38486 Federal Register / Vol. 72, No. 134 / Friday, July 13, 2007 / Rules and Regulations 

PART 4044—ALLOCATION OF 

ASSETS IN SINGLE-EMPLOYER 

PLANS 

■ 4. The authority citation for part 4044 

continues to read as follows: 

Authority: 29 U.S.C. 1301(a), 1302(b)(3), 

1341, 1344, 1362. 

■ 5. In appendix B to part 4044, a new 

entry for August 2007, as set forth 

below, is added to the table. 

Appendix B to Part 4044—Interest 

Rates Used to Value Benefits 

For valuation dates occurring in the month—

The values of it are: 

it for t = it for t = it for t = 

* * * * * * * 

August 2007 ...................................................................... .0549 1–20 .0516 >20 N/A N/A 

Issued in Washington, DC, on this 9th day 

of July 2007. 

Vincent K. Snowbarger, 

Deputy Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E7–13594 Filed 7–12–07; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 105 

[Docket Nos. TSA–2006–24191; USCG–

2006–24196] 

RIN 1652–AA41 

Transportation Worker Identification 

Credential (TWIC) Implementation in 

the Maritime Sector; Hazardous 

Materials Endorsement for a 

Commercial Driver’s License 

AGENCY: United States Coast Guard, 

Department of Homeland Security 

(DHS). 

ACTION: Final rule; extension of 

compliance date. 

SUMMARY: The Department of Homeland 

Security (DHS), through the United 

States Coast Guard (Coast Guard), issues 

this final rule to extend compliance 

dates for the redesignation of secure 

areas. The Coast Guard is delaying the 

date by which facilities wishing to 

redefine their secure areas must submit 

an amendment to their facility security 

plan. Amendments to facility security 

plans are now due by September 4, 

2007. 

DATES: This final rule is effective July 

13, 2007. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of dockets TSA–2006–24191 and 

USCG–2006–24196, and are available 

for inspection or copying at the Docket 

Management Facility, U.S. Department 

of Transportation, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. You may also find this docket 

on the Internet at http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

LCDR Jonathan Maiorine, telephone 1–

877–687–2243. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–493–0402. 

SUPPLEMENTARY INFORMATION: 

I. Regulatory History 

On May 22, 2006, The Department of 

Homeland Security (DHS) through the 

United States Coast Guard (Coast Guard) 

and the Transportation Security 

Administration (TSA) published a joint 

notice of proposed rulemaking entitled 

‘‘Transportation Worker Identification 

Credential (TWIC) Implementation in 

the Maritime Sector; Hazardous 

Materials Endorsement for a 

Commercial Driver’s License’’ in the 

Federal Register (71 FR 29396). This 

was followed by a 45 day comment 

period and four public meetings. The 

Coast Guard and TSA issued a joint 

final rule, under the same title, on 

January 25, 2007 (72 FR 3492) 

(hereinafter referred to as the original 

TWIC final rule). The preamble to that 

final rule contains a discussion of all the 

comments received on the NPRM, as 

well as a discussion of the provisions 

found in the original TWIC final rule, 

which became effective on March 26, 

2007. 

II. Background and Purpose 

A complete discussion of the 

background and purpose of the original 

TWIC final rule may be found beginning 

at 72 FR 3494. This final rule is being 

issued in order to amend the original 

TWIC final rule to reflect delays in the 

issuance of guidance. 

III. Discussion of Change 

The Coast Guard is delaying the date 

by which facilities wishing to redefine 

their secure areas must submit an 

amendment to their facility security 

plan. The original final rule required 

these submissions to be made to the 

appropriate Captain of the Port (COTP) 

by July 25, 2007. The Coast Guard 

issued its Navigation and Vessel 

Inspection Circular (NVIC) containing 

guidance on which facilities are eligible 

for this redefinition, and what would be 

an acceptable new definition of ‘‘secure 

area,’’ on July 6, 2007. In order to 

provide facility owners and operators 

time to take this guidance into account 

before submitting their revised plan, we 

are delaying the deadline for these 

submission until September 4, 2007. 

This amendment may be found at 33 

CFR 105.115. 

IV. Regulatory Requirements 

A. Administrative Procedure Act 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

final rule. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM, because 

providing opportunity for public 

comment is unnecessary and would be 

contrary to the public interest. The 

provision being amended by this final 

rule without prior notice and comment 

eases a restriction on the public by 

providing the public (owners and 

operators of facilities regulated by 33 

CFR part 105) with more time to comply 

with the regulatory requirements. For 

the same reason, under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

mstockstill on PROD1PC66 with RULES

Federal Register / Vol. 72, No. 134 / Friday, July 13, 2007 / Rules and Regulations 38487 

B. Executive Order 12866 (Regulatory 

Planning and Review) 

The original TWIC final rule was a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review and 

therefore it was reviewed by the Office 

of Management and Budget. E.O. 12866 

requires an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Final Assessment for the 

original TWIC final rule is available in 

both the TSA and Coast Guard dockets 

where indicated under the ADDRESSES

section of this preamble. A summary of 

that assessment was included in the 

original TWIC final rule at 72 FR 3570–

3572. 

This final rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866. The Office of 

Management and Budget has not 

reviewed it under that Order. We expect 

the economic impact of this rule to be 

minimal and a full Regulatory 

Evaluation unnecessary. 

We anticipate that these changes will 

not substantially increase TWIC related 

compliance costs to the affected entities 

and in most cases will provide 

advantages through deadline extensions. 

C. 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. 

We do not expect this rule to 

substantially increase TWIC related 

compliance costs, as it extends a 

deadline. The Coast Guard certifies 

under 5 U.S.C. 605(b) that this final rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 

D. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. 

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).] 

E. 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). 

F. 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. 

G. 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. 

H. Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

I. 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. 

J. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

K. 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. 

L. 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. 

M. 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. 

N. Environment 

The provisions of this rule have been 

analyzed under the Department of 

Homeland Security (DHS) Management 

Directive (MD) 5100.1, Environmental 

Planning Program, which is the DHS 

policy and procedures for implementing 

the National Environmental Policy Act 

(NEPA), and related E.O.s and 

requirements. The changes being made 

by this final rule have no effect on the 

environmental analysis that 

accompanied the promulgation of the 

original TWIC final rule. That analysis 

can be found at 72 FR 3576–3577. 

mstockstill on PROD1PC66 with RULES

38488 Federal Register / Vol. 72, No. 134 / Friday, July 13, 2007 / Rules and Regulations 

Accordingly, there are no 

extraordinary circumstances presented 

by this rule that would limit the use of 

a categorical exclusion (CATEX) under 

MD 5100.1, Appendix A, paragraph 3.2. 

The implementation of this rule, like the 

implementation of the original TWIC 

final rule, is categorically excluded 

under the following CATEX listed in 

MD 5100.1, Appendix A, Table 1: 

CATEX A1 (personnel, fiscal, 

management and administrative 

activities); CATEX A3 (promulgation of 

rules, issuance of rulings or 

interpretations); and CATEX A4 

(information gathering, data analysis 

and processing, information 

dissemination, review, interpretation 

and development of documents). 

CATEX B3 (proposed activities and 

operations to be conducted in an 

existing structure that would be 

compatible with and similar in scope to 

ongoing functional uses) and CATEX B 

11 (routine monitoring and surveillance 

activities that support law enforcement 

or homeland security and defense 

operations) would also be applicable. 

List of Subjects in 33 CFR Part 105 

Facilities, Maritime security, 

Reporting and recordkeeping 

requirements, Security measures. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 105 as follows: 

PART 105—MARITIME SECURITY: 

FACILITIES 

■ 1. The authority citation for part 105 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

70103; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–

11, 6.14, 6.16, and 6.19; Department of 

Homeland Security Delegation No, 0170.1. 

§ 105.115 [Amended] 

■ 2. Amend § 105.115(c) by removing 

the date ‘‘July 25, 2007’’ and adding in 

its place the date ‘‘September 4, 2007’’. 

Dated: July 10, 2007. 

F.J. Sturm, 

Acting Assistant Commandant for Prevention. 

[FR Doc. 07–3447 Filed 7–11–07; 12:11 pm] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–07–069] 

RIN 1625–AA00 

Safety Zone; Milwaukee Harbor, 

Milwaukee, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Milwaukee Harbor Safety Zone in 

Milwaukee Harbor during June through 

September 2007. This action is 

necessary to protect vessels and people 

from the hazards associated with 

fireworks displays. This safety zone will 

restrict vessel traffic from a portion of 

the Captain of the Port Lake Michigan 

Zone. 

DATES: Effective from 9 p.m. on June 28, 

2007 to 11 p.m. on September 8, 2007. 

FOR FURTHER INFORMATION CONTACT: 

CWO Brad Hinken, Prevention 

Department, Coast Guard Sector Lake 

Michigan, Milwaukee, WI at (414) 747–

7154. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone, 

Milwaukee Harbor, Milwaukee, WI, 33 

CFR 165.935 for the following events: 

(1) Summerfest fireworks display on 

June 28, 2007 from 9 p.m. through 11 

p.m.; 

(2) Festa Italiana fireworks displays 

on July 19, 2007 from 9 p.m. through 

11:30 p.m.; on July 20, 2007 from 9 p.m. 

through 11:30 p.m.; on July 21, 2007 

from 9 p.m. through 11:30 p.m.; and on 

July 22, 2007 from 9 p.m. through 11:30 

p.m.; 

(3) German Fest fireworks display on 

July 27, 2007 from 9 p.m. through 11 

p.m.; on July 28, 2007 from 9 p.m. 

through 11 p.m.; and on July 29, 2007 

from 9 p.m. through 11 p.m.; 

(4) Mexican Fiesta fireworks display 

on August 24, 2007 from 9 p.m. through 

11 p.m.; and 

(5) Indian Summer fireworks displays 

on September 8, 2007 from 9 p.m. 

through 11 p.m. 

All vessels must obtain permission 

from the Captain of the Port or his onscene representative to enter, move 

within or exit the safety zone. Vessels 

and persons granted permission to enter 

the safety zone shall obey all lawful 

orders or directions of the Captain of the 

Port or a designated representative. 

While within a safety zone, all vessels 

shall operate at the minimum speed 

necessary to maintain a safe course. 

This notice is issued under authority 

of 33 CFR 165.935 Safety Zone, 

Milwaukee Harbor, Milwaukee, WI 

(published on June 13, 2007 at 72 FR 

32522) and 5 U.S.C. 552(a). In addition 

to this notice in the Federal Register, 

the Coast Guard will provide the 

maritime community with advance 

notification of these enforcement 

periods via broadcast Notice to Mariners 

or Local Notice to Mariners. The 

Captain of the Port will issue a 

Broadcast Notice to Mariners notifying 

the public when enforcement of the 

safety zone established by this section is 

suspended. The Captain of the Port may 

be contacted via U.S. Coast Guard 

Sector Detroit on channel 16, VHF–FM. 

Dated: June 28, 2007. 

Bruce C. Jones, 

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

Port Lake Michigan. 

[FR Doc. E7–13575 Filed 7–12–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket No. FEMA–B–7722] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Mitigation Assistant Administrator of 

FEMA reconsider the changes. The 

modified BFEs may be changed during 

the 90-day period. 

mstockstill on PROD1PC66 with RULES