Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 2535 

petitioners per petition is 10,995 hours, 

for a total burden of 21,990 hours. There 

are no capital costs or operating and 

maintenance costs associated with the 

burden hours being transferred from 

OMB control number 0910–0016 to 

OMB control number 0910–0495. 

Electronic submissions of petitions 

contain the same petition information 

required for paper submissions. The 

agency estimates that one petitioner for 

both food and color additives will take 

advantage of the electronic submission 

process per year. By using the 

guidelines and forms that FDA is 

providing, the petitioner will be able to 

organize the petition to focus on the 

information needed for FDA’s safety 

review. Therefore, we estimate that 

petitioners will only need to spend 

approximately 1 hour completing the 

electronic submission application form 

(Form 3503 or 3504, as appropriate) 

because they will have already used the 

guidelines to organize the petition 

information needed for the submission. 

The labeling requirements for food 

and color additives were designed to 

specify the minimum information 

needed for labeling in order that food 

and color manufacturers may comply 

with all applicable provisions of the act 

and other specific labeling acts 

administered by FDA. Label information 

does not require any additional 

information gathering beyond what is 

already required to assure conformance 

with all specifications and limitations in 

any given food or color additive 

regulation. Label information does not 

have any specific recordkeeping 

requirements unique to preparing the 

label. Therefore, because under § 70.25, 

labeling requirements for a particular 

color additive involve information 

required as part of the CAP safety 

review process, the estimate for number 

of respondents is the same for § 70.25 

and § 71.1, and the burden hours for 

labeling are included in the estimate for 

§ 71.1. Also, because labeling 

requirements under parts 172, 173, 179, 

and 180 for particular food additives 

involve information required as part of 

the FAP safety review process under 

§ 171.1, the burden hours for labeling 

are included in the estimate for § 171.1. 

In cases where a regulation 

implements a statutory information 

collection requirement, only the 

additional burden attributable to the 

regulation, if any, has been included in 

FDA’s burden estimate. 

Dated: January 12, 2007. 

Jeffrey Shuren, 

Assistant Commissioner for Policy. 

[FR Doc. E7–681 Filed 1–18–07; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

Determination Pursuant to Section 102 

of the Illegal Immigration Reform and 

Immigrant Responsibility Act of 1996 

as Amended by Section 102 of the 

REAL ID Act of 2005 and as Amended 

by the Secure Fence Act of 2006 

AGENCY: Office of the Secretary, 

Department of Homeland Security. 

ACTION: Notice of determination. 

SUMMARY: The Secretary of Homeland 

Security has determined, pursuant to 

law, that it is necessary to waive certain 

laws, regulations and other legal 

requirements in order to ensure the 

expeditious construction of physical 

barriers and roads in the vicinity of the 

international land border of the United 

States in Arizona. The Secretary’s 

waiver is effective upon publication of 

this Notice. 

DATES: This Notice is effective on 

January 19, 2007. 

Determination and Waiver: In section 

102(a) of the Illegal Immigration Reform 

and Immigrant Responsibility Act of 

1996 (IIRIRA), Public Law 104–208, Div. 

C, 110 Stat. 3009–546, 3009–554 (Sept. 

30, 1996) (8 U.S.C. 1103, note), Congress 

provided that the Attorney General shall 

take such actions as may be necessary 

to install additional physical barriers 

and roads (including the removal of 

obstacles to detection of illegal entrants) 

in the vicinity of the United States 

border to deter illegal crossings in areas 

of high illegal entry into the United 

States. Pursuant to sections 1511 and 

1517 of the Homeland Security Act of 

2002 (HSA), Public Law 107–296, 116 

Stat. 2135, 2309, 2311 (Nov. 25, 2002) 

(6 U.S.C. 551, 557), the authorities of the 

Attorney General contained in section 

102 of the IIRIRA were transferred to the 

Secretary of Homeland Security 

(Secretary). 

In section 3 of the Secure Fence Act 

of 2006 (Secure Fence Act), Public Law 

109–367), Congress amended Section 

102(b) of IIRIRA to provide for the 

installation of fencing, barriers, roads, 

lighting, cameras, and sensors along five 

segments of the southern border of the 

United States, including much of the 

border between Arizona and Mexico. In 

section 102(c) of the IIRIRA, as amended 

by section 102 of the REAL ID Act of 

2005, Public Law 109–13, Div. B, 119 

Stat. 231, 302, 306 (May 11, 2005) 

(REAL ID Act) (8 U.S.C. 1103 note), 

Congress granted the Secretary 

‘‘authority to waive all legal 

requirements such Secretary, in such 

Secretary’s sole discretion, determines 

necessary to ensure the expeditious 

construction of barriers and roads 

under’’ section 102 of IIRIRA. 

I have determined that the area in the 

vicinity of the United States border 

known as the Barry M. Goldwater Range 

(BMGR), as described in the Bureau of 

Land Management’s ‘‘Legal Description 

of Barry M. Goldwater Range 

Withdrawal, AZ’’ (66 FR 59813 

(November 30, 2001)), in southwestern 

Arizona, including the adjacent area to 

the west of the BMGR, is an area of high 

illegal entry. This area is also within the 

footprint of infrastructure provided for 

in Section 102(b)(1)(A)(ii) of IIRIRA as 

amended by the Secure Fence Act. 

There is presently a need to construct 

fixed and mobile barriers (such as 

fencing, vehicle barriers, towers, 

sensors, cameras, and other 

surveillance, communication, and 

detection equipment) and roads in the 

vicinity of the border of the United 

States within and in the vicinity of the 

BMGR. In order to ensure the 

expeditious construction of the barriers 

and roads that Congress prescribed in 

sections 102(a) and 102(b) of the IIRIRA 

in the BMGR, which is an area of high 

illegal entry into the United States, I 

have determined that it is necessary to 

exercise the authority that was 

transferred to me by sections 1511 and 

1517 of the HSA and that is vested in 

me by section 102(c) of the IIRIRA as 

amended by section 102 of the REAL ID 

Act. 

Accordingly, with respect to the 

construction, as prescribed in sections 

102(a) and 102(b) of the IIRIRA, of roads 

and fixed and mobile barriers within the 

BMGR and within five miles to the west 

of the BMGR (including, but not limited 

to, accessing the project area, the 

conduct of earthwork, excavation, fill, 

and site preparation, and installation 

and upkeep of fences, roads, supporting 

elements, drainage, erosion controls, 

safety features, surveillance, 

communication, and detection 

equipment of all types, radar and radio 

towers, and lighting), I hereby waive, in 

their entirety, all Federal, State, or other 

laws, regulations and legal requirements 

of, deriving from, or related to the 

subject of, the following laws, as 

amended: the National Environmental 

Policy Act (Pub. L. 91–190, 83 Stat. 852, 

(Jan. 1, 1970) (42 U.S.C. 4321 et seq.)); 

the Endangered Species Act (Pub. L. 93–

205, 87 Stat. 884 (Dec. 28, 1973) (16 

U.S.C. 1531 et seq.)); the Federal Water 

Pollution Control Act (commonly 

referred to as the Clean Water Act) (Act 

of June 30, 1948, c. 758, 62 Stat. 1155 

(33 U.S.C. 1251 et seq.)); the Wilderness 

Act (Pub. L. 88–577, 16 U.S.C. 1131 et 


sroberts on PROD1PC70 with NOTICES
2536 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 

seq.); the National Historic Preservation 

Act (Pub. L. 89–665, 80 Stat. 915 (Oct. 

15, 1966) (16 U.S.C. 470 et seq.)); the 

National Wildlife Refuge System 

Administration Act (Pub. L. 89–669, 16 

U.S.C. 668dd–668ee); the Military Lands 

Withdrawal Act of 1999 (Pub. L. 106–

65, 113 Stat. 885 (Oct. 5, 1999)); the 

Sikes Act (16 U.S.C. 670 et seq.); and the 

Administrative Procedure Act (5 U.S.C. 

551 et seq.). 

I reserve the authority to make further 

waivers from time to time under the 

authority granted to me by section 

102(c) of the IIRIRA, as amended by 

section 102 of the REAL ID Act, as I may 

determine to be necessary to accomplish 

the provisions of section 102 of IIRIRA. 

Dated: January 12, 2007. 

Michael Chertoff, 

Secretary of Homeland Security. 

[FR Doc. E7–738 Filed 1–18–07; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

[USCG–2006–26136] 

Potential Revision of Mandatory 

Ballast Water Management Reporting 

Requirements 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of public meeting; 

request for public comment. 

SUMMARY: The Coast Guard requests 

public comments on its current ballast 

water management reporting and 

recordkeeping requirements. To provide 

additional opportunities for public 

comment, public meetings will be held 

in Chicago, IL and in New Orleans, LA. 

All stakeholders and interested parties 

are encouraged to submit comments to 

the docket and to attend one of the 

scheduled meetings. 

DATES: The public meetings will be held 

on the following dates: 

• Chicago, IL, March 13, 2007 from 1 

p.m. to 5 p.m. 

• New Orleans, LA, March 15, 2007 

from 1 p.m. to 5 p.m. 

Comments and related material must 

reach the Docket Management Facility 

on or before March 16, 2007. 

ADDRESSES: The Coast Guard will hold 

the public meetings at the following 

addresses: 

• Chicago, IL, Radisson Chicago Hotel 

and Suites,160 East Huron Street, 

Chicago, IL, 60611, 312–787–2900, 

www.radisson.com/chicago. 

• New Orleans, LA, Hotel 

Monteleone, 214 Royal Street, New 

Orleans, LA 70130, 504–532–3341, 

www.hotelmonteleone.com. 

You may also submit comments 

identified by Coast Guard docket 

number USCG–2006–26136 to the 

Docket Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Web site: http://dms.dot.gov. 

(2) Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Washington, DC 

20590–0001. 

(3) Fax: 202–493–2251. 

(4) Delivery: Room PL–401 on the 

Plaza level of the Nassif Building, 400 

Seventh Street SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The telephone number is 202–366–

9329. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, 

contact LT Heather St. Pierre, Project 

Manager, Environmental Standards 

Division, Coast Guard, via telephone at 

202–372–1432 or via e-mail at 

Heather.J.St.Pierre@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–493–0402. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

All comments received will be posted, 

without change, to http://dms.dot.gov 

and will include any personal 

information you have provided. We 

have an agreement with the Department 

of Transportation (DOT) to use the 

Docket Management Facility. Please see 

DOT’s ‘‘Privacy Act’’ paragraph below. 

Submitting comments: If you submit a 

comment, please include your name and 

address, identify the docket number for 

this notice (USCG–2006–26136) and 

give the reason for each comment. You 

may submit your comments by 

electronic means, mail, fax, or delivery 

to the Docket Management Facility at 

the address under ADDRESSES; but 

please submit your comments by only 

one means. If you submit them by mail 

or delivery, submit them in an unbound 

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

suitable for copying and electronic 

filing. If you submit them by mail and 

would like to know that they reached 

the Facility, please enclose a stamped, 

self-addressed postcard or envelope. We 

will consider all comments received 

during the comment period. 

Viewing comments and documents: 

To view comments, go to http:// 

dms.dot.gov at any time, click on 

‘‘Simple Search,’’ enter the last five 

digits of the docket number for this 

notice, and click on ‘‘Search.’’ You may 

also visit the Docket Management 

Facility in room PL–401 on the Plaza 

level of the Nassif Building, 400 

Seventh Street SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Privacy Act: Anyone can search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review the Department of 

Transportation’s Privacy Act Statement 

in the Federal Register published on 

April 11, 2000 (65 FR 19477), or you 

may visit http://dms.dot.gov. 

Public Meetings 

The Coast Guard encourages 

interested and affected stakeholders to 

attend one of the scheduled public 

meetings and provide oral or written 

comments. These meetings will be open 

to the public. Please note that the public 

meeting may close early if all business 

is finished. Oral or written comments 

received at the public meeting will be 

entered into the Docket. If you are 

unable to attend, you may submit 

comments to the Docket Management 

Facility at the address listed under 

ADDRESSES by March 16, 2007. 

For the public meeting in Chicago, the 

Radisson Hotel and Suites Chicago is 

holding a limited number of rooms for 

the meeting. To receive the group rate 

of $138.00 plus tax per night, 

reservations must be made directly with 

the Radisson Hotel and Suites Chicago 

by calling 312–787–2900 no later than 

February 16, 2007. Please mention the 

‘Coast Guard Meeting’ to receive the 

block rate. After this date, rooms will be 

available at the standard rate on a space 

available basis only. 

For the public meeting in New 

Orleans, the Hotel Monteleone is 

holding a limited number of rooms for 

the meeting. To receive the group rate 

of $148.00 plus tax per night, 

reservations must be made directly with 

the Hotel Monteleone by calling 504–

523–3341 no later than February 16, 

2007. Please mention the ‘Coast Guard 

Meeting’ to receive the block rate. After 

this date, rooms will be available at the 

standard rate on a space available basis 

only. 

Information on Services for Individuals 

With Disabilities 

If you plan to attend one of the public 

meetings and require special assistance, 

such as sign language interpretation or 

other reasonable accommodations, 


sroberts on PROD1PC70 with NOTICES