Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Rules and Regulations 17409 

(2) The term transferee means a 

person to whom an exporter transfers a 

listed chemical. 

■ 15. Section 1313.35 is added to read 

as follows: 

§ 1313.35 Return declaration or 

amendment to Form 486 for international 

transactions. 

(a) Within 30 days after a transaction 

is completed, the broker or trader must 

send to the Administration a return 

declaration containing particulars of the 

transaction, including the date, 

quantity, chemical, container, name of 

transferees, and any other information 

as the Administration may specify. 

(b) If a transaction for which a Form 

486 has been filed fails to take place, the 

broker or trader must file an amended 

Form 486 notifying the Administration 

that the transaction did not occur. 

Dated: March 30, 2007. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. 07–1718 Filed 4–6–07; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 160 

[USCG–2006–25150; Correction] 

RIN 1625–ZA08 

Navigation and Navigable Waters; 

Technical, Organizational, and 

Conforming Amendments 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: This document contains a 

correction to the section addressing 

appeals for orders issued pursuant to 

the Coast Guard’s regulations 

implementing the Ports and Waterways 

Safety Act (USCG–2006–25150) 

published on July 12, 2006, in the 

Federal Register (71 FR 39206). 

DATES: This correction is effective April 

9, 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 docket USCG–2006–25150 and are 

available for inspection or copying at 

the Docket Management Facility, U.S. 

Department of Transportation, room PL–

401, 400 Seventh Street SW., 

Washington, DC, 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 

Commander Michael Cunningham, 

Coast Guard, telephone 202–372–1129. 

If you have questions on viewing the 

docket, call Ms. Renee V. Wright, 

Program Manager, Docket Operations, 

telephone 202–493–0402. 

SUPPLEMENTARY INFORMATION: Each year 

Title 33 of the Code of Federal 

Regulations is updated on July 1. On 

July 12, 2006, the Coast Guard 

published a final rule (USCG–2006–

25150) to make technical, 

organizational, conforming amendments 

and other editorial corrections 

throughout Title 33. (71 FR 39206) Due 

to a drafting error in the July 12th final 

rule the appeals process in § 160.7 is 

now deficient. The July 12th final rule 

ascribes authorities not within the realm 

of the Area Commander and does not 

clearly allow for an appeal of Area 

Commander decisions to Coast Guard 

Headquarters. This correction document 

makes corrections to the revisions in 

§ 160.7 found in the July 12th final rule. 

List of Subjects in 33 CFR Part 160 

Administrative practice and 

procedure, Harbors, Hazardous 

materials transportation, Marine safety, 

Navigation (water), Reporting and 

recordkeeping requirements, Vessels, 

Waterways. 

■ Accordingly, 33 CFR part 160 is 

corrected by making the following 

correcting amendments: 

PART 160—PORTS AND WATERWAYS 

SAFETY—GENERAL 

■ 1. The authority citation for part 160 

continues to read as follows: 

Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 

Chapter 701; Department of Homeland 

Security Delegation No. 0170.1. Subpart C is 

also issued under the authority of 33 U.S.C. 

1225 and 46 U.S.C. 3715. 

■ 2. Amend § 160.7 to revise paragraphs 

(c) and (d) to read as follows: 

§ 160.7 Appeals. 

* * * * * 

(c) Any person directly affected by the 

establishment of a safety zone or by an 

order or direction issued by, or on 

behalf of, a District Commander, or who 

receives an unfavorable ruling on an 

appeal taken under paragraph (b) of this 

section may appeal to the Area 

Commander through the District 

Commander. The appeal must be in 

writing, except as allowed under 

paragraph (e) of this section, and shall 

contain complete supporting 

documentation and evidence which the 

appellant wishes to have considered. 

Upon receipt of the appeal, the Area 

Commander may direct a representative 

to gather and submit documentation or 

other evidence which would be 

necessary or helpful to a resolution of 

the appeal. A copy of this 

documentation and evidence is made 

available to the appellant. The appellant 

is afforded five working days from the 

date of receipt to submit rebuttal 

materials. Following submission of all 

materials, the Area Commander issues a 

ruling, in writing, on the appeal. Prior 

to issuing the ruling, the Area 

Commander may, as a matter of 

discretion, allow oral presentation on 

the issues. 

(d) Any person who receives an 

unfavorable ruling on an appeal taken 

under paragraph (c) of this section, may 

appeal through the Area Commander to 

the Assistant Commandant for 

Prevention (formerly known as the 

Assistant Commandant for Marine 

Safety, Security and Environmental 

Protection), U.S. Coast Guard, 

Washington, DC 20593. The appeal 

must be in writing, except as allowed 

under paragraph (e) of this section. The 

Area Commander forwards the appeal, 

all the documents and evidence which 

formed the record upon which the order 

or direction was issued or the ruling 

under paragraph (c) of this section was 

made, and any comments which might 

be relevant, to the Assistant 

Commandant for Prevention. A copy of 

this documentation and evidence is 

made available to the appellant. The 

appellant is afforded five working days 

from the date of receipt to submit 

rebuttal materials to the Assistant 

Commandant for Prevention. The 

decision of the Assistant Commandant 

for Prevention is based upon the 

materials submitted, without oral 

argument or presentation. The decision 

of the Assistant Commandant for 

Prevention is issued in writing and 

constitutes final agency action. 

* * * * * 

Dated: March 27, 2007. 

Stefan G. Venckus, 

Chief, Office of Regulations and 

Administrative Law, United States Coast 

Guard. 

[FR Doc. E7–6099 Filed 4–6–07; 8:45 am] 

BILLING CODE 4910–15–P 


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