Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations 9445 

* * * * * 

[FR Doc. E7–3586 Filed 3–1–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

48 CFR Chapter 44 

[Docket ID FEMA–2006–0033] 

RIN 1660–AA46 

Federal Emergency Management 

Agency (FEMA) Acquisition Regulation 

System; Removal of Chapter 44 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Direct final rule. 

SUMMARY: This direct final rule removes 

the Federal Emergency Management 

Agency Acquisition Regulation in its 

entirety. This removal is a result of the 

establishment of the Department of 

Homeland Security and its subsequent 

Homeland Security Acquisition 

Regulation supplement to the Federal 

Acquisition Regulation. 

DATES: This rule is effective May 1, 

2007, unless adverse comment is 

received by April 2, 2007. If adverse 

comment is received, FEMA will 

publish a timely withdrawal of the rule 

in the Federal Register. 

ADDRESSES: You may submit comments, 

identified by Docket ID FEMA–2006–

0033, by one of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: FEMA-RULES@dhs.gov. 

Include Docket ID FEMA–2006–0033 in 

the subject line of the message. 

Fax: 866–466–5370. 

Mail/Hand Delivery/Courier: Rules 

Docket Clerk, Office of Chief Counsel, 

Federal Emergency Management 

Agency, Room 835, 500 C Street, SW., 

Washington, DC 20472. 

Instructions: All Submissions 

received must include the agency name 

and Docket ID. Regardless of the method 

used for submitting comments or 

material, all submissions will be posted, 

without change, to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov, and will include 

any personal information you provide. 

Therefore, submitting this information 

makes it public. You may wish to read 

the Privacy Act notice that is available 

on the Privacy and Use Notice link on 

the Administration Navigation Bar of 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. Submitted 

comments may also be inspected at 

FEMA. 

FOR FURTHER INFORMATION CONTACT: 

Joyce M. Ard, Federal Emergency 

Management Agency, 500 C Street, SW., 

Patriot Plaza Room 201, Washington, DC 

20472, (phone) 202–646–3213, 

(facsimile) 202–646–2928, or (e-mail) 

joyce.ard@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) is issuing this action as a direct 

final rule without prior proprosal 

because FEMA believes that this action 

is not controversial and will not result 

in any adverse comments. This direct 

final rule removes the FEMA 

Acquisition Regulation (FEMAAR) at 48 

CFR Chapter 44 in its entirety. 

(FEMAAR was published in 50 FR 

31316, Aug. 1, 1985, and amended at 55 

FR 28206, July 10, 1990). The specific 

language and subsequent clauses are 

removed as a result of the transfer of 

FEMA to the Department of Homeland 

Security (DHS) on March 1, 2003. The 

Homeland Security Acquisition 

Regulation (HSAR), 48 CFR Chapter 30, 

issued in 68 FR 67867, Dec. 4, 2003 and 

amended as a final rule in 71 FR 25759, 

May 2, 2006, 71 FR 48800, Aug. 22, 

2006 and in 72 FR 1296, Jan. 11, 2007 

established a uniform department-wide 

acquisition regulation for DHS and for 

purposes of 48 CFR Chapter 30 listed all 

entities for which the chapter applied to 

include FEMA. 

FEMA believes it is important to make 

this action effective as soon as possible 

not only to remove inapplicable 

regulatory text, but to be consistent with 

DHS uniform department-wide 

acquisition regulations. For these 

reasons, FEMA believes that it is 

appropriate to issue this rule as a direct 

final rule. This rule conforms with the 

good cause exemption under section 

553(b)(B) of the Administrative 

Procedure Act (5 U.S.C. 553(b)(B)), 

because notice and comment is 

unnecessary. As stated above, this 

rulemaking simply completes an 

administrative task by removing 

inapplicable and inconsistent regulatory 

text. However, if FEMA receives a 

significant adverse comment within 30 

days of publication of this direct final 

rule, FEMA will publish a timely notice 

of withdrawal in the Federal Register. If 

FEMA receives no significant adverse 

comment, before the effective date, 

FEMA will publish a document in the 

Federal Register stating that no adverse 

comment was received and confirming 

that this rule will be effective as 

scheduled. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

mandates that an agency conduct a RFA 

analysis when an agency is ‘‘required by 

section 553 * * * to publish general 

notice of proposed rulemaking for any 

proposed rule.’’ 5 U.S.C. 603(a). 

Accordingly, RFA analysis is not 

required when a rule is exempt from 

notice and comment rulemaking under 

5 U.S.C. 553(b). Here, FEMA is issuing 

this action as a direct final rule without 

prior proposal because FEMA believes 

that this action is not controversial and 

will not result in any adverse 

comments. Moreover, as stated 

previously, good cause exists under 5 

U.S.C. 553(b)(B) to exempt this rule 

from the notice and comment 

requirements of 5 U.S.C. 553(b). 

Therefore no RFA analysis under 5 

U.S.C. 603 is required for this rule. 

Executive Order 12866—Regulatory 

Planning and Review 

Under Executive Order 12866, 58 FR 

51735, Oct. 4, 1993, a ‘‘significant 

regulatory action’’ is subject to Office of 

Management and Budget (OMB) review 

and the requirements of Executive Order 

12866. Section 3(f) of the Executive 

Order defines ‘‘significant regulatory 

action’’ as one that is likely to result in 

a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more, or 

may adversely affect in a material way 

the economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

Sections 503(1), 701(a)(2), 1511(d)(2) 

of the Homeland Security Act, 6 U.S.C. 

313(1), 341(a)(2), 551(d)(2), established 

FEMA as a component within DHS. As 

a DHS component FEMA adheres to the 

HSAR, 48 CFR 3001.105–2(a) and 

3001.301(a)(1). This direct final rule 

removes the FEMAAR as a result of the 

establishment of FEMA as a DHS 

component. Therefore, this rulemaking 

is not considered to be an economically 

significant regulatory action under 


rwilkins on PROD1PC63 with RULES
9446 Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations 

section 3(f) of Executive Order 12866. 

This rule adheres to the principles of 

regulation as set forth in the Executive 

Order. 

Executive Order 13132, Federalism 

This direct final rule will 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. It will not 

preempt any State laws. In accordance 

with section 6 of Executive Order 

13132, FEMA determines that this rule 

will not have federalism implications 

sufficient to warrant the preparation of 

a federalism impact statement. 

National Environmental Policy Act 

This direct final rule falls within the 

exclusion category of 44 CFR 

10.8(d)(2)(ii), which addresses the 

preparation, revision, and adoption of 

regulations, directives, manuals, and 

other guidance documents related to 

actions that qualify for categorical 

exclusions. Because no other 

extraordinary circumstances have been 

identified, this direct final rule will not 

require the preparation of either an 

environmental assessment or an 

environmental impact statement as 

defined by the National Environmental 

Policy Act. 

Paperwork Reduction Act of 1995 

This direct final rule will not revise 

information collection requirements 

currently approved under the 

Paperwork Reduction Act of 1995. 

Under the Paperwork Reduction Act, a 

person may not be penalized for failing 

to comply with an information 

collection that does not display a 

currently valid OMB control number. 

FEMA has determined that because the 

direct final rule would not involve 

information collection, there is no need 

to address the Paperwork Reduction Act 

in the promulgation of the rule. 

Executive Order 12988 

This direct final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 48 CFR Chapter 44 

Government procurement. 

■ Accordingly, under the authority of 

sections 503(1), 701(a)(2), 1511(d)(2) of 

the Homeland Security Act, 6 U.S.C. 

313(1), 341(a)(2), 551(d)(2), FEMA 

amends 48 CFR by removing chapter 44. 

Dated: February 22, 2007. 

R. David Paulison, 

Director, Federal Emergency Management 

Agency, Department of Homeland Security. 

[FR Doc. E7–3650 Filed 3–1–07; 8:45 am] 

BILLING CODE 9110–49–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 030221039–7043–42; I.D. 

022707B] 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: The Assistant Administrator 

for Fisheries (AA), NOAA, announces 

temporary restrictions consistent with 

the requirements of the Atlantic Large 

Whale Take Reduction Plan’s 

(ALWTRP) implementing regulations. 

These regulations apply to lobster trap/ 

pot and anchored gillnet fishermen in 

an area totaling approximately 2,201 

nm2 (7,549 km2), east of Portsmouth, 

New Hampshire, for 15 days. The 

purpose of this action is to provide 

protection to an aggregation of northern 

right whales (right whales). 

DATES: Effective beginning at 0001 hours 

March 4, 2007, through 2400 hours 

March 18, 2007. 

ADDRESSES: Copies of the proposed and 

final Dynamic Area Management (DAM) 

rules, Environmental Assessments 

(EAs), Atlantic Large Whale Take 

Reduction Team (ALWTRT) meeting 

summaries, and progress reports on 

implementation of the ALWTRP may 

also be obtained by writing Diane 

Borggaard, NMFS/Northeast Region, 

One Blackburn Drive, Gloucester, MA 

01930. 

FOR FURTHER INFORMATION CONTACT: 

Diane Borggaard, NMFS/Northeast 

Region, 978–281–9300 x6503; or Kristy 

Long, NMFS, Office of Protected 

Resources, 301–713–2322. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

Several of the background documents 

for the ALWTRP and the take reduction 

planning process can be downloaded 

from the ALWTRP web site at http:// 

www.nero.noaa.gov/whaletrp/. 

Background 

The ALWTRP was developed 

pursuant to section 118 of the Marine 

Mammal Protection Act (MMPA) to 

reduce the incidental mortality and 

serious injury of three endangered 

species of whales (right, fin, and 

humpback) due to incidental interaction 

with commercial fishing activities. In 

addition, the measures identified in the 

ALWTRP would provide conservation 

benefits to a fourth species (minke), 

which are neither listed as endangered 

nor threatened under the Endangered 

Species Act (ESA). The ALWTRP, 

implemented through regulations 

codified at 50 CFR 229.32, relies on a 

combination of fishing gear 

modifications and time/area closures to 

reduce the risk of whales becoming 

entangled in commercial fishing gear 

(and potentially suffering serious injury 

or mortality as a result). 

On January 9, 2002, NMFS published 

the final rule to implement the 

ALWTRP’s DAM program (67 FR 1133). 

On August 26, 2003, NMFS amended 

the regulations by publishing a final 

rule, which specifically identified gear 

modifications that may be allowed in a 

DAM zone (68 FR 51195). The DAM 

program provides specific authority for 

NMFS to restrict temporarily on an 

expedited basis the use of lobster trap/ 

pot and anchored gillnet fishing gear in 

areas north of 40° N. lat. to protect right 

whales. Under the DAM program, 

NMFS may: (1) require the removal of 

all lobster trap/pot and anchored gillnet 

fishing gear for a 15–day period; (2) 

allow lobster trap/pot and anchored 

gillnet fishing within a DAM zone with 

gear modifications determined by NMFS 

to sufficiently reduce the risk of 

entanglement; and/or (3) issue an alert 

to fishermen requesting the voluntary 

removal of all lobster trap/pot and 

anchored gillnet gear for a 15–day 

period and asking fishermen not to set 

any additional gear in the DAM zone 

during the 15–day period. 

A DAM zone is triggered when NMFS 

receives a reliable report from a 

qualified individual of three or more 

right whales sighted within an area (75 

nm 2 (139 km 2)) such that right whale 

density is equal to or greater than 0.04 

right whales per nm 2 (1.85 km 2). A 

qualified individual is an individual 

ascertained by NMFS to be reasonably 

able, through training or experience, to 

identify a right whale. Such individuals 

include, but are not limited to, NMFS 

staff, U.S. Coast Guard and Navy 

personnel trained in whale 

identification, scientific research survey 


rwilkins on PROD1PC63 with RULES