Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Rules and Regulations 12981 

ACTION: Policy statement. 

SUMMARY: The Office of Foreign Assets 

Control of the U.S. Department of the 

Treasury is issuing this notice to clarify 

its policy with respect to the process for 

issuing one-year licenses to export 

agricultural commodities, medicine, and 

medical devices to Sudan and Iran 

pursuant to section 906 of the Trade 

Sanctions Reform and Export 

Enhancement Act of 2000, Title IX of 

Public Law 106–387 (October 28, 2000). 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director for Compliance 

Outreach & Implementation, tel.: 202/ 

622–2490, Assistant Director for 

Licensing, tel.: 202/622–2480, Assistant 

Director for Policy, tel.: 202/622–4855, 

or Chief Counsel, tel.: 202/622–2410, 

Office of Foreign Assets Control, 

Department of the Treasury, 

Washington, DC 20220. 

Clarification of Policy With Respect to 

the Process for Issuing One-Year 

Licenses To Export Agricultural 

Commodities, Medicine, and Medical 

Devices to Sudan and Iran 

The Trade Sanctions Reform and 

Export Enhancement Act of 2000, Title 

IX of Public Law 106–387 (October 28, 

2000), as amended (‘‘TSRA’’), provides 

that, with certain exceptions, the 

President may not impose a unilateral 

agricultural sanction or unilateral 

medical sanction against a foreign 

country or foreign entity unless, at least 

60 days before imposing such a 

sanction, the President submits a report 

describing the proposed sanction and 

the reasons for it and Congress enacts a 

joint resolution approving the report. 

Section 906 of TSRA, however, requires 

that the export of agricultural 

commodities, medicine, and medical 

devices to Cuba, or to the government of 

a country that has been determined by 

the Secretary of State to have repeatedly 

provided support for acts of 

international terrorism, or to any entity 

in such country, shall only be made 

pursuant to one-year licenses issued by 

the United States Government. Section 

906 also requires that procedures shall 

be in place to deny licenses for exports 

to any entity within such country that 

promotes international terrorism. 

Effective July 26, 2001, the Office of 

Foreign Assets Control (‘‘OFAC’’) 

promulgated amendments to the 

Sudanese Sanctions Regulations, 31 

CFR part 538 (the ‘‘SSR’’), and the 

Iranian Transactions Regulations, 31 

CFR part 560 (the ‘‘ITR’’), to implement 

section 906 of TSRA. See 66 FR 36683 

(July 12, 2001) (the ‘‘rule’’). The 

preamble to the rule described an 

expedited process for the issuance of the 

one-year license required by section 906 

for all exports and reexports of 

agricultural commodities, medicine, and 

medical devices to Sudan or Iran. The 

expedited process included, when 

appropriate, referral of the one-year 

license request to other government 

agencies for guidance in evaluating the 

request. If no government agency raised 

an objection to or concern with the 

application within nine business days 

from the date of any such referral, OFAC 

would issue the one-year license, 

provided that the request otherwise met 

the requirements set forth in the rule. 

Conversely, if any government agency 

raised an objection to the request within 

nine business days from the date of 

referral, OFAC would deny the license 

request. Finally, if any government 

agency raised a concern short of an 

objection with the request within nine 

business days from the date of referral, 

OFAC would delay its response to the 

license request for no more than thirty 

additional days to allow for further 

review of the request. 

OFAC instituted this expedited 

licensing process described in the 

preamble following the rule’s 

publication in July 2001. However, the 

terrorist attacks of September 11, 2001, 

magnified concerns about international 

terrorism and proliferation of weapons 

of mass destruction. These concerns 

prompted greater scrutiny on the part of 

OFAC and other agencies of the U.S. 

Government of those entities within 

state sponsors of terrorism to whom 

agricultural commodities, medicine, and 

medical devices were being exported. 

Moreover, the volume of license 

requests has increased substantially 

since the inception of the TSRA 

program, and applications are now 

much more complicated than earlier 

ones, often involving dozens and 

sometimes hundreds of products and 

parties to the transaction. All of these 

factors have contributed to longer OFAC 

and interagency reviews of the 

applications, and thus longer processing 

times for the applications, than 

suggested in the preamble to the rule. 

This review is often further complicated 

by the fact that these license requests 

are evaluated both in terms of whether 

the foreign entities involved in the 

transaction ‘‘promote international 

terrorism,’’ as required by section 906 of 

TSRA, and in terms of whether the 

products at issue implicate independent 

export control regimes involving 

chemical or biological weapons or 

weapons of mass destruction, as 

provided in section 904(2)(C) of TSRA. 

Scrutiny of license applications on the 

latter ground often results in requests 

for additional information by the 

reviewing agencies, which neither the 

applicant nor OFAC can anticipate, 

further delaying the review process. 

Accordingly, today OFAC is issuing 

this notice to clarify its policy with 

respect to the licensing process for 

TSRA exports. OFAC will continue to 

conduct a review of all applications for 

one-year licenses consistent with the 

requirements of section 906 of TSRA, 

which may include a referral to other 

government agencies for guidance, and 

will respond to such applications upon 

completion of the review. Please be 

aware that OFAC’s processing of oneyear license requests may take longer 

than the time periods suggested at the 

inception of the TSRA program. OFAC 

will continue to respond to such 

applications in as timely a manner as is 

possible under the circumstances of 

each individual license application, 

consistent with OFAC’s obligations 

under TSRA, the ITR, and the SSR. 

Dated: February 9, 2007. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

[FR Doc. E7–4950 Filed 3–19–07; 8:45 am] 

BILLING CODE 4811–42–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–07–027] 

Drawbridge Operation Regulations; 

Raritan River, Arthur Kill, and Their 

Tributaries, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations; request for comments. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the AK Railroad Bridge 

across Arthur Kill at mile 11.6, between 

Staten Island, New York and Elizabeth, 

New Jersey. This temporary deviation 

requires the AK Railroad Bridge to 

remain in the open position at all times, 

except that the draw would close for the 

passage of trains for two daily one-hour 

closure periods on a fixed schedule with 

a one hour adjustment whenever high 

water occurs during or up to one hour 

after the applicable closure period. In 

addition, a number of unscheduled 

requests for one hour closure periods 

may be granted by the Coast Guard 

within one to three hours of receipt of 

the request. The purpose of this 


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12982 Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Rules and Regulations 

deviation is to test a temporary change 

to the drawbridge operation schedule to 

help determine the most equitable and 

safe solution to facilitate the present and 

anticipated needs of navigation and rail 

traffic. 

DATES: This deviation is effective from 

April 9, 2007 through October 5, 2007. 

Comments must be received by June 23, 

2007. 

ADDRESSES: You may mail comments 

and related material to Commander 

(dpb), First Coast Guard District Bridge 

Branch, One South Street, Battery Park 

Building, New York, New York, 10004, 

or deliver them to the same address 

between 7 a.m. and 3 p.m., Monday 

through Friday, except, Federal 

holidays. The telephone number is (212) 

668–7165. The First Coast Guard 

District, Bridge Branch, maintains the 

public docket for this deviation. 

Comments and material received from 

the public, as well as documents 

indicated in this notice as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at the First Coast 

Guard District, Bridge Branch, 7 a.m. to 

3 p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Joe Arca, Project Officer, First Coast 

Guard District, Bridge Branch, at (212) 

668–7165. 

SUPPLEMENTARY INFORMATION: 

Request for comments 

We encourage you to participate in 

evaluating this test schedule by 

submitting comments and related 

material. If you do so, please include 

your name and address, identify the 

docket number for this deviation 

(CGD01–07–027), 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 8 1⁄2 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. Comments 

must be received by June 23, 2007, prior 

to the end of the deviation period so 

that adjustments to the tested operating 

schedule may be made, if necessary. 

Background and Purpose 

The AK Railroad Bridge has a vertical 

clearance of 31 feet at mean high water 

and 35 feet at mean low water in the 

closed position. The existing operating 

regulation, listed at 33 CFR 117.747, 

requires that all bridges across the 

Raritan River, Arthur Kill, and their 

tributaries, shall open on signal; except 

that, from 7:30 a.m. to 10 a.m. and 5 

p.m. to 7:30 p.m., the draws may be 

opened for the passage of vessels for 

periods no longer than 10 minutes or 

remain closed for the passage of land 

traffic for no longer than 10 minutes. 

The above regulation is no longer 

applicable or necessary as it pertains to 

the AK Railroad Bridge because the AK 

Railroad Bridge has been maintained in 

the open position for the past 20 years 

due to the cessation of all railroad train 

traffic over the bridge. 

The owner of the bridge, New York 

City Economic Development 

Corporation (NYCEDC), began a bridge 

rehabilitation program approximately 10 

years ago, as part of the region’s Full 

Freight Access Initiative. 

Part of the Full Freight Initiative was 

to once again move freight trains across 

the bridge to and from the Staten Island 

Landfill facility and the New York 

Container Terminal (formerly the 

Howland Hook Terminal). The New 

York Container Terminal has already 

been revitalized and is preparing to 

receive railroad freight traffic once 

again. 

Recently, the AK Railroad Bridge 

rehabilitation project was completed in 

anticipation of renewed rail operations 

requiring the passage of train traffic 

across the bridge. 

The existing vessel traffic transiting 

Arthur Kill is comprised of deep draft 

oceangoing tank vessels, tug assisted 

barge traffic, other commercial vessels 

of various sizes, as well as a variety of 

recreational craft. 

The deep draft oceangoing vessel 

transits are tide dependent in that their 

ability to maneuver safely requires such 

vessels to do so primarily on or near 

slack high tide, unlike barge and tug 

traffic, which may transit at various 

stages of the tide. 

The bridge owner, NYCEDC, 

requested that the Coast Guard 

promulgate bridge operation regulations 

commensurate with the needs of freight 

rail operations. The resumption of rail 

traffic across the AK Railroad Bridge 

would require the bridge be closed to 

navigation for short periods several 

times a day. 

The purpose of this temporary 

deviation is to help determine a bridge 

operating schedule that will 

accommodate both Conrail’s proposed 

train schedule as well as future rail 

operations, while continuing to provide 

for the present and anticipated needs of 

navigation. 

This deviation will test an alternate 

drawbridge operation schedule designed 

to help facilitate the safe coordination of 

vessel and rail traffic. A variety of 

factors, such as daily tide variations, the 

present and anticipated needs of 

navigation, and train scheduling, will be 

considered during this temporary test 

deviation. 

After numerous meetings and 

consultations with rail and marine 

transportation interests, the Coast Guard 

has concluded that the most equitable 

and safe solution to facilitate the 

presently known and anticipated marine 

and railroad traffic scheduling needs is 

to test a fixed daily drawbridge 

operation schedule making allowances 

for high water periods which are critical 

to large vessel transits. In addition, due 

to the variability of some freight rail 

movements, accommodation of 

unscheduled bridge closure requests 

will be tested. 

In anticipation of additional railroad 

operations, the Coast Guard will 

continue to evaluate the bridge 

operating schedule in future 

rulemakings, as necessary. 

The schedule considered in this 

notice would provide two daily onehour bridge closure periods on a fixed 

schedule with a one hour adjustment 

during certain high tides (as predicted at 

the Battery, New York). Also, 

unscheduled bridge closure requests 

may be granted by the Coast Guard 

within one to three hours of receipt of 

the request. 

Being able to predict bridge closure 

periods each day, in advance, would 

enable both rail and marine interests to 

schedule accordingly, obviating the 

need to adjust to different bridge closure 

times daily. The ability to obtain 

unscheduled bridge closures will offer 

some flexibility in rail operations. 

This temporary deviation requires the 

AK Railroad Bridge to remain in the 

open position at all times except when 

it is allowed to remain closed for the 

passage of rail traffic for two one-hour 

periods at 10 a.m. and 4 p.m., daily, 

except when high tide occurs during or 

within one hour after the scheduled 

closed period. When high tide occurs 

during the bridge closure period the 

bridge closure will commence one hour 

later, at 11 a.m.; when high tide occurs 

within one hour after the scheduled 

closure period the bridge closure will 

commence one hour earlier, at 9 a.m. A 

schedule of bridge closure periods will 

be posted on the U.S. Coast Guard’s 

Homeport Web site and published in the 

Local Notice to Mariners. In addition to 

the scheduled closure periods, up to 

two, unscheduled one hour bridge 

closure periods per day (maximum of 

twelve per week), may be requested of 

and may be approved by the Coast 

Guard within one to three hours of the 


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Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Rules and Regulations 12983 

request. The bridge will remain open for 

a minimum of two hours between bridge 

closures for the passage of marine 

traffic. In the event of bridge operational 

failure, the bridge owner or operator 

shall notify the Coast Guard Captain of 

the Port, New York immediately and 

shall ensure that a repair crew is on 

scene at the bridge no later than 45 

minutes after the bridge fails, and 

remains until the bridge has been 

restored to normal operations or raised 

and locked in the fully open position. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: March 12, 2007. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E7–5062 Filed 3–19–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 4 

RIN 2900–AM60 

Schedule for Rating Disabilities; 

Appendices A, B, and C 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is revising its Schedule for 

Rating Disabilities, Appendices A, B, 

and C to include all current diagnostic 

codes. Appendix A is also amended to 

include all the diagnostic code 

historical information since the last 

review. 

DATES: Effective Date: This amendment 

is effective April 19, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Trude Steele, Regulations Staff (211D), 

Compensation and Pension Service, 

Veterans Benefits Administration, 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420, (202) 273–7210. 

SUPPLEMENTARY INFORMATION: The 

Schedule for Rating Disabilities, 38 CFR 

Part 4, Appendices A, B, and C have not 

been updated since July 1, 1988. These 

Appendices are tools for users of the 

Schedule for Rating Disabilities. The 

Appendices reflect changes to the 

diagnostic criteria in the Schedule for 

Rating Disabilities. 

We have amended the Appendices to 

add changes to the Schedule for Rating 

Disabilities since the Appendices were 

last updated. Additionally, we removed 

language in Appendix A that showed 

when a diagnostic code was updated to 

correct spelling, revise text, or other 

additional changes, which had no 

impact on the disability code. Those 

changes were incorporated within the 

text when amended. All diagnostic 

codes in Appendix A will now be 

categorized by when they were added, 

removed, whether the criterion was 

amended, and whether the disability 

evaluation was amended. We will 

continue to include the date for 

historical purposes. We revised 

Appendices B and C to provide the 

current diagnostic codes and disability 

terminology. We will continue to update 

the Appendices as the Schedule for 

Rating Disabilities is revised. 

Administrative Procedures Act 

This final rule merely replaces 

inaccurate examples and does not alter 

the content of the regulations. 

Accordingly, there is a basis for 

dispensing with prior notice and 

comment and the delayed effective date 

provisions of 5 U.S.C. 553. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3521). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. This final rule 

would not affect any small entities. 

Only VA beneficiaries could be directly 

affected. Therefore, pursuant to 5 U.S.C. 

605(b), this final rule is exempt from the 

initial and final regulatory flexibility 

analysis requirements of sections 603 

and 604. 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a ‘‘significant 

regulatory action,’’ requiring review by 

the Office of Management and Budget 

(OMB) unless OMB waives such review, 

as any regulatory action that is likely to 

result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or 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. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this final rule have been 

examined and it has been determined 

not to be a significant regulatory action 

under Executive Order 12866. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

year. This final rule would have no such 

effect on State, local, and tribal 

governments, or on the private sector. 

Catalog of Federal Domestic Assistance 

Numbers and Titles 

The Catalog of Federal Domestic 

Assistance program numbers and titles 

for this final are 64.104, Pension for 

Non-Service-Connected Disability for 

Veterans and 64.109, Veterans 

Compensation for Service-Connected 

Disability. 

List of Subjects in 38 CFR Part 4 

Disability benefits, Pensions, 

Veterans. 

Approved: March 2, 2007 

Gordon H. Mansfield, 

Deputy Secretary of Veterans Affairs. 

■ For the reasons set out in the 

preamble, 38 CFR part 4 is amended as 

set forth below: 

PART 4—SCHEDULE FOR RATING 

DISABILITIES 

■ 1. The authority citation for part 4 

continues to read as follows: 

Authority: 38 U.S.C. 1155, unless 

otherwise noted. 

■ 2. Appendix A to Part 4 is revised to 

read as follows: 


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