27246 Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Rules and Regulations 

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.lD 

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 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)(g), of the Instruction, from further 

environmental documentation. A final 

‘‘Environmental Analysis Checklist’’

and a final ‘‘Categorical Exclusion 

Determination’’ are 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, Safety 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, 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. Revise § 165.751 to read as follows: 

§ 165.751 Security Zone: LNG mooring 

slip, Savannah River, Savannah, Georgia. 

(a) Security Zone. The following area 

is a security zone: All the waters from 

surface to bottom of the northeastern 

most mooring dolphin located at 

approximately 32[deg]05.01′ North, 

080[deg]59.38′ West, to the southeastern 

most mooring dolphin located at 

approximately 32[deg]04.79′ North, 

080[deg]59.35′ West, and continues west 

along the North and South shoreline of 

the mooring slip to the shoreline of the 

right descending bank of the Savannah 

River. All marine traffic is prohibited 

from entering this zone unless 

authorized by the Captain of the Port 

(COTP). 

(b) Applicability. This section applies 

to all vessels including naval and other 

public vessels, except vessels that are 

engaged in the following operations: 

(1) Law enforcement, security, or 

search and rescue; 

(2) Servicing aids to navigation; 

(3) Surveying, maintenance, or 

improvement of waters in the security 

zone; or 

(4) Actively engaged in escort, 

maneuvering, or support duties for an 

LNG tankship. 

(c) Regulations. In accordance with 

the general regulations in § 165.33 of 

this part, entry into or movement within 

this zone is prohibited unless 

authorized by the Captain of the Port 

Savannah or vessels engaged in 

activities defined in paragraph (b). 

(d) Reporting of Violations. Violations 

of this section should be reported to the 

Captain of the Port, Savannah, at (912) 

652–4353. 

Dated: April 23, 2007. 

D.W. Murk, 

Commander, U.S. Coast Guard, Captain of 

the Port. 

[FR Doc. E7–9230 Filed 5–14–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 2 

RIN 2900–AM61 

Change in Secretary’s Delegation of 

Authority and Clarification of that 

Authority 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document amends the 

Department of Veterans Affairs (VA) 

delegation regulation, which authorizes 

a VA official to take final action on 

complaints of employment 

discrimination when the Office of 

Employment Discrimination Complaint 

Adjudication (OEDCA) recuses itself 

due to a conflict of interest. The 

amendment provides that the Secretary 

of Veterans Affairs has delegated 

authority to take such action to the 

Chairman, Board of Veterans’ Appeals, 

and clarifies that such authority 

includes awarding remedial relief in 

cases where there has been a finding of 

discrimination. 

DATES: Effective Date: May 15, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Charles R. Delobe, Director, Office of 

Employment Discrimination Complaint 

Adjudication (00D), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Washington, DC 20420 (Tel. 202–

254–0063). 

SUPPLEMENTARY INFORMATION: Under 38 

U.S.C. 319 and 38 CFR 2.6(i), OEDCA 

has authority to take final action on 

complaints of employment 

discrimination filed by VA employees, 

former employees, and applicants for 

employment. Under 38 U.S.C. 501, the 

Secretary has authority to prescribe 

rules and regulations necessary to carry 

out the laws administered by VA. 

Further, under 38 U.S.C. 512, the 

Secretary may delegate authority to 

officers and employees of the 

Department as the Secretary deems 

necessary. In cases where OEDCA 

recuses itself due to an actual, apparent, 

or potential conflict of interest, the 

Secretary delegates authority to another 

official in the Department to take such 

action. In the past, that authority was 

delegated to the Chairman, Board of 

Contract Appeals, under current 38 CFR 

2.6(j). This document amends § 2.6(j) to 

reflect the change in this delegation of 

authority to the Chairman, Board of 

Veterans’ Appeals. The change in 

delegated authority is necessary because 

there has been a transfer of functions 

and personnel of the VA Board of 

Contract Appeals to the General 

Services Administration, which 

occurred on January 6, 2007. The 

amendment also clarifies that the 

delegated authority includes the 

authority to grant all appropriate 

remedies and relief in cases where there 

is a finding of discrimination. 

Administrative Procedures Act 

This final rule concerns VA agency 

organization, procedure, and practice, 

specifically delegation of authority to 

offices or employees of the Department 

to perform certain acts or render 

decisions. Accordingly, the prior notice 

and comment and delayed effective date 

provisions of 5 U.S.C. 553 do not apply 

to this rule. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3520). 

Regulatory Flexibility Act 

The initial and final regulatory 

flexibility analysis requirements of 

sections 603 and 604 of the Regulatory 

Flexibility Act, 5 U.S.C. 601–612, are 

not applicable to this rule because a 

notice of proposed rulemaking is not 

required for this rule. Even so, the 

Secretary of Veterans Affairs 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. This final rule would 

not affect any small entities. Only VA 

employees, former employees, and 


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Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Rules and Regulations 27247 

applicants for employment could be 

directly affected. Therefore, pursuant to 

5 U.S.C. 605(b), this final rule is also 

exempt from the 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, codified at 2 U.S.C. 1532, 

requires agencies to 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 

There is no Catalog of Federal 

Domestic Assistance number for this 

final rule. 

List of Subjects in 38 CFR Part 2 

Authority delegations (Government 

agencies). 

Approved: April 19, 2007. 

Gordon H. Mansfield, 

Deputy Secretary of Veterans Affairs. 

■ For the reasons set forth in the 

preamble, the Department of Veterans 

Affairs amends 38 CFR part 2 as follows: 

PART 2—DELEGATIONS OF 

AUTHORITY 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 5 U.S.C. 302, 552a; 38 U.S.C. 

501, 512, 515, 1729, 1729A, 5711; 44 U.S.C. 

3702, and as noted in specific sections. 

■ 2. Amend § 2.6, by revising paragraph 

(j) to read as follows: 

§ 2.6 Secretary’s delegations of authority 

to certain officials (38 U.S.C. 512). 

* * * * * 

(j) Delegation to the Chairman, Board 

of Veterans’ Appeals. In cases where 

OEDCA has recused itself from a case 

due to an actual, apparent, or potential 

conflict of interest, the Chairman, Board 

of Veterans’ Appeals, is delegated 

authority to make procedural agency 

decisions to dismiss, in whole or in 

part, EEO discrimination complaints 

filed by agency employees, former 

employees, and applicants for 

employment; to make substantive final 

agency decisions where complainants 

do not request an EEOC hearing; to take 

final agency action following a decision 

by an EEOC Administrative Judge; and 

to make final agency decisions ordering 

appropriate remedies and relief where 

there is a finding of discrimination. 

* * * * * 

[FR Doc. E7–9286 Filed 5–14–07; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2006–0682; FRL–8314–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Redesignation of the West 

Virginia Portion of the Wheeling, WVOH 8-Hour Ozone Nonattainment Area 

to Attainment and Approval of the 

Area’s Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a 

redesignation request and a State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia. 

The West Virginia Department of 

Environmental Protection (WVDEP) is 

requesting that the Marshall and Ohio 

County, West Virginia (Wheeling) 

portion of the Wheeling, WV-OH area 

(herein referred to as the ‘‘Area’’) be 

redesignated as attainment for the 8- 

hour ozone national ambient air quality 

standard (NAAQS). In conjunction with 

its redesignation request, the State 

submitted a SIP revision consisting of a 

maintenance plan for Wheeling that 

provides for continued attainment of the 

8-hour ozone NAAQS for the next 12 

years, until 2018. EPA is also approving 

the adequacy determination for the 

motor vehicle emission budgets 

(MVEBs) that are identified in the 

Wheeling 8-hour ozone maintenance 

plan for purposes of transportation 

conformity, and is approving those 

MVEBs. EPA is approving the 

redesignation request and the 

maintenance plan revision to the West 

Virginia SIP in accordance with the 

requirements of the CAA. 

EFFECTIVE DATE: This final rule is 

effective on June 14, 2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2006–0682. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street, SE., Charleston, WV 25304. 

FOR FURTHER INFORMATION CONTACT: 

Amy Caprio, (215) 814–2156, or by 

e-mail at caprio.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 2, 2006 (71 FR 57894), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia. The NPR proposed approval of 

West Virginia’s redesignation request 


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