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Code · REGISTER · 2008-01-29 · PROPOSED RULES · African African Development Foundation NOTICES Meetings; Sunshine Act, 5154 08-395 Agricultural Agricultural Marketing Service PROPOSED RULES Oranges, Grapefruit, Tangerines, and Tangelos Grown in Flo · Unknown

Unknown. Interim rule; reopening of comment period

12,099 words·~55 min read·/register/2008/01/29/08-55502

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-2008-01-29.xml --- 73 19 Tuesday, January 29, 2008 Contents African African Development Foundation NOTICES Meetings; Sunshine Act, 5154 08-395 Agricultural Agricultural Marketing Service PROPOSED RULES Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida, 5130-5132 08-362 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Rural Business-Cooperative Service See Rural Housing Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5154-5156 E8-1470 E8-1511 Submission for OMB Review; Comment Request, 5154-5155 E8-1468 Animal Animal and Plant Health Inspection Service RULES Interstate Movement of Regulated Nursery Stock From Quarantined Areas: Citrus Canker, 5085 E8-1534 Removal of Quarantined Area: Mexican Fruit Fly, 5086-5087 E8-1531 PROPOSED RULES Importation of Cattle from Mexico: Addition of Port at San Luis, AZ, 5132-5135 E8-1533 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5156-5157 E8-1529 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5195-5197 E8-1453 E8-1456 Meetings: Advisory Committee on Immunization Practices, 5197-5198 E8-1457 National Institute for Occupational Safety and Health, Safety and Occupational Health Study Section, 5198 E8-1458 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program:
Option for Prescription Drug Plans to Lower Their Premiums for Low-Income Subsidy Beneficiaries; Correction, C8-00015 Prospective Payment System for Long-Term Care Hospital RY 2009; Proposed Annual Payment Rates Updates, Policy Changes, and Clarifications, 5342-5419 08-297 Children Children and Families Administration NOTICES Statement of Organization, Functions, and Delegations of Authority, 5198-5200 E8-1466 E8-1479 E8-1517 08-355 Civil Civil Rights Commission NOTICES Meetings:
Florida Advisory Committee, 5174 E8-1512 Kentucky Advisory Committee, 5174 E8-1514 Coast Guard Coast Guard RULES Drawbridge Operating Regulations: Gulf Intracoastal Waterway (Algiers Alternate Route), Belle Chasse, LA; Correction, 5090-5091 E8-1519 Drawbridge Operation Regulations: Atlantic Intracoastal Waterway, Sunset Beach, NC, 5091-5093 E8-1476 Isle of Wight Bay (Sinepuxent Bay), Ocean City, Maryland, 5093-5095 E8-1567 Drawbridge operations: Illinois; CFR correction, 5095 08-55502 Potomac and Anacostia Rivers, Washington, DC and Arlington and Fairfax Counties, VA;
Security Zone, 5095-5097 08-387 NOTICES Area Maritime Security Committee, South Texas; Vacancies, 5202 E8-1473 Lower Mississippi River Safety Advisory Committee; Vacancies, 5202-5203 E8-1564 Meetings: Houston/Galveston Navigation Safety Advisory Committee, 5203-5204 E8-1472 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Corporation Corporation for National and Community Service NOTICES Meetings;
Sunshine Act, 5178-5179 08-403 Disability Disability Employment Policy Office NOTICES Solicitation of Nominations for Secretary of Labor's New Freedom Initiative Award, 5212-5214 E8-1509 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5179 E8-1538 Rehabilitation Training: Rehabilitation Continuing Education Program, 5179-5182 E8-1528 Energy Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Intent to Establish the Electricity Advisory Committee, 5182 E8-1503 Meetings:
Environmental Management Site-Specific Advisory Board, 5182 E8-1496 High Energy Physics Advisory Panel, 5182-5183 E8-1501 EPA Environmental Protection Agency RULES Acephate, Fenbutatin-Oxide (Hexakis), MCPA, Pyrethrins, and Triallate; Tolerance Actions, 5104-5109 E8-1535 Approval and Promulgation of Air Quality Implementation Plans: Maine, 5097-5101 E8-1416 Michigan, 5101-5104 E8-1415 Health and Safety Data Reporting: Addition of Certain Chemicals, 5109-5115 E8-1546 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans:
Maine, 5152-5153 E8-1418 Michigan, 5152 E8-1414 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration PROPOSED RULES Establishment and Removal of Class E Airspace: Centre, AL, 5135-5136 08-323 FDIC Federal Deposit Insurance Corporation NOTICES Federal Deposit Insurance Act: Bank and savings and loan holding companies; participation by institution-affiliated parties; policy statement; correction, 5270 Z7-25128 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Forms, Statements, and Reporting Requirements for Electric Utilities and Licensees Revisions, 5136-5151 E8-1385 NOTICES Combined Notice of Filings No. 1, 5183-5184 E8-1513 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5258-5259 E8-1494 Final Federal Agency Actions on a Proposed Highway Project in California, 5259 08-289 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers: Exemption Applications; Vision, 5259-5261 E8-1527 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices: Acquisition of Shares of Bank or Bank Holding Companies, 5189 E8-1500 Meetings; Sunshine Act, 5189 08-408 Proposals to Engage in Permissible Nonbanking Activities or Acquire Co.
Engaged in Permissible Nonbanking Activities, 5189-5190 E8-1498 FTC Federal Trade Commission NOTICES Granting of Request for Early Termination of the Waiting Period Under the Premerger Notification Rules, 5190-5191 08-361 Revised Jurisdictional Thresholds: Section 7A of the Clayton Act, 5191-5192 E8-1486 Section 8 of the Clayton Act, 5192 E8-1487 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5267 08-348 Fish Fish and Wildlife Service NOTICES Draft Candidate Conservation Agreement With Survival Permit Enhancement Application and Assurances:
Page Springsnail, Yavapai County, AZ, 5205-5206 E8-1485 Issuance of Permits for Marine Mammals, 5206 E8-1490 Receipt of Applications for Permit, 5206-5207 E8-1491 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES Approval for Expansion of Subzone 107A; Winnebago Industries, Inc., 5175 E8-1540 Approval For Manufacturing Authority; Merck Sharpe & Dohme Quimica de Puerto Rico Inc., 5175 E8-1544 Foreign-Trade Zone 124 — Gramercy, Louisiana; Application for Subzone, 5175-5176 E8-1536 GSA General Services Administration NOTICES Locating Federal Facilities in Rural Areas, 5192 E8-1518 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 Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5192-5193 E8-1439 E8-1441 Interest Rates on Overdue Debts, 5193-5194 08-370 Meetings: American Health Information Community Chronic Care Workgroup, 5194 08-365 American Health Information Community Confidentiality, Privacy, and Security Workshop, 5194 08-363 American Health Information Community Consumer Empowerment Workgroup, 5194-5195 08-366 American Health Information Community Electronic Health Records Workgroup, 5195 08-367 American Health Information Community Personalized Healthcare Workgroup, 5194 08-364 American Health Information Community Population Health and Clinical Care Connections, 5195 08-369 American Health Information Community Quality Workgroup, 5195 08-368 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration RULES Minimum Standards for Drivers Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes, 5272-5340 08-140 Indian Indian Affairs Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5207-5208 E8-1478 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service International International Trade Administration NOTICES Hand Trucks and Certain Parts Thereof from the People's Republic of China: Extension of Time Limit for the Preliminary Results of New Shipper Review, 5176 E8-1552 Postponement of Final Determination of Antidumping Duty Investigation:
Sodium Hexametaphosphate from the People's Republic of China, 5176-5177 E8-1555 International International Trade Commission NOTICES Aminotrimethylenephosphonic Acid and 1-Hydroxyethylidene-1,1-Diphosphonic Acid from China and India, 5211 E8-1520 Commission Determination to Conduct Portion of Hearing In Camera, 5211-5212 E8-1508 Labor Labor Department See Disability Employment Policy Office Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5208-5209 E8-1469 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5214 E8-1521 National Highway National Highway Traffic Safety Administration NOTICES Receipt of Petition for Decision of Inconsequential Noncompliance: Bridgestone Firestone North American Tire, LLC, 5261-5262 E8-1543 Chrysler, LLC, 5262-5263 E8-1539 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery and Shrimp Fishery of the Gulf of Mexico; Amendment 27/14, 5117-5128 E8-1547 Fisheries of the Exclusive Economic Zone Off Alaska;
Pollock in Statistical Area 630 of the Gulf of Alaska, 5128-5129 08-376 Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan, 5115-5117 08-375 PROPOSED RULES Fisheries of the Northeastern United States: Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures, 5153 E8-1559 NOTICES Atlantic Bluefin Tuna Scientific Workshop, 5177 E8-1561 Endangered and Threatened Species; Initiation of a Status Review for Shortnose Sturgeon:
Comment Period Extension, 5177-5178 E8-1562 Evaluation of State Coastal Management Programs and National Estuarine Research Reserves, 5178 E8-1537 Fisheries in the Western Pacific: 2008 Harvest Guideline, 5177 E8-1560 National Park National Park Service NOTICES Continuation of Visitor Services, 5209-5210 08-371 General Management Plan; Chickasaw National Recreation Area, Oklahoma, 5210-5211 08-374 General Management Plan, Environmental Impact Statement: African Burial Ground National Monument, New York, 5210 E8-1542 Nuclear Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5214-5215 E8-1507 Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Consideration, 5215-5235 E8-1300 Meetings: Independent External Review Panel to Identify Vulnerabilities in the U.S. Nuclear Regulatory Commission's Materials Licensing Program, 5235 E8-1499 Nuclear Waste and Materials Advisory Committee, 5235-5236 E8-1497 Meetings; Sunshine Act, 5236 08-393 Order Prohibiting Involvement in NRC-Licensed Activities:
Mr. Jon Brumer, 5237-5238 E8-1488 Mr. Oscar Aguilar, 5238-5240 E8-1489 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety: Special Permits Granted, 5263-5264 E8-1502 Postal Postal Service NOTICES Implementation of Changes to the Domestic Mail Classification Schedule, 5242-5245 E8-1471 Public Public Debt Bureau See Fiscal Service Rural Rural Business-Cooperative Service NOTICES Announcement of Value-Added Producer Grant Application Deadlines, 5157-5167 E8-1532 Rural Rural Housing Service NOTICES Request for Proposals:
Farm Labor Housing Technical Assistance Grants, 5167-5174 E8-1495 SEC Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5245-5246 E8-1506 Public Company Accounting Oversight Board: Budget and annual accounting support fee (2008 CY); Correction, 5270 Z7-24909 Self-Regulatory Organizations; Proposed Rule Changes: American Stock Exchange LLC; Correction, 5270 Z7-24801 International Securities Exchange, LLC, 5246-5248 E8-1480 E8-1482 NASDAQ Stock Market LLC, 5248-5254 E8-1463 E8-1464 E8-1483 New York Stock Exchange LLC, 5254-5257 E8-1481 New York Stock Exchange LLC;
Correction, 5270 Z8-832 SBA Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5257 08-352 Small Business Size Standards: Waiver of the Nonmanufacturer Rule, 5257-5258 E8-1493 State State Department RULES Consular Services Fee Schedule; State Department, Overseas Embassies, and Consulates, 5087-5090 E8-1343 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5200-5202 E8-1484 Surface Surface Transportation Board NOTICES Arizona Eastern Railway, Inc.-Trackage Rights Exemption-Union Pacific Railroad Co., 5264 E8-1474 Thrift Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5267-5269 E8-1522 E8-1526 E8-1530 Trade Trade Representative, Office of United States NOTICES Generalized System of Preferences: Acceptance of Competitive Need Limitation Waiver Petitions for 2007 Annual Review, 5240-5242 E8-1524 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Transportation Transportation Security Administration NOTICES Advance Notice of Availability:
Security Improvement Grants and Application Process, 5204 E8-1548 Transportation Worker Identification Credential: Enrollment Dates for Ports of Louisville, KY et al., 5204-5205 E8-1541 Treasury Treasury Department See Fiscal Service See Thrift Supervision Office NOTICES Interim Guidance Concerning the Terrorism Risk Insurance Reauthorization Act of 2007, 5264-5267 E8-1467 Western Western Area Power Administration NOTICES Record of Decision and Floodplain Statement of Findings for the Trinity Public Utilities District Direct Interconnection Project, 5184-5189 E8-1505 Separate Parts In This Issue Part II Homeland Security Department, 5272-5340 08-140 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 5342-5419 08-297 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. 73 19 Tuesday, January 29, 2008 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2007-0032] RIN 0579-AC38 Citrus Canker; Interstate Movement of Regulated Nursery Stock From Quarantined Areas AGENCY:
Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule; reopening of comment period. SUMMARY: We are reopening the comment period for our interim rule that amended the citrus canker quarantine regulations to explicitly prohibit, with limited exceptions, the interstate movement of regulated nursery stock from a quarantined area. One of those exceptions was a provision that allows calamondin and kumquat plants, two types of citrus plants that have been considered to be highly resistant to citrus canker, to be moved interstate from a quarantined area under a protocol designed to ensure that they are free of citrus canker prior to movement.
However, following publication of the interim rule, several samples from calamondin plants growing in a quarantined area were found to be infected with citrus canker. Based on that finding, it appears that it will be necessary to remove calamondin plants from the protocol when we publish an upcoming rule that will finalize the interim rule. Before we publish that final rule, however, we are reopening the comment period for the interim rule to provide interested persons with an opportunity to prepare and submit comments regarding calamondin plants and the interstate movement protocol.
DATES: We will consider all comments that we receive on or before February 28, 2008. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0032* to submit or view comments and to view supporting and related materials available electronically. • *Postal Mail/Commercial Delivery:* Please send two copies of your comment to Docket No. APHIS-2007-0032, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238.
Please state that your comment refers to Docket No. APHIS-2007-0032. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Senior Operations Officer, Emergency and Domestic Programs, Plant Protection and Quarantine, APHIS, 4700 River Road Unit 137, Riverdale, MD 20737-1231;
(301)734-4387. SUPPLEMENTARY INFORMATION: Background On March 22, 2007, we published in the **Federal Register** (72 FR 13423-13428; Docket No. APHIS-2007-0032) an interim rule 1 that amended the citrus canker quarantine regulations to explicitly prohibit, with certain limited exceptions, the interstate movement of regulated nursery stock from a quarantined area. The interim rule was effective on March 16, 2007. We took that action because the interstate movement of regulated nursery stock from an area quarantined for citrus canker poses a high risk of spreading citrus canker outside the quarantined area. The interim rule included two exceptions to the prohibition. We continued to allow the interstate movement of regulated nursery stock for immediate export, under certain conditions. We also allowed calamondin and kumquat plants, two types of citrus plants that were considered to have a high degree of biological resistance to citrus canker, to be moved interstate from a quarantined area under a protocol designed to ensure that they are free of citrus canker prior to movement. 1 To view the interim rule, comments we received, and all related documents, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0032.* In July 2007, officials from our Center for Plant Health Science and Technology (CPHST) confirmed that samples obtained from 15 calamondin plants growing in an area quarantined for citrus canker were infected with the disease. Based on those findings, we now consider it probable that the interstate movement of calamondin plants from a quarantined area, even under the conditions of the protocol, presents a disease risk pathway for the spread of citrus canker. Therefore, we consider it prudent to amend the regulations to remove calamondin plants from the protocol. We would make that amendment in an upcoming rule that will finalize our March 2007 interim rule. Accordingly, we are reopening the comment period for the interim rule for an additional 30 days. This action will allow interested persons an opportunity to prepare and submit comments regarding calamondin plants and the interstate movement protocol. Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 371.3. Section 301.75-15 is issued under Sec. 204, Title II, Public Law 106-113, 113. Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). Done in Washington, DC, this 23rd day of January 2008. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8-1534 Filed 1-28-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2007-0129] Mexican Fruit Fly; Removal of Quarantined Area AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the Mexican fruit fly regulations by removing Willacy County, TX, from the list of quarantined areas and thus removing restrictions on the interstate movement of regulated articles from this area. This action is necessary to relieve restrictions that are no longer needed to prevent the spread of the Mexican fruit fly into noninfested areas of the United States. We have determined that the Mexican fruit fly no longer exists in Willacy County, TX, and that the quarantine and restrictions are no longer necessary. DATES: This interim rule is effective January 29, 2008. We will consider all comments that we receive on or before March 31, 2008. ADDRESSES: You may submit comments by either of the following methods: *Federal eRulemaking Portal:* Go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0129* to submit or view comments and to view supporting and related materials available electronically. *Postal Mail/Commercial Delivery:* Please send two copies of your comment to Docket No. APHIS-2007-0129, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2007-0129. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov* . FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, Domestic Coordinator, Fruit Fly Exclusion and Detection Programs, PPQ, APHIS, 4700 River Road Unit 36, Riverdale, MD 20737-1231;
(301)734-4387. SUPPLEMENTARY INFORMATION: Background The Mexican fruit fly ( *Anastrepha ludens* ) is a destructive pest of citrus and many other types of fruit. The short life cycle of the Mexican fruit fly allows rapid development of serious outbreaks that can cause severe economic losses in commercial citrus-producing areas. The Mexican fruit fly regulations, contained in 7 CFR 301.64 through 301.64-10 (referred to below as the regulations), were established to prevent the spread of the Mexican fruit fly to noninfested areas of the United States. The regulations impose restrictions on the interstate movement of regulated articles from quarantined areas. Willacy County, TX, has been listed as a quarantined area since the Mexican fruit fly regulations were established. Based on trapping surveys conducted by inspectors of the Texas Department of Agriculture and by inspectors of the Animal and Plant Health Inspection Service, we have determined that the Mexican fruit fly has been eradicated from Willacy County. The last finding of Mexican fruit fly in this quarantined area was May 6, 2005. Since then, no evidence of Mexican fruit fly infestation has been found in this area. Based on our experience, we have determined that sufficient time has passed without finding additional flies or other evidence of infestation to conclude that the Mexican fruit fly no longer exists in Willacy County, TX. Therefore, we are amending the regulations in § 301.64-3(c) by removing the entry for this county from the list of quarantined areas. Immediate Action Immediate action is warranted to relieve restrictions that are no longer necessary. Willacy County, TX, was quarantined due to the possibility that the Mexican fruit fly could spread from this area to noninfested areas of the United States. Since we have concluded that the Mexican fruit fly no longer exists in Willacy County, immediate action is warranted to remove the quarantine and to relieve the restrictions on the interstate movement of regulated articles from this area. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this action effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. This action amends the Mexican fruit fly regulations by removing Willacy County, TX, from the list of quarantined areas. The Regulatory Flexibility Act requires that agencies consider the economic impact of their rules on small entities. We expect that any small entities located within the regulated area that sell regulated articles do so primarily for local intrastate, not interstate, movement, so the effect, if any, of this rule on these entities appears likely to be minimal. The effect on any small entities that may move regulated articles interstate has been minimized during the quarantine period by the availability of various treatments that allow these small entities, in most cases, to move regulated articles interstate with very little additional cost. Thus, the lifting of the quarantine is expected to have little effect. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:
(1)Preempts all State and local laws and regulations that are inconsistent with this rule;
(2)has no retroactive effect; and
(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This interim rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). . § 301.64-3 [Amended] 2. In § 301.64-3, paragraph
(c)is amended by removing, under the heading “TEXAS”, the entry for Willacy County. Done in Washington, DC, this 23rd day of January 2008. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8-1531 Filed 1-28-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF STATE 22 CFR Part 22 [Public Notice: 6082] RIN 1400-AC41 Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates AGENCY: Department of State. ACTION: Interim final rule. SUMMARY: The Department of State is revising the Schedule of Fees for Consular Services to reflect an increase in the surcharge related to consular services in support of enhanced border security and a reduction in the execution fee for the passport book. The Secretary of State is authorized to collect the border security surcharge by the Consolidated Appropriations Act, 2005 (Pub. L. 108-447). In 2007, Congress authorized the Secretary of State to administratively amend the surcharge amount in the Department of State Authorities Act of 2006 (Pub. L. 109-472). The Secretary is also authorized to set and collect a fee for executing passport applications by 22 U.S.C. 214. DATES: *Effective date:* This interim final rule is effective February 1, 2008. *Comment date:* The Department of State will accept written comments from interested persons up to March 31, 2008. Comments received before the end of the comment period will be addressed in a final rule. ADDRESSES: Interested parties may submit comments by any of the following methods. All comments must include the Regulatory Identification Number
(RIN)that appears in the heading of this document. • *E-mail:* *PassportRules@state.gov* . You must include the Regulatory Identification Number
(RIN)in the subject line of your message. • *Mail:* (paper, disk, or CD-ROM submissions): An original and three copies of comments should be sent to: Christine L. Grauer, Office of Passport Services, Legal Affairs Division, Planning and Advisory Services, 2100 Pennsylvania Ave., NW., 3rd Floor, Washington, DC 20037. • *Fax:* 202-663-2499. You must include the Regulatory Identification Number
(RIN)in the subject line of your message. Persons with access to the internet may also view this notice and provide comments by going to the regulations.gov Web site at: *http://www.regulations.gov/index.cfm* . FOR FURTHER INFORMATION CONTACT: For *passport issuance policy:* Susan Bozinko, Division Chief, Office of Passport Services, Legal Affairs Division, 2100 Pennsylvania Ave., NW., 3rd Floor, Washington, DC 20037. Telephone
(202)663-2491. E-mail: *PassportRules@state.gov* . For *consular fee setting policy:* Tracy Henderson, Director of the Budget, Bureau of Consular Affairs, U.S. Department of State, Suite H1004, 2401 E St., NW., Washington, DC 20520, telephone
(202)663-2525 or by e-mail: *fees@state.gov* . SUPPLEMENTARY INFORMATION: Amendment to the Schedule of Fees for Consular Services As discussed below, this change in the schedule of fees will reflect the proposed passport book surcharge increase, as well as a reduction in the execution fee for the passport book. Amendment to Passport Book Fees Border Security Surcharge Due to increased security concerns following the events of September 11th, the Department of State has focused upon improved security, particularly in relation to our nation's borders. In 2004, Congress authorized the Secretary of State to collect a surcharge related to consular services in support of enhanced border security. (Pub. L. 108-447, Div. B, Title IV, 118 Stat. 2896 (2004), 8 U.S.C. 1714). The law set the initial border security surcharge at $12.00 because that was the estimated cost of providing consular services in support of enhanced border security at that time. In 2007, Congress provided the Secretary of State with the authority to administratively amend the border security surcharge. Department of State Authorities Act of 2006, Public Law 109-472, section 6, 120 Stat. 3554
(2007)(codified at 8 U.S.C. 1714 note). Congress included four requirements for such amendments:
(1)The amounts of the surcharges shall be reasonably related to the costs of providing services in connection with the activity or item for which the surcharges are charged.
(2)The aggregate amount of surcharges collected may not exceed the aggregate amount obligated and expended for the costs related to consular services in support of enhanced border security incurred in connection with the activity or item for which the surcharges are charged.
(3)A surcharge may not be collected except to the extent the surcharge will be obligated and expended to pay the costs related to consular services in support of enhanced border security incurred in connection with the activity or item for which the surcharge is charged.
(4)A surcharge shall be available for obligation and expenditure only to pay the costs related to consular services in support of enhanced border security incurred in providing services in connection with the activity or item for which the surcharge is charged. The proposed $8.00 increase in the surcharge falls within the above parameters set by Congress. The $8.00 increase is reasonably related to the costs of providing consular services in support of enhanced border security because it represents the cost of providing passport books with upgraded security features resulting from the State Department's enhanced border security programs implemented since 2005. New passport book security measures, including the introduction of an electronic passport and the use of traceable priority mail delivery to applicants to prevent passport loss or theft, have increased the security-related passport costs and $12.00 is no longer sufficient to cover such costs. First, due to these new security measures, the passport book and mailing now costs the Department $19.40. Each passport book costs $14.80, nearly triple the previous cost, and priority mail costs $4.60 as opposed to the original 60-cent standard first-class mail rate, for a total cost of $19.40. In order to avoid a loss, the Department is rounding up the security surcharge to $20. Thus, the Department is raising the security surcharge by a total of $8.00 at the present time. Even taking this rounding into account, the total amount of the surcharge collected will not exceed the aggregate amount obligated and expended for costs related to consular services in support of enhanced border security incurred in connection with passport services, nor will it exceed the total amount obligated and expended for passport books and mailing. When the Department initially began collecting the security surcharge in March 2005, the amounts collected were more than sufficient to fund costs. Nevertheless, each fiscal year, the Department expended the majority of its passport book security surcharge collections, leaving only a minimal amount to carry over into the new fiscal year for operating expenses on October 1. 1 Because of the substantial increase in costs caused by the introduction of the electronic passport book and the use of priority mailing, these costs now significantly exceed the amounts collected through the security surcharge. Thus, the amounts now collected through the security surcharge do not fully cover the costs for passport books and secure mail and other consular fees are used to fund the full cost of the passport book and priority mailing. This demonstrates the necessity of raising the passport book security surcharge at this time. 1 Since these funds are designated as no-year funds which do not expire at the end of a fiscal year, they may be used in the following year, but only to the extent that they are expended to cover enhanced border security costs. Third, the surcharge is only collected to the extent that it is obligated and expended to pay the costs associated with enhanced border security. These funds are maintained in a separate account—“Passport Security Surcharge”—and are used only for consular functions supporting enhanced border security. Fourth, all of the surcharge funds are obligated and expended only to pay costs related to consular services in support of enhanced border security. As stated above, the Department has established a separate account for monies collected through the border security surcharge and ensures, and will continue to ensure, that such monies are expended only to pay the related border security enhancement costs. The financial plan for the Border Security Program exclusively uses the revenue received through the passport book security surcharge to pay for the production and mailing costs of the new electronic passport books. The passport book security surcharge is not used to support any other activities. It is important that the Department of State increase the security surcharge by $8.00 to $20.00. The Department of State considers the enactment of this rule a matter of the utmost importance to ensure the availability of funds necessary to support consular services related to enhanced border security throughout our nation. Execution Fee The Department is also reducing the execution fee for the passport book from $30.00 to $25.00, as proposed in its Notice of Proposed Rulemaking
(NPRM)published on October 17, 2006 at 71 FR 60928. As the Department explained in the NPRM, the $25.00 execution fee for passport applications is based on an internal review of the Department's cost of service, along with information from the United States Postal Service. The $25.00 execution fee has already been implemented for the passport card through the Passport Card Rule published on December 31, 2007. This rule completes the transition to the $25.00 execution fee for passport card and passport book applications by applying the lower fee for the passport book. The passport book security surcharge and reduction of the execution fee will take effect at the same time the new passport card fees become effective so that the Department can administratively implement all passport fee changes at the same time. The new fees for the passport book are as follows: Current fees New fees Passport Book Services:
(a)Application fee for applicants age 16 or over (including renewals) [Adult Passport Book] $55 $55
(b)Application fee for applicants under age 16 [Minor Passport Book] 40 40
(c)Passport Book execution fee (required for first time applicants and others who must apply in person) 30 25
(d)Passport Book Security Surcharge (enhanced border security fee) 12 20 Total First Time—Adult 97 100 Total “Renewal”—Adult 67 75 Total Child 82 85 Regulatory Findings Administrative Procedure Act The Department is publishing this rule as an interim final rule, with a 60-day provision for post-promulgation comments and with an effective date less than 30 days from the date of publication, based on the “good cause” exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 553(d)(3). Delaying implementation of this rule would be contrary to the public interest because the rule is necessary in order to continue to fund consular services in support of enhanced border security. This rule constitutes an integral component of several changes to the Department's regulations taking place between January 1 and February 1, 2008 as part of the Department's plans to increase border security in several key areas. Failure to increase the border security surcharge on February 1 would jeopardize the Department's ability to fund consular services in support of enhanced border security, and would undermine the integrated implementation of other security-related initiatives designed to go into effect during the same time period. Moreover, delaying implementation of the $25.00 execution fee for the passport book until after February 1 would create a disparity between the fee charged for the same service for the passport book and the passport card. Regulatory Flexibility Act/Executive Order 13272: Small Business The Department of State, in accordance with the Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612) and Executive Order 13272, section 3(b), has evaluated the effects of this proposed action on small entities. The Department has determined and hereby certifies that this rule would not have a significant impact on a substantial number of small entities. The Unfunded Mandates Reform Act of 1995 Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), Public Law 104-4; 109 Stat. 48; 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule does not result in any expenditure by State, local or tribal governments, nor will it significantly or uniquely affect small governments. The effects on the private sector are discussed below in connection with the economic analysis required under Executive Order 12866. The Small Business Regulatory Enforcement Fairness Act of 1996 This rule is a major rule as defined by 5 U.S.C. 804 for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121. A copy of the rule, along with a concise general statement relating to the rule and its effective date, are being provided to each House of Congress and the Comptroller General as required by 5 U.S.C. 801. Pursuant to 5 U.S.C. 808, this interim final rule will take effect on February 1, 2008. Executive Order 12866: Regulatory Review This rule is considered by the Department of State to be an economically significant regulatory action under Executive Order 12866, section 3(f), Regulatory Planning and Review. The surcharge increase is based on the Department's costs and projected volumes that were available at the time this rule was drafted, and the rule has been reviewed by the Office of Management and Budget. The implementation of this rule will result in a net increase of $3.00 per application in the cost of a passport book when execution of the passport book application is required. For those renewal applications that do not require execution it will result in an $8 increase. Although the economic impact of the rule on any given individual will be relatively minor, it will provide the Department with an additional $232 million in FY 2008 in annual fee revenue, based on a projected annual volume of 29 million applications for passport books, over the fee revenue that would be collected through the current security surcharge. This increase in revenue will be used to fund consular services in support of enhanced border security, as required by 8 U.S.C. 1714 note. The increased revenue will be used for the purchase of blank passport books and priority mailing for completed passport books. If the Department does not adjust the security surcharge to recover the cost of the books and priority mailing, its ability to fund these and other consular services in support of enhanced border security will be compromised, and the Department will be forced to continue to divert funds from other consular fees in order to meet the shortfall. This diversion, in turn, will undermine the Department's ability to deliver the high-quality consular services the public has come to rely on from it. The Department is concerned with the impact on individual applicants of any rise in the overall cost of the passport book, and carefully analyzed whether it would be possible to keep the security surcharge below the Department's actual cost for passport book purchasing and mailing. It determined, however, that a fee amount that did not meet these costs was not possible given the amount of funding required for the Department's consular services in support of enhanced border security. Although this rule will cause a modest increase in the total cost of a passport book for the individual applicant, the increased cost of the passport book over its 10-year lifetime will be minimal. An increase of $3.00 or, for renewals, $8.00, in the cost of a passport book with a validity period of 10 years corresponds to an increased cost of either thirty cents or eighty cents per year for the life of the passport book. The Department does not anticipate that this *de minimis* increase in the lifetime cost of a passport book will impose an undue burden on individual passport book applicants, or that it will have an impact on application volumes or any other public behavior. Public demand for the passport book has been rising over the past several years and is expected to continue to rise as individuals increasingly come to regard the passport book as a valuable identity document. This rule will also provide distinct benefits that cannot be quantified monetarily. As OMB Circular A-4 states, “It will not always be possible to express in monetary units all of the important benefits and costs” of a rule. A vital, non-quantifiable benefit of this interim final rule is that it will enable the Department to advance its goal of enhancing border security while simultaneously investing in infrastructure and other developments needed to meet projected levels of passport book demand in FY 2008 and beyond. By supplying the funds to purchase passport books and priority mailing, the security surcharge will significantly enhance the nation's border security. The passport book costs three times the previous passport book for a reason. It is one the world's most secure travel documents. It contains an embedded chip with coding that will prevent digital data from being altered or removed, as well as a unique ID number for the chip. In addition, the electronic passport book uses a form of Public Key Infrastructure
(PKI)that will permit digital signatures, thus protecting the data from tampering. These features make it much more difficult for individuals to engage in the fraudulent use of an electronic passport book. Likewise, the use of priority mail makes it possible for both the Department and the legitimate recipient to track the electronic passport book through the mailing process, making it easier to prevent and detect any loss or theft of the book. At the same time, because it will fully fund the cost of blank passport books and priority mailing, the increased surcharge will permit the Department to maximize the efficiency of its operations. As OMB Circular A-4 explains, “[a] regulation may be appropriate when you have a clearly identified measure that can make government operate more efficiently.” By ensuring that the base cost of each passport book and priority mailing is funded through the surcharge, the rule allows the Department to more effectively plan for what is projected to be a record level of passport book demand, and to determine in advance how to best allocate the Department's other available resources so as to provide efficient and high-quality consular services to the American public. Specifically, the rule will permit the Department to use other funds to provide the infrastructure and staffing needed to meet the projected demand for passport books over the next fiscal year and beyond. This will enable both the Department and the public to avoid the inefficient use of resources that arises when infrastructure and staffing are insufficient to meet demand. This, along with enhanced border security through the use of the passport book and priority mailing, is a tangible and noticeable benefit. Thus, the benefits of this rule exceed its costs. Executive Order 13132: Federalism This regulation would not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, and Executive Order No. 13132 is therefore not applicable. Executive Order 12988: Civil Justice Reform The Department has reviewed this regulation in light of sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and to reduce burden. National Environmental Policy Act The Department has analyzed this regulation for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has determined that it would not have any effect on the quality of the environment. The Paperwork Reduction Act of 1995 This proposed rule would not impose any new reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. List of Subjects in 22 CFR Part 22 Passports and visas. Accordingly, for the reasons set forth above, 22 CFR part 22 is amended as follows: PART 22—SCHEDULE OF FEES FOR CONSULAR SERVICES—DEPARTMENT OF STATE AND FOREIGN SERVICE 1. The authority citation for part 22 is revised to read as follows: Authority: 8 U.S.C. 1153 note, 1351, 1351 note; 10 U.S.C. 2602(c); 22 U.S.C. 214, 2504(a), 4201, 4206, 4215, 4219; 31 U.S.C. 9701; Pub. L. 105-277, 112 Stat. 2681 *et seq.* ; Pub. L. No. 108-447, 118 Stat. 2809 *et seq.* ; E.O. 10718, 22 FR 4632, 3 CFR, 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3 CFR, 1966-1970 Comp., p. 570, Pub. L. 109-167, January 10, 2006, 119 Stat. 3578; Pub. L. 109-472, section 6, 120 Stat. 3554 (2007). 2. Section 22.1 is amended in the table by revising entries 1 and 2 under the heading “Passport and Citizenship Services” to read as follows: § 22.1 Schedule of fees. The following table sets forth the U.S. Department of State's Schedule of Fees for Consular Services: Schedule of Fees for Consular Services Item No. Fee Passport and Citizenship Services 1. Passport Book Execution: Required for first-time applicants and others who must apply in person [01—Passport Book Execution] $25. 2. Passport Book Application Services for:
(a)Applicants age 16 or over (including renewals) [02—Adult Passport Book] $55.
(b)Applicants under age 16 [03—Minor Passport Book] $40.
(c)Passport Book amendments (extension of validity, name change, etc.) 04—Amendment] No fee.
(d)Passport Book security surcharge (enhanced border security fee) [05—Security Surcharge] $20. Dated: January 22, 2008. Maura Harty, Assistant Secretary of State for Consular Affairs, Department of State. [FR Doc. E8-1343 Filed 1-28-08; 8:45 am] BILLING CODE 4710-06-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [[USCG-2007-0176] Formerly Published as [CGD08-07-042]] RIN 1625-AA09 Drawbridge Operating Regulation; Gulf Intracoastal Waterway (Algiers Alternate Route), Belle Chasse, LA; Correction AGENCY: Coast Guard, DHS. ACTION: Final rule, Correction. SUMMARY: The Coast Guard published in the **Federal Register** of December 12, 2007, a final rule concerning changes to the operation for the State Route 23 vertical lift bridge across the Gulf Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle Chasse, Louisiana. The document was inadvertently published under the same docket number as a previously published document. This document establishes the assignment of a new docket number for publication of the final rule. DATES: This rule is effective on December 12, 2007. FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration Branch, telephone number 504-671-2128. SUPPLEMENTARY INFORMATION: The Coast Guard published in the **Federal Register** of December 12, 2007, a document which changed the operation of the State Route 23 vertical lift bridge across the Gulf Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle Chasse, Louisiana. The document outlined that the portion of the existing regulation allowing the bridge to remain closed to navigation on the last weekend in October was no longer necessary and was being removed from the operating schedule. This document shared a docket number with a separate document that had been published previously. This correction establishes a new docket number for the document published on December 12, 2007. In rule FR Doc. CGD08-07-042 published on December 12, 2007, (72 FR 298) make the following correction. On page 70515, in the first column, in the heading section replace the docket number CGD08-07-042 with USCG-2007-0176. Dated: January 8, 2008. J.H. Korn, Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist., Acting. [FR Doc. E8-1519 Filed 1-28-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD05-07-026] RIN 1625-AA09 Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (AIWW), Sunset Beach, NC AGENCY: Coast Guard, DHS. ACTION: Final rule. SUMMARY: The Coast Guard is changing the drawbridge operating regulations that govern the S.R. 1172 Bridge, at AIWW mile 337.9, Sunset Beach, NC. This final rule will allow the bridge to open on the hour on signal for pleasure vessels from 7 a.m. to 9 p.m. year round. The reason for this change would be to improve the schedule for both roadway and waterway users. DATES: This rule is effective February 28, 2008. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket CGD05-07-026 and are available for inspection or copying at Commander (dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The Fifth Coast Guard District maintains the public docket for this rulemaking. FOR FURTHER INFORMATION CONTACT: Gary Heyer, Bridge Management Specialist, Fifth Coast Guard District, at
(757)398-6629. SUPPLEMENTARY INFORMATION: Regulatory History On May 8, 2007, we published a notice of proposed rulemaking
(NPRM)entitled “Drawbridge Operation Regulation; Atlantic Intracoastal Waterway (AIWW), Sunset Beach, NC” in the **Federal Register** (72 FR 26038). We received 10 comments on the proposed rule. No public meeting was requested, and none was held. Background and Purpose The S.R. 1172 Bridge at Sunset Beach has zero vertical clearance to vessels when in the closed position at mean high water. The North Carolina Department of Transportation (NCDOT) owns and operates this single-lane, floating steel-barge, swing-span referred to as a pontoon drawbridge. Current regulations set out at 33 CFR 117.821(a)(5) require the bridge to open on signal for commercial vessels at all times; and on the hour on signal for pleasure vessels between 7 a.m. and 7 p.m., April 1 to November 30, except that on Saturdays, Sundays, and Federal holidays, from June 1 through September 30, the bridge shall open on signal on the hour between 7 a.m. and 9 p.m. NCDOT and the residents of the Town of Sunset Beach requested a change to the operating regulations for the S.R. 1172 Bridge in an effort to improve the schedule for both roadway and waterway users. The S.R. 1172 Bridge provides the only route on and off Sunset Beach Island. This rule will not change the requirement for the bridge to open on signal at any time for commercial vessels. The Coast Guard reviewed the bridge logs for 2005 and 2006 provided by NCDOT which illustrate a small decrease in the numbers of vessels passing through the bridge during the spring, summer, and fall over the past year. Most vessels transiting the area in the spring and fall are operated by owners commonly referred to as “snowbirds”. Owners of these transitory recreational vessels are either traveling north to south towards a warmer climate in the fall or south to north towards a cooler climate in the spring which can result in frequent bridge openings due to increased vessel numbers. During the spring and fall months, the flow of recreational vessels is constant. There were approximately 10,461 and 11,429 vessel passages occurring in 2006 and 2005, respectively, over an eight-month period (during the peak boating season from April to November) according to records furnished by the NCDOT. (See Table A) Table A JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC BRIDGE OPENINGS FOR 2006 233 191 307 392 436 394 451 392 349 386 326 317 BOAT PASSAGES FOR 2006 273 157 463 1207 1659 1538 1486 1024 921 1234 1392 481 BRIDGE OPENINGS FOR 2005 218 165 313 322 441 439 474 413 327 393 331 297 BOAT PASSAGES FOR 2005 294 211 532 1041 1767 1438 1639 1152 834 1302 2256 538 The final rule will facilitate pleasure vessels in navigating the AIWW, while also helping to ease vehicular traffic congestion. Discussion of Comments and Changes The Coast Guard received 10 comments to the NPRM published on May 8, 2007 (72 FR 26038). The comments included nine letters from homeowners and one written request from the North Carolina Department of Environment and Natural Resources, Division of Coastal Management (NCDCM). Of the nine comments received from homeowners, eight favored the proposal to allow the bridge to open on the hour on signal for pleasure vessels from 7 a.m. to 9 p.m. year round. The remaining comment opposed the proposal. However, that comment inaccurately concluded that the proposal would change the opening schedule to “on demand” for pleasure vessels. This rule will not create an “on demand” schedule, therefore we do not consider this comment to oppose the NPRM or this final rule. The last comment from NCDCM contained a request that the NPRM be subject to a consistency review under the Coastal Zone Management Act. The Coast Guard response is included in the “Environment” section below. Based on all of the comments received, we are publishing this final rule with no changes from the NPRM. Under this final rule, the draw of the S.R. 1172 Bridge will open on signal at all times for commercial vessels and on the hour on signal between 7 a.m. and 9 p.m., year-round for pleasure vessels. At all other times, the draw shall open on demand. Discussion of Rule The Coast Guard is amending 33 CFR 117.821, by revising paragraph (a)(5) for pleasure vessels to read “shall open on the hour on signal from 7 a.m. to 9 p.m.” What this means is that the bridge shall only open on the hour, but that it may remain closed on certain hours if no one has requested an opening for that hour. 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. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). In accordance with 15 CFR part 930.35(a)(1) Negative determinations of proposed activities, we based this action on careful review of the waterway use, historical reports, and dated records seeking past impacts on coastal and natural resources around the bridge and within the surrounding areas. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. This conclusion is based on the fact that the changes will have only a minimal impact on maritime traffic transiting the bridge. Mariners can plan their trips in accordance with the scheduled bridge openings to minimize delays. 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 process. No assistance was requested from any small entity. 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 would 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 would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph
(e)of the Instruction, from further environmental documentation because it has been determined that the promulgation of operating regulations for drawbridges are categorically excluded. The Coast Guard has determined that changing the operating schedule for the SR 1172 Bridge will not have any foreseeable effect on any coastal uses or natural resources within the coastal zone of the State of North Carolina. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; Department of Homeland Security Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued under the authority of Pub. L. 102-587, 106 Stat. 5039. 2. In § 117.821, paragraph (a)(5) is revised to read as follows: § 117.821 Atlantic Intracoastal Waterway, Albermarle Sound to Sunset Beach.
(a)* * *
(5)S.R. 1172 Bridge, mile 337.9, at Sunset Beach, NC, shall open on the hour on signal between 7 a.m. to 9 p.m. Dated: December 18, 2007. Fred M. Rosa, Jr., Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E8-1476 Filed 1-28-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG-2007-0065 [previously published as CGD05-07-100]] RIN 1625-AA09 Drawbridge Operation Regulations: Isle of Wight Bay (Sinepuxent Bay), Ocean City, MD AGENCY: Coast Guard, DHS. ACTION: Final temporary rule. SUMMARY: The Coast Guard is temporarily changing the regulations that govern the operation of the U.S. 50 Bridge across the Isle of Wight Bay (Sinepuxent Bay), at mile 0.5, in Ocean City, MD. This closure is necessary to facilitate extensive rehabilitation and to maintain the bridge's operational integrity. Vessels that can pass under the bridge without a bridge opening may do so at all times. DATES: This rule is effective from 8 a.m. on Monday, January 7, 2008 until and including 5 p.m. on Thursday, February 21, 2008. ADDRESSES: Comments and related materials received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket USCG-2007-0065. The docket is available at *http://www.regulations.gov* and will include any personal information you have provided. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call Sandra S. Elliott, Bridge Management Specialist, Fifth Coast Guard District, at
(757)398-6557. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: Regulatory Information On October 1, 2007, the new Federal Docket Management System
(FDMS)was established and FDMS numbers were assigned to all actions published in the **Federal Register** . New FDMS numbers are posted and requested comments are reviewed at www.regulations.gov. The FDMS number assigned to this rule is USCG-2007-0065. On November 8, 2007, we published a notice of proposed rulemaking
(NPRM)entitled “Drawbridge Operation Regulations: Isle of Wight Bay (Sinepuxent Bay), Ocean City, Maryland” in the **Federal Register** (72 FR 63156). The previously assigned NPRM docket number was CGD05-07-100. We received no comments on the proposed rule. No public meeting was requested, and none was held. 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** . The bridge repairs, scheduled to begin on January 7, 2008, are necessary repairs that must be performed with all due speed to assure the continued safe and reliable operation of the bridge. Any delay in making this rule effective would not be in the best interest of public safety and the marine interests that use Isle of Wight Bay (Sinepuxent Bay). We received no comments on the published NPRM, which included the effective period, indicating a need to delay the effective date of this temporary final rule. Background and Purpose Maryland Department of Transportation-State Highway Administration
(MDOT)owns and operates the bascule span of the U.S. 50 Bridge, at mile 0.5, across Isle of Wight Bay (Sinepuxent Bay) in Ocean City, MD. The bridge has a vertical clearance in the closed position to vessels of 13 feet, above mean high water (vertical clearance at center of channel increased by five feet). The current regulations are outlined at 33 CFR 117.559, which require the bridge to open on signal except: From October 1 through April 30 from 6 p.m. to 6 a.m., the draw shall open if at least three hours notice is given and from May 25 through September 15 from 9:25 a.m. to 9:55 p.m., the draw shall open at 25 minutes after and 55 minutes after the hour for a maximum of five minutes to let accumulated vessels pass, except that, on Saturdays from 1 p.m. to 5 p.m., the draw shall open on the hour for all waiting vessels and shall remain in the open position until all waiting vessels pass. The Office of Bridge Inspection and Remedial Engineering, a division under MDOT, requested a change to the existing operating drawbridge regulations to accommodate the necessary repairs. The repairs include replacing the existing north and south pinion/bull gear sets in the west bascule leaf and replacing the existing grid deck in the bascule span. To facilitate the repairs, the drawbridge will be locked in the closed-to-navigation position from 8 a.m. on Monday, January 7, 2008 until and including 5 p.m. on Thursday, February 21, 2008. Information provided by MDOT indicates that during the winter months, in January and February, the bridge has an opening frequency of five openings per month. Vessel operators with mast height lower than 13 feet still can transit through the drawbridge across Isle of Wight Bay (Sinepuxent Bay) during the rehabilitation. The project will also require a small barge, measuring 8 feet by 27 feet, for the gear removal/grid deck installation. The barge will only be needed for a six-day period and removed at the end of each procedure at the end of each day. However, the barge can be removed during an emergency at any time. Also, the Atlantic Ocean is an alternate route for vessels with a mast height greater than 13 feet. Therefore, vessels should not be negatively impacted by this temporary change. Discussion of Comments and Changes The Coast Guard received no comments to the NPRM. Based on the information provided, we will implement a final temporary rule with no changes to the NPRM. Discussion of Rule The Coast Guard is suspending the operating regulations at 33 CFR 117.559 for the U.S. 50 Bridge at mile 0.5, in Ocean City, Maryland from 8 a.m. on January 7, 2008, through 5 p.m. on February 21, 2008. During this suspension period, the Coast Guard will implement temporary operating regulations for this bridge. The final temporary rule states that the bridge need not be opened by the bridge operator, Maryland Department of Transportation-State Highway Administration, during this period. 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. Due to the historical average number of bridge openings during this time period, this temporary change will have only a minimal impact on maritime traffic seeking to transit the bridge. Vessel operators with mast height lower than 13 feet still can transit through the drawbridge across Isle of Wight Bay (Sinepuxent Bay) during the rehabilitation. Also, the Atlantic Ocean is an alternate route for vessels with a mast height greater than 13 feet who cannot transit under the bridge during this period. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which might be small entities: Owners and operators of vessels with over 13 feet of mast height seeking to transit the bridge between 8 a.m. on January 7, 2008, through 5 p.m. on February 21, 2008. This rule will not have a significant economic impact on a substantial number of small entities because vessel operators with mast height lower than 13 feet still can transit thorough the drawbridge. The Atlantic Ocean is an alternate route for vessels with a mast height greater than 13 feet. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about 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 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 because this rule involves drawbridge regulations. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (32)(e) of the Instruction, from further environmental documentation. List of Subjects in 33 CFR Part 117 Bridges. Words of Issuance and Regulatory Text For the reasons discussed in the preamble, the Coast Guard temporarily amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1. 2. From 8 a.m. on January 7, 2008 through 5 p.m. on February 21, 2008, temporarily designate the regulatory text in § 117.559 as paragraph (a), temporarily suspend newly designated paragraph (a), and temporarily add paragraph
(b)to read as follows: § 117.559 Isle of Wight Bay.
(b)From 8 a.m. on January 7, 2008 through 5 p.m. on February 21, 2008, the draw of the U.S. 50 Bridge, mile 0.5, at Ocean City, need not be opened. Dated: 16 January 2008. Fred M. Rosa, Jr., Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E8-1567 Filed 1-28-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 Drawbridge Operation Regulations CFR Correction In Title 33 of the Code of Federal Regulations, Parts 1 to 124, revised as of July 1, 2007, in part 117, under ILLINOIS, on page 587, reinstate § 117.397 to read as follows: § 117.397 Wabash River. The draws of each bridge across the Wabash River shall open on signal if at least 72 hours notice is given. [FR Doc. 08-55502 Filed 1-28-08; 8:45 am]
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  • 7 CFR 301
  • 7 USC 7701-7772
  • 7 CFR 2.22
  • Pub. L. 106-113
  • Pub. L. 106-224
  • 114 Stat. 400
  • 7 CFR 301.64
  • 7 CFR 3015
  • 22 CFR 22
  • Pub. L. 108-447
  • Pub. L. 109-472
  • 118 Stat. 2896
  • 120 Stat. 3554
  • Pub. L. 96-354
  • 5 USC 601-612
  • Pub. L. 104-4
  • 109 Stat. 48
  • Pub. L. 104-121
  • 42 USC 4321-4347
  • Pub. L. 105-277
  • 118 Stat. 2809
  • Pub. L. 109-167
  • 119 Stat. 3578
  • 33 CFR 117
  • 44 USC 3501-3520
  • 2 USC 1531-1538
  • 42 USC 4321-4370f
  • Pub. L. 102-587
  • 106 Stat. 5039
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