This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

12746 

Vol. 72, No. 52 

Monday, March 19, 2007 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–07–012] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Sail Virginia 2007, Port of 

Hampton Roads, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish temporary special local 

regulations for ‘‘Sail Virginia 2007’’ 

marine event. This action is necessary to 

provide for the safety of life on 

navigable waters before, during, and 

after Sail Virginia 2007 activities. This 

proposed action is intended to restrict 

vessel traffic in the vicinity of the tall 

ship parade as the parade transits the 

Chesapeake Bay, Hampton Roads, the 

James and Elizabeth Rivers and Norfolk 

Harbor. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

April 18, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander 

(dpi), Fifth Coast Guard District, 431 

Crawford Street, Portsmouth, Virginia 

23704–5004, hand-deliver them to 

Room 415 at the same address between 

9 a.m. and 2 p.m., Monday through 

Friday, except Federal holidays, or fax 

them to (757) 391–8149. The 

Inspections and Investigations Branch, 

Fifth Coast Guard District, maintains the 

public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at the above 

address between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

LTJG TaQuitia Winn, U.S. Coast Guard 

Sector Hampton Roads, at (757) 668– 

5580. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD05–07–012), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the address 

listed under ADDRESSES explaining why 

one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

During the period June 7–12, 2007, 

the City of Norfolk and Norfolk 

Festevents Ltd. will sponsor ‘‘Sail 

Virginia 2007’’, a tall ships marine 

event. The six-day event will include 

more than twenty tall ships from around 

the world in recognition of the 

Jamestown 1606–1607 voyage, 

commemorating the 400th anniversary 

of our nation’s birth place. More than 25 

tall ships from around the world have 

been invited to participate. 

Planned events in the Port of 

Hampton Roads include: The arrival of 

more than 20 tall ships and other 

vessels at Lynnhaven Anchorage on 

June 7 and 8, 2007; a Parade of Sail of 

approximately 20 tall ships and other 

vessels from there respective anchorages 

to Town Point Park, downtown Norfolk, 

on June 8, 2007; fireworks display 

adjacent to the Norfolk and Portsmouth 

seawalls on June 9, 2007; and the 

scheduled departure of the majority of 

vessels on June 12, 2007. This event will 

be combined with the annual Norfolk 

Harborfest held each June. 

The Parade of Sail event planned 

during this period will be conducted on 

the waters of the Chesapeake Bay, 

Hampton Roads the Elizabeth River and 

Norfolk Harbor, Virginia. Vessels 

participating in the ‘‘Tall Ships Parade 

of Sail’’ will rendezvous on June 8, 2007 

in the vicinity of Thimble Shoal 

Channel lighted bell buoy ‘‘13’’ LLNR 

9275 as depicted on NOAA Chart 12222 

and will proceed inbound through the 

Elizabeth River to Norfolk Harbor 

Entrance Reach terminating at the 

Norfolk Harbor waterfront. 

The Coast Guard anticipates 

numerous spectator craft for these 

events. Operators should expect 

significant vessel congestion along the 

parade route and viewing areas for the 

fireworks display. 

The purpose of these regulations is to 

promote maritime safety and protect 

participants and the boating public in 

the Port of Hampton Roads during the 

‘‘Tall Ship’s Parade of Sail’’ event. The 

regulations will establish a clear parade 

route for the participating vessels and 

no wake zones along the parade route. 

The regulations will impact the 

movement of all vessels operating in the 

specified areas of the Port. 

Vessel operators are also reminded 

that Norfolk Naval Base will be strictly 

enforcing the existing restricted area 

defined at 33 CFR 334.300 during all 

Sail Virginia 2007 activities. 

We recommend that vessel operators 

visiting the Port of Hampton Roads for 

this event obtain up to date editions of 

the following charts of the area: Nos. 

12222, 12245, 12253, and 12254 to 

avoid anchoring within charted cable or 

pipeline areas. 

With the arrival of Sail Virginia 2007 

and spectator vessels in the Port of 

Hampton Roads for this event, it may be 

necessary to curtail normal port 

operations to some extent. Interference 

will be kept to the minimum considered 

necessary to ensure the safety of life on 

the navigable waters immediately 

before, during, and after the scheduled 

events. 

Because of the danger posed by 

numerous sailing vessels maneuvering 

in close proximity of each other during 

the parade, special local regulations are 

necessary. For the safety concerns noted 


cprice-sewell on PROD1PC66 with PROPOSALS
Federal Register / Vol. 72, No. 52 / Monday, March 19, 2007 / Proposed Rules 12747 

and to address the need for vessel 

control and vessel safety, all vessel 

traffic will be temporarily restricted in 

the vicinity of the parade to provide for 

the safety of participants, spectators and 

transiting vessels. 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

temporary special local regulations on 

specified waters of Chesapeake Bay, 

Thimble Shoal Channel, Hampton 

Roads, Elizabeth River, Norfolk Harbor 

Reach and Norfolk waterfront. The 

Parade of Sail will consist of naval 

vessels, private vessels, and tall ships 

that are scheduled to enter Thimble 

Shoal Channel at approximately 7:30 

a.m. on June 8, 2007. The ships will 

rendezvous at Thimble Shoal Channel 

in the vicinity of Thimble Shoal lighted 

bell buoy ‘‘13’’ LLNR 9275, and will 

proceed inbound through Thimble 

Shoal Channel. The lead vessel is 

scheduled to be abreast of Old Point 

Comfort Light at approximately 9:30 

a.m. The parade route includes Norfolk 

Harbor Entrance Reach, Norfolk Harbor 

Reach, Craney Island Reach, Lambert 

Bend, Port Norfolk Reach and Town 

Point Reach. The larger Sail Virginia 

2007 vessels will be berthed in the 

vicinity of the respective downtown 

Norfolk and Portsmouth waterfronts as 

they complete the parade route. 

A fleet of spectator vessels is 

anticipated to gather nearby to view the 

parade. Because of the danger posed by 

numerous sailing vessels maneuvering 

in close proximity of each other and the 

spectator vessels during the proposed 

marine event, special local regulations 

are necessary. In order to provide for the 

safety of parade participants and 

spectator vessels the Coast Guard 

proposes establishing a regulated area 

restricting all vessel traffic from 

maneuvering within 100 yards abeam of 

the parade, 300 yards ahead of the 

parade and all waters within the parade 

on June 8, 2007. The duration of the 

proposed Parade of Sail is anticipated to 

be approximately seven hours. 

The proposed temporary special local 

regulations will be enforced from 6 a.m. 

to 3 p.m. on June 8, 2007 for the ‘‘Sail 

Virginia 2007’’ Parade of Sail. These 

regulations will restrict general 

navigation in the regulated area during 

the marine event. The Coast Guard, at 

its discretion, when practical, will allow 

the passage of vessels when the parade 

is not taking place. Except for 

participants and vessels authorized by 

the Coast Guard Patrol Commander, no 

person or vessel will be allowed to enter 

or remain in the regulated area during 

the enforcement period. These 

regulations are needed to control vessel 

traffic during the event to enhance the 

safety of participants, spectators and 

transiting vessels. 

In order to provide for the safety of 

vessels transiting the area or observing 

the fireworks display, the Coast Guard 

intends to implement the regulations 

found at 33 CFR 100.501 from 9 p.m. to 

11 p.m. on June 9, 2007. 

Regulatory Evaluation 

This proposed 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). 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

The primary impact of these 

regulations will be on vessels wishing to 

transit the affected waterways during 

the Parade of Sail. Although these 

regulations prevent traffic from 

transiting a portion of the Chesapeake 

Bay and Elizabeth River during this 

event, that restriction is limited to 

approximately seven hours in duration, 

affects only a limited area that is totally 

contained within an already established 

regulated navigation area, and will be 

well publicized to allow mariners to 

make alternative plans for transiting the 

affected area. Moreover, the nature of 

the event itself may hamper or prevent 

transit of the waterway, even absent 

these regulations designed to ensure it 

is conducted in a safe and orderly 

fashion. Extensive advance notifications 

will be made to the maritime 

community via Local Notice to 

Mariners, marine information 

broadcasts, area newspapers and local 

radio stations, so mariners can adjust 

their plans accordingly. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This proposed rule would affect 

the following entities, some of which 

might be small entities: the owners or 

operators of vessels intending to operate 

or anchor in portions of the Chesapeake 

Bay, Hampton Roads, Elizabeth River, 

Norfolk Harbor from 7 a.m. until 3 p.m. 

June 8, 2007 during this event. 

This proposed rule would not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: this proposed 

rule would be in effect for only a limited 

period, affect only limited areas that are 

totally contained within an already 

established regulated navigation area, 

and marine advisories will be issued 

allowing mariners to adjust their plans 

accordingly. Vessel traffic may be 

allowed to pass through the regulated 

areas with the permission of the Coast 

Guard Patrol Commander. In the case 

where the Patrol Commander authorizes 

passage through a regulated area during 

an event, vessels shall proceed at the 

minimum speed necessary to maintain a 

safe course that minimizes wake near 

the event. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact U.S. Coast 

Guard Sector Hampton Roads, at the 

address listed under ADDRESSES. 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 proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 


cprice-sewell on PROD1PC66 with PROPOSALS
12748 Federal Register / Vol. 72, No. 52 / Monday, March 19, 2007 / Proposed Rules 

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 proposed 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 proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would 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. 

Civil Justice Reform 

This proposed 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 proposed 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 proposed 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 proposed 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD, and Department of 

Homeland Security Management 

Directive 5100.1 which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34) (h), of the 

Instruction, from further environmental 

documentation. Special local 

regulations issued in conjunction with a 

regatta or marine parade permit are 

specifically excluded from further 

analysis and documentation under that 

section. 

Under figure 2–1, paragraph (34) (h), 

of the Instruction, an ‘‘Environmental 

Analysis Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule. Comments on this 

section will be considered before we 

make the final decision on whether to 

categorically exclude this rule from 

further environmental review. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for Part 100 

is revised to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add a temporary § 100.35–T07–012 

to read as follows: 

§ 100.35–T07–012 Special Local 

Regulations; Sail Virginia 2007, Port of 

Hampton Roads, VA. 

(a) Regulated area. The regulated area 

includes navigable waters within and 

100 yards abeam of, 300 yards ahead of, 

and all waters between participating 

vessels transiting the Chesapeake Bay 

Thimble Shoal Channel, Hampton 

Roads Norfolk Harbor Entrance Reach, 

Elizabeth River Craney Island Reach, 

Lambert Bend, Lambert Bend to Pinner 

Point, Pinner Point to Town Point 

Reach, Town Point Reach to Norfolk 

Harbor, Virginia in support of the ‘‘Sail 

Virginia 2007’’ Parade of Sail marine 

event. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means any commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by the 

Commander, Coast Guard Sector 

Hampton Roads. 

(2) Official Patrol means any person 

or vessel authorized by the Coast Guard 

Patrol Commander or approved by 

Commander, Coast Guard Sector 

Hampton Roads to enforce this special 

local regulation. 

(3) Sail Virginia 2007 Vessels includes 

all vessels participating in Sail Virginia 

2007 under the auspices of the Marine 

Event Permit issued to the event 

sponsor and approved by Commander, 

Coast Guard Sector Hampton Roads. 

(4) Parade of Sail is the inbound 

procession of Sail Virginia 2007 vessels 

as they navigate designated routes in the 

port of Hampton Roads on June 8, 2007. 

(5) Spectator vessel includes any 

vessel, commercial or recreational, 

being used for pleasure or carrying 

passengers that are in the Port of 

Hampton Roads to observe part or all of 


cprice-sewell on PROD1PC66 with PROPOSALS
Federal Register / Vol. 72, No. 52 / Monday, March 19, 2007 / Proposed Rules 12749 

the events attendant to Sail Virginia 

2007. 

(c) Special local regulations. (1) 

Except for the Official Patrol, 

participants, and persons or vessels 

authorized by the Coast Guard Patrol 

Commander, no person or vessel may 

enter or remain in the regulated area. 

(2) Any person in the regulated area 

must stop immediately when directed to 

do so by any Official Patrol and then 

proceed only as directed. 

(3) All persons and vessels shall 

comply with the instructions of the 

Official Patrol. 

(4) When authorized to transit within 

the regulated area, all vessels shall 

proceed at the minimum speed 

necessary to maintain a safe course that 

minimizes wake near the parade and 

near other persons and vessels. 

(5) The Coast Guard vessels enforcing 

this section can be contacted on VHFFM Marine Band Radio, Channels 13 

and 16. Coast Guard Sector Hampton 

Roads can be contacted at telephone 

number (757) 638–6633. 

(6) Coast Guard Sector Hampton 

Roads will notify the public of changes 

in the status of this section by Marine 

Safety Radio Broadcast on VHF-FM 

Marine Band Radio, Channel 22 (157.1 

MHz). 

(d) Enforcement period. This section 

will be enforced from 6 a.m. June 8, 

2007, to 11 p.m. June 9, 2007. 

Dated: March 8, 2007. 

Larry L. Hereth 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. E7–4937 Filed 3–16–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 223 

[Docket No. 070122014–7057–02, I.D. 

011907A] 

RIN 0648–AV04 

Endangered and Threatened Wildlife; 

Sea Turtle Conservation Requirements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advance notice of proposed 

rulemaking; extension of public 

comment period. 

SUMMARY: In response to requests from 

members of the public, NMFS extends 

the public comment period on an 

advance notice of proposed rulemaking 

(ANPR) regarding potential amendments 

to regulatory requirements for turtle 

excluder devices (TEDs) for an 

additional 60 days, through May 18, 

2007, for the purpose of receiving 

comments on the ANPR, published in 

the Federal Register on February 15, 

2007. 

DATES: Comments will be accepted 

through May 18, 2007. 

ADDRESSES: Written comments on the 

ANPR and requests for literature cited 

should be addressed to Michael 

Barnette, Southeast Regional Office, 

Office of Protected Resources, NMFS, 

263 13th Avenue South, St. Petersburg, 

FL 33701. Comments may also be sent 

via fax to 727–824–5309, via email to 

0648–AV04@noaa.gov, or to the Federal 

eRulemaking portal: http:// 

www.regulations.gov (follow 

instructions for submitting comments). 

FOR FURTHER INFORMATION CONTACT: 

Michael Barnette (ph. 727–824–5312, 

fax 727–824–5309, e-mail 

Michael.Barnette@noaa.gov), Ellen 

Keane (ph. 978–281–9300 x6526, fax 

978–281–9394, e-mail 

Ellen.Keane@noaa.gov), or Tanya 

Dobrzynski(ph. 301–713–2322, fax (301) 

427–2522, e-mail 

Tanya.Dobrzynski@noaa.gov). 

SUPPLEMENTARY INFORMATION: 

Background 

On February 15, 2007, NMFS 

published an ANPR regarding potential 

amendments to the regulatory 

requirements for TEDs (72 FR 7382). 

The ANPR announced that NMFS is 

considering amendments to the 

regulatory requirements for TEDs. 

Specific changes NMFS is considering 

include increasing the size of the TED 

escape opening currently required in the 

summer flounder fishery; requiring the 

use of TEDs in the flynet, whelk, calico 

scallop, and Mid-Atlantic sea scallop 

trawl fisheries; and moving the current 

northern boundary of the Summer 

Flounder Fishery-Sea Turtle Protection 

Area off Cape Charles, Virginia, to a 

point farther north. Other potential 

measures are also being considered. The 

objective of the proposed measures 

would be to effectively protect all life 

stages and species of sea turtle in 

Atlantic and Gulf of Mexico trawl 

fisheries where they are vulnerable to 

incidental capture and mortality. NMFS 

is seeking public comment on these 

potential amendments to the TED 

regulations. NMFS is also soliciting 

public comment on the need for, and 

development and implementation of, 

other methods to reduce bycatch of sea 

turtles in any commercial or 

recreational fishery in the Atlantic and 

Gulf of Mexico where sea turtle 

conservation measures do not currently 

exist. That Federal Register notice 

initiated a 30–day public comment 

period scheduled to end on March 19, 

2007. 

NMFS subsequently received requests 

from the public to extend the comment 

period. These requests stated that more 

time is necessary to more fully review 

and provide comments on issues 

mentioned in the ANPR. In this 

document NMFS is extending the public 

comment period for an additional 60 

days, until May 18, 2007, to allow 

additional time for these requesters and 

other interested parties to provide 

comments. 

Dated: March 13, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E7–4884 Filed 3–16–07; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[I.D. 030607C] 

RIN 0648–AV39 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Atlantic 

Sea Scallop Fishery; Amendment 13 to 

the Atlantic Sea Scallop Fishery 

Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of a 

fishery management plan amendment; 

request for comments. 

SUMMARY: NMFS announces that the 

New England Fishery Management 

Council (Council) has submitted 

Amendment 13 to the Atlantic Sea 

Scallop Fishery Management Plan 

(FMP) (Amendment 13), incorporating 

the public hearing document and the 

Initial Regulatory Flexibility Analysis 

(IRFA), for review by the Secretary of 

Commerce and is requesting comments 

from the public. The goal of 

Amendment 13 is to implement an 

observer service provider mechanism 

for the scallop fishery that would reactive the industry-funded observer 


cprice-sewell on PROD1PC66 with PROPOSALS