24534 Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 

(5) Lisdexamfetamine, its salts, 

isomers, and salts of its isomers—1205. 

* * * * * 

Dated: April 25, 2007. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. E7–8421 Filed 5–2–07; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–07–047] 

RIN 1625–AA–09 

Drawbridge Operation Regulations; 

Intracoastal Waterway (ICW); Inside 

Thorofare, Atlantic City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has approved a 

temporary deviation from the 

regulations governing the operation of 

the U.S. 40–322 (Albany Avenue) 

Bridge, at ICW mile 70.0, across Inside 

Thorofare at Atlantic City, New Jersey. 

This deviation allows the drawbridge to 

remain closed-to-navigation from 10 

a.m. to 5 p.m. on August 15, 2007, to 

facilitate traffic control during the 

Atlantic City Air Show. 

DATES: This deviation is effective from 

10 a.m. to 5 p.m. on August 15, 2007. 

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at Commander (dpb), Fifth 

Coast Guard District, Federal Building, 

1st Floor, 431 Crawford Street, 

Portsmouth, VA 23704–5004 between 8 

a.m. and 4 p.m., Monday through 

Friday, except Federal holidays. The 

telephone number is (757) 398–6222. 

Commander (dpb), Fifth Coast Guard 

District maintains the public docket for 

this temporary deviation. 

FOR FURTHER INFORMATION CONTACT: 

Waverly W. Gregory, Jr., Bridge 

Administrator, Fifth Coast Guard 

District, at (757) 398–6222. 

SUPPLEMENTARY INFORMATION: The U.S. 

40–322 (Albany Avenue) Bridge, a lift 

drawbridge, has a vertical clearance in 

the closed position to vessels of 10 feet, 

above mean high water. 

The Atlantic City Regional Mainland 

Chamber of Commerce, on behalf of the 

bridge owner the New Jersey 

Department of Transportation, has 

requested a temporary deviation from 

the current operating regulation set out 

in 33 CFR 117.733(f) to close the 

drawbridge to navigation for the sole 

purpose of traffic control during the 

Atlantic City Air Show that is scheduled 

for Wednesday, August 15, 2007. 

To facilitate traffic control during the 

Atlantic City Air Show, the U.S. 40–322 

(Albany Avenue) Bridge will be 

maintained in the closed-to-navigation 

position from 10 a.m. to 5 p.m. on 

August 15, 2007. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: April 24, 2007. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. E7–8493 Filed 5–2–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD08–07–010] 

RIN 1625–AA11 

Regulated Navigation Area; 

Cumberland River, Clarksville, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a Regulated Navigation 

Area (RNA) on the Cumberland River 

(CMR) mile marker (MM) 126 to mile 

marker MM 127. All vessel traffic 

transiting beneath the R.J. Corman 

Railroad Bridge at MM 126.5 is 

restricted to the right descending bank 

(RDB) on the CMR and tows transiting 

this RNA cannot be wider than 80 feet 

or longer than 800 feet, excluding the 

length of the tow boat. 

DATES: This temporary rule is effective 

from 4:40 p.m. on March 31, 2007 

through 11:30 a.m. August 2, 2007. 

ADDRESSES: The Coast Guard is not 

soliciting comments on this temporary 

RNA. However, you may mail 

comments and related material to Coast 

Guard Sector Ohio Valley, 600 Martin 

Luther King Drive, Louisville, KY 

40202, attention: Prevention 

Department. 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 

Coast Guard Sector Ohio Valley between 

8 a.m. and 4 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: CDR 

Greg Howard, Coast Guard Sector Ohio 

Valley, telephone (502) 779–5422. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 United States Code 

(USC) 553(b)(B), the Coast Guard finds 

that good cause exists for not publishing 

a NPRM and under 5 U.S.C. 553(d)(3), 

good cause exists for making this rule 

effective immediately. The R.J. Corman 

Railroad Bridge on the Cumberland 

River was struck by a barge and was 

severely damaged. This RNA is needed 

to prevent further damage to the bridge 

and to protect vessels transiting under 

the bridge. 

Background and Purpose 

On March 29, 2007 at approximately 

11:15 p.m., the R.J. Corman Railroad 

Bridge, located at MM 126.5 on the 

Cumberland River (CMR) was struck by 

a barge being pushed by a towing vessel. 

The bridge sustained extensive damage. 

The Coast Guard set a safety zone at 7 

p.m. on March 30, 2007 on the CMR 

from MM 126 through MM 127 halting 

all vessel traffic until the structural 

integrity of the bridge was evaluated. 

The operator of the bridge reported to 

the Coast Guard that the bridge damage 

was isolated to the left descending bank 

(LDB) bridge pier of the bridge above the 

waterline. The bridge operator also 

informed the Coast Guard that vessels 

could safely transit under the bridge on 

the right descending bank (RDB) of the 

CMR. The Coast Guard is restricting 

vessel movements to the RDB and is 

limiting tow sizes to ensure that vessels 

pass safely under the bridge and do not 

cause additional damage to the bridge. 

Discussion of Rule 

The Coast Guard is establishing a 

Regulated Navigation Area (RNA) on the 

CMR mile marker (MM) 126 to mile 

marker MM 127. All vessel traffic 

transiting beneath the R.J. Corman 

Railroad Bridge at MM 126.5 is 

restricted to the RDB on the CMR and 

tows transiting this RNA cannot be 

wider than 80 feet or longer than 800 

feet, excluding the length of the tow 

boat. This RNA is effective from 4:40 

p.m. on March 31, 2007 through 11:30 

a.m. August 2, 2007. This RNA may be 

cancelled earlier if the Coast Guard 

determines that it is safe for vessel 

traffic to transit under the bridge span 

adjacent to the LDB. 

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Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 24535 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866 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. We expect the economic impact 

of this rule to be so minimal that a full 

regulatory evaluation is unnecessary. 

Commercial vessel traffic including tow 

and barge traffic is being allowed to 

move through this RNA and this RNA 

will be cancelled when the Coast Guard 

determines that it is safe to open traffic 

to both sides of the R.J. Corman Railroad 

Bridge. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this 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 rule would not 

have a significant economic impact on 

a substantial number of small entities. 

This RNA will not have an impact on 

a substantial number of small entities 

because this rule will not significantly 

impact the regular flow of commercial 

vessel traffic conducting business 

within the RNA. Further, the RNA will 

not have a significant impact because it 

will be in place for a limited period of 

time. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment to Coast 

Guard Sector Ohio Valley at the address 

listed under 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 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 Sector Ohio 

Valley at (502) 779–5412. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

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 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 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 rule does 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 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 rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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 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. It has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs 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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D 

and Department of Homeland Security 

Management Directive 5100.1, which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f), and have made a preliminary 

determination 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, we 

believe that this rule should be 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of the Instruction, 

from further environmental 

documentation. This rule fits in 

paragraph (34)(g) because it is a 

regulated navigation area. A preliminary 

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24536 Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 

‘‘Environmental Analysis Check List’’ is 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T08–826 to read as 

follows: 

§ 165.T08–826 Cumberland River, TNregulated navigation area. 

(a) The following is a Regulated 

Navigation Area (RNA): all waters of the 

Cumberland River (CMR) from MM 126 

CMR to MM 127 CMR. 

(b) Within the RNA described in 

paragraph (a), vessels are restricted to 

the right descending bank (RDB) of the 

Cumberland River and tows cannot be 

wider than 80 feet or longer than 800 

feet, excluding the length of the tow 

boat. 

(c) This rule is effective from 4:40 

p.m. on March 31, 2007 through 11:30 

a.m. August 2, 2007. 

Dated: 17 April, 2007. 

J.R. Whitehead, 

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

Eighth Coast Guard District. 

[FR Doc. E7–7951 Filed 5–2–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

48 CFR Parts 3001, 3002 and 3033 

[Docket No. DHS–2007–0001] 

RIN 1601–AA42 

Department of Homeland Security 

Acquisition Regulation: Board of 

Contract Appeals Change 

AGENCY: Department of Homeland 

Security. 

ACTION: Final rule. 

SUMMARY: The Department of Homeland 

Security (DHS) has adopted as final, 

without change, an interim rule 

amending the Homeland Security 

Acquisition Regulation (HSAR) to 

reflect a statutorily-mandated 

jurisdictional change for the agency 

Board of Contract Appeals (BCA). 

Specifically, BCA jurisdiction for DHS 

has transferred from the U.S. 

Department of Transportation Board of 

Contract Appeals to the Civilian Board 

of Contract Appeals. This rule also 

adopts as final, without change, several 

non-substantive amendments to DHS 

acquisition regulations in order to 

reflect organizational changes. 

DATES: This rule is effective May 3, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Anne Terry, Department of Homeland 

Security, Office of the Chief 

Procurement Officer, Acquisition 

Policy, (202) 447–5253. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of Public Comments 

III. Regulatory Analyses 

A. Executive Order 12866 Assessment 

B. Regulatory Flexibility Act 

I. Background 

DHS published an interim rule at 72 

FR 1296 on January 11, 2007, to provide 

notice of HSAR changes that reflect a 

statutorily-mandated jurisdictional 

change for the agency Board of Contract 

Appeals (BCA). Specifically, BCA 

jurisdiction for DHS transferred from 

the U.S. Department of Transportation 

Board of Contract Appeals to the newly 

established Civilian Board of Contract 

Appeals (CBCA). In the National 

Defense Authorization Act for Fiscal 

Year 2006, Congress established the 

CBCA and terminated every agency 

BCA, except for those within the armed 

services, the Tennessee Valley 

Authority, and the U.S. Postal Service. 

See Public Law 109–163, section 847. 

Through January 5, 2007, the U.S. 

Department of Transportation’s BCA 

handled DHS contract appeals. As of 

January 6, 2007, the CBCA handles DHS 

contract appeals. This rule also provides 

technical amendments to correct 

organizational information reflected in 

the HSAR. 

II. Discussion of Public Comments 

DHS received one public comment on 

the interim rule. The comment, 

however, did not address matters within 

the scope of the interim rule. DHS has 

adopted the interim rule as a final rule 

without change. 

III. Regulatory Analyses 

A. Executive Order 12866 Assessment 

DHS has determined that this final 

rule is neither a major rule under 5 

U.S.C. 804 nor a significant regulatory 

action under Executive Order 12866, 

Regulatory Planning and Review. It 

therefore does not require an assessment 

of potential costs and benefits under 

section 6(a)(3) of that Order, and the 

Office of Management and Budget has 

not reviewed it. 

B. Regulatory Flexibility Act 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), 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. This 

final rule is not expected to have a 

significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act. 

List of Subjects in 48 CFR Parts 3001, 

3002, and 3033 

Government procurement. 

Authority and Issuance 

■ Accordingly, for the reasons stated in 

the preamble, the interim rule amending 

48 CFR parts 3001, 3002, and 3033 that 

was published at 72 FR 1296 on January 

11, 2007, is adopted as a final rule 

without change. 

Dated: April 25, 2007. 

Elaine C. Duke, 

Chief Procurement Officer. 

[FR Doc. E7–8420 Filed 5–2–07; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 107 

[Docket No. PHMSA–2006–25589 (HM– 

208F)] 

RIN 2137–AE11 

Hazardous Materials Transportation; 

Miscellaneous Revisions to 

Registration and Fee Assessment 

Program 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: PHMSA is amending the 

statutorily mandated registration and fee 

assessment program for persons who 

transport or offer for transportation 

certain categories and quantities of 

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