. 105-33
  • Pub. L. 104-193
  • 5 CFR 1320.11(c)
  • Pub. L. 93-66
  • 87 Stat. 154
  • Pub. L. 94-241
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