37454 Federal Register / Vol. 72, No. 131 / Tuesday, July 10, 2007 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD09–07–065] 

Special Local Regulations: Captain of 

the Port Detroit Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of Enforcement of final 

rule. 

SUMMARY: The Coast Guard is 

implementing special local regulations 

for annual Marine Events in the Captain 

of the Port Detroit Zone during June and 

July, 2007. This action is necessary to 

provide for the safety of life and 

property on navigable waters during 

these events. These special local 

regulations will restrict vessel traffic 

from a portion of the Captain of the Port 

Detroit Zone. 

DATES: Effective from 12:01 a.m. on June 

1, 2007 to 11:59 p.m. on July 31, 2007. 

FOR FURTHER INFORMATION CONTACT: LT 

Jeff Ahlgren, Waterways Management, 

U.S. Coast Guard Sector Detroit, 110 

Mount Elliot Ave., Detroit MI, 48207; 

(313)568–9580. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will be enforcing the permanent 

special local regulations in 33 CFR 

100.901 (published July 13, 1989, in the 

Federal Register, 54 FR 29547, as 

amended), for marine events in the 

Captain of the Port Detroit Zone during 

June and July, 2007. The following 

special local regulations will be 

enforced for marine events occurring in 

June and July, 2007: 

(1) International Bay City River Roar, 

Bay City, MI. Location: That portion of 

the Saginaw River from the Liberty 

Bridge on the north to the Veteran’s 

Memorial Bridge on the south, near Bay 

City, MI on June 22–24, 2007 from 8 

a.m. to 6 p.m. each day. If an additional 

day is needed for this event due to 

inclement weather, the special local 

regulations will also be enforced on 

June 25, 2007 from 8 a.m. to 6 p.m. 

(2) International Freedom Festival 

Tug Across the River, Detroit, MI. 

Location: That portion of the Detroit 

River bounded on the south by the 

International boundary, on the west by 

083° 03′W, on the east by 083° 02′W, 

and on the North by the U.S. shoreline 

on July 15, 2007 from 12:30 p.m. to 2:30 

p.m. 

(3) Bay City Fireworks Display, Bay 

City, MI. Location: Saginaw River, from 

the Veteran’s Memorial Bridge to 

approximately 1,000 yards south to the 

River Walk Pier, near Bay City, MI on 

July 1–3, 2007 from 10 p.m. to 11 p.m. 

each night. If an additional day is 

needed for this event due to inclement 

weather, the special local regulations 

will also be enforced on July 4, 2007 

from 10 p.m. to 11 p.m. 

(4) Detroit APBA Gold Cup Race, 

Detroit, MI. Location: Detroit River, 

between Belle Isle and the U.S. 

shoreline, near Detroit, MI. Bound on 

the west by the Belle Isle Bridge and on 

the east by a north-south line drawn 

through the Waterworks Intake Crib 

Light (LLNR 1022) on July 13–15, 2007 

from 7 a.m. to 7 p.m. each day. 

In order to ensure the safety of 

spectators and transiting vessels, these 

special local regulations found at 33 

CFR 100.901 (a)–(e) will be enforced for 

the duration of the events. In the event 

that these special local regulations affect 

shipping, commercial vessels may 

request permission from the Captain of 

the Port Detroit to transit through the 

regulated area. Requests must be made 

in advance and approved by the Captain 

of Port before transits will be 

authorized. The Captain of the Port may 

be contacted via U.S. Coast Guard 

Sector Detroit on channel 16, VHF-FM. 

The Coast Guard will give notice to the 

public via a Broadcast to Mariners that 

the regulation is in effect. 

This notice is issued under authority 

of 33 CFR 100.901 and 5 U.S.C. 552(a). 

Dated: June 20, 2007. 

P.W. Brennan, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. E7–13367 Filed 7–9–07; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL SERVICE 

39 CFR Part 20 

International Product Change 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: The Postal Service TM is 

issuing a final rule revising 

requirements contained in the 

International Mail Manual (IMM) 

concerning the contents of notifications 

of International Customized Mail (ICU) 

agreements. 

DATES: Effective Date: July 10, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Margaret M. Falwell, 703–292–3576; or 

James Crawford, 703–292–3614. 

SUPPLEMENTARY INFORMATION: 

International Customized Mail (ICM) 

agreements are specialized, mailerspecific, agreements entered into by the 

Postal Service which provide 

discounted rates from the base rates for 

existing categories and services of 

international mail. Postal Service 

regulations published at IMM 297 

require that routine notices be 

published within prescribed periods 

identifying the salient terms of each 

ICM. In particular, information required 

to be published about each ICM include 

extensive information about each ICM. 

In particular, information required to be 

published about each ICM include 

extensive information about each ICM, 

including the term, type of mail 

involved, destination country or 

countries, description of services 

provided by the Postal Service, 

minimum volume commitments for 

each service, brief descriptions of any 

work-sharing performed by the mailer, 

and the agreed-upon rate for each 

service at the volume level committed 

by the mailer. 

The underlying rationale for this final 

rule is based on recently enacted 

amendments to the Postal Service’s 

organic statute. On December 20, 2006, 

the Postal Accountability and 

Enhancement Act (PAEA), Pub. L. No. 

109–435, became law. The PAEA 

fundamentally changes the Postal 

Service’s business model by converting 

former requirements to operate on a 

break-even basis to a more commercial, 

profit-making business model. The 

PAEA further gives the Postal Service 

considerable flexibility in pricing 

competitive services. In addition, the 

PAEA makes various commercial laws, 

such as antitrust, Federal Trade 

Commission unfair competition law, 

and private sector customs 

requirements, as well as an assumed 

federal income tax applicable to the 

Postal Service’s competitive services. 

Under the PAEA, bulk international 

mail, which includes bulk mailings 

entered in combination with an ICM, 

could reasonably be classified as falling 

within the ‘‘competitive’’ category of 

mail, for which there are abundant, 

alternative providers. Thus, competitive 

services should observe commercial 

business practices. In general, private 

businesses do not publicize information 

about recently executed customer 

agreements; rather, such instruments are 

regarded as closely held commercial 

information. Consequently, in 

accordance with industry practice, 

continued publication of comprehensive 

information about the terms of ICMs 

would be inconsistent with their 

competitive status. 

Hence, the Postal Service is 

publishing this final rule to provide an 

appropriate level of information about 


rmajette on PROD1PC64 with RULES
Federal Register / Vol. 72, No. 131 / Tuesday, July 10, 2007 / Rules and Regulations 37455 

each ICM in view of their commercial 

sensitivity. 

We adopt the following changes to the 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM), incorporated by 

reference in the Code of Federal 

Regulations. See 39 CFR 20.1. 

List of Subjects in 39 CFR Part 20 

Foreign relations, International postal 

services. 

PART 20—[AMENDED] 

■ 1. The authority citation for 39 CFR 

Part 20 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, 

404, 407, 408. 

■ 2. Revise International Mail Manual as 

follows: 

* * * * * 

2 Conditions for Mailing 

* * * * * 

290 Commercial Services 

* * * * * 

297 International Customized Mail 

* * * * * 

297.4 Postal Bulletin Notifications 

[Revise 297.4 as follows] 

Within 30 days of entering into an 

ICM service agreement, the Postal 

Service will publish the name of the 

customer in the Postal Bulletin. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 07–3332 Filed 7–9–07; 8:45 am] 

BILLING CODE 7710–12–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 83 

RIN 0920–AA13 

Procedures for Designating Classes of 

Employees as Members of the Special 

Exposure Cohort Under the Energy 

Employees Occupational Illness 

Compensation Program Act of 2000; 

Amendments 

AGENCY: Department of Health and 

Human Services. 

ACTION: Final Rule. 

SUMMARY: The Department of Health and 

Human Services is amending its 

procedures for designating classes of 

employees to be added to the Special 

Exposure Cohort under the Energy 

Employees Occupational Illness 

Compensation Program Act of 2000 

(EEOICPA). The final rule adds and 

revises deadlines for evaluating 

petitions for cohort status, clarifies 

when time periods commence and how 

they toll, and provides information 

relevant to these deadlines on the 

content of petition evaluation reports. 

DATES: This Final Rule is effective July 

10, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Larry Elliott, Director, Office of 

Compensation Analysis and Support, 

National Institute for Occupational 

Safety and Health, 4676 Columbia 

Parkway, MS–C–46, Cincinnati, OH 

45226, Telephone 513–533–6825 (this is 

not a toll free number). Information 

requests can also be submitted by e-mail 

to OCAS@CDC.GOV. 

SUPPLEMENTARY INFORMATION: 

I. Purpose of Rulemaking 

On October 28, 2004, the President 

signed the Ronald W. Reagan National 

Defense Authorization Act for Fiscal 

Year 2005, Pub. L. 108–375 (codified as 

amended in scattered sections of 42 

U.S.C.). Division C, Subtitle E, of this 

Act includes amendments to the Energy 

Employees Occupational Illness 

Compensation Program Act of 2000 

(‘‘EEOICPA’’), 42 U.S.C. 7384–7385. 

Several of these amendments, under 

§ 3166(b), established new statutory 

requirements under 42 U.S.C. 7384q and 

7384l(14)(C)(ii) that pertain to the 

Department of Health and Human 

Services (‘‘HHS’’) procedures 

established under 42 CFR part 83: 

‘‘Procedures for Designating Classes of 

Employees as Members of the Special 

Exposure Cohort under the Energy 

Employees Occupational Illness 

Compensation Program Act of 2000.’’

These new requirements included the 

following: (1) Following the receipt of a 

petition for designation as members of 

the Special Exposure Cohort (‘‘the 

Cohort’’), the National Institute for 

Occupational Safety and Health 

(NIOSH) must submit ‘‘a 

recommendation’’ on that petition, 

including all documentation, to the 

Advisory Board on Radiation and 

Worker Health (‘‘the Board’’) within 180 

days; (2) following the receipt by the 

Secretary of HHS (‘‘the Secretary’’) of a 

recommendation by the Board that the 

Secretary determine in the affirmative 

that a class meets the statutory criteria 

for addition to the Cohort, the Secretary 

must submit to Congress a 

determination as to whether or not the 

class meets these statutory criteria 

within 30 days; (3) if the Secretary does 

not submit this determination to 

Congress within 30 days, then on the 

31st day it shall be deemed that the 

Secretary has submitted a report to 

Congress that designates, as an addition 

to the Cohort, the class recommended 

by the Board for addition to the Cohort 

and that provides the criteria used to 

support the designation; and (4) the 

period Congress shall have to review a 

report submitted by the Secretary to 

designate a class as an addition to the 

Cohort is reduced from 180 days to 30 

days. 

The purpose of the new requirements 

was to expedite the evaluation and 

decision process for adding classes of 

employees to the Cohort. 

On December 22, 2005, HHS issued 

an Interim Final Rule (IFR) 

incorporating changes to ensure the new 

statutory requirements are met and 

requesting public comment (70 FR 

75950). The public comment period for 

this rulemaking was initially to close on 

February 21, 2006. Upon a request from 

the Board for additional time to 

comment, the comment period was 

extended for 30 days and closed on 

March 23, 2006, after a total of 90 days. 

As discussed below, HHS has 

incorporated additional changes in this 

Final Rule in response to comments 

from the Board and from the public. 

These changes also bring the Final Rule 

into alignment with the Congressional 

recommendations specified in the 

Conference Report associated with the 

new statutory deadlines (H. Rep. 108–

767). 

II. Summary of Public Comments 

The public comment period for the 

IFR extended from December 22, 2005 

through March 23, 2006. HHS received 

comments from seven parties in 

addition to the consensus comments of 

the Board. These include four 

individuals, one U.S. Senator, one labor 

organization, and one advocacy group. 

The comments are summarized and 

responded to below, together with 

explanations of changes HHS has 

incorporated into this Final Rule. 

A. 180-Day Deadline for NIOSH 

Recommendations 

Several commenters, including the 

Board, recommended that HHS reiterate 

in the final rule NIOSH’s 180-day 

statutory deadline to evaluate a petition 

and submit recommendations to the 

Board. One commenter also wanted the 

rule to specify what actions HHS would 

take if NIOSH failed to meet that 

deadline. In contrast, another 

commenter recommended against 

including any of the statutory deadlines 

in the rule because of concern that 

hastening the evaluation and 

recommendation process could prevent 


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