55102 Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Rules and Regulations 

Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

The FMCSA has determined that this 

action is not a significant regulatory 

action within the meaning of Executive 

Order 12866 or within the meaning of 

Department of Transportation regulatory 

policies and procedures. The Office of 

Management and Budget (OMB) did not 

review this document. We expect the 

final rule, which is statutorily mandated 

to preserve the remedial effect of civil 

penalties, will have minimal costs. 

Therefore, a full regulatory evaluation is 

unnecessary. 

Executive Order 13132 (Federalism 

Assessment) 

This action has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132, dated August 4, 1999, and it has 

been determined this action does not 

have federalism implications or limit 

the policymaking discretion of the 

States. 

Executive Order 12372 

(Intergovernmental Review) 

The regulations implementing 

Executive Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this action. 

Paperwork Reduction Act 

This action does not contain 

information collection requirements for 

purposes of the Paperwork Reduction 

Act of 1995 (PRA) (44 U.S.C. 3501 et 

seq.). 

National Environmental Policy Act 

The FMCSA is an Administration 

within the Department of 

Transportation (DOT). The FMCSA 

analyzed this rule under the National 

Environmental Policy Act of 1969, as 

amended (42 U.S.C. 4321 et seq.) 

(NEPA), the Council on Environmental 

Quality Regulations implementing 

NEPA (40 CFR parts 1500–1508), and 

DOT Order 5610.1C, Procedures for 

Considering Environmental Impacts. 

This rule is categorically excluded from 

further analysis and documentation in 

an environmental assessment or 

environmental impact statement since 

this action does not have any effect on 

the quality of the environment. 

Unfunded Mandates Reform Act of 1995 

This rule does not impose an 

unfunded Federal mandate, as defined 

by the Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1532 et seq.), that will 

result in the expenditure by State, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $120 million 

or more in any one year. 

Executive Order 12988 (Civil Justice 

Reform) 

This action 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. 

Executive Order 13045 (Protection of 

Children) 

The FMCSA has analyzed this action 

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 concern an 

environment risk to health or safety that 

may disproportionately affect children. 

Executive Order 12630 (Taking of 

Private Property) 

This rule will 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. 

Executive Order 13211 (Energy Effects) 

The FMCSA analyzed this action 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We determined 

that it is not a ‘‘significant energy 

action’’ under that Executive Order 

because it will not be economically 

significant and will not be likely to have 

an adverse effect on the supply, 

distribution, or use of energy. 

List of Subjects in 49 CFR Part 386 

Administrative procedures, 

Commercial motor vehicle safety, 

Highways and roads, Motor carriers, 

Penalties. 

■ In consideration of the foregoing, the 

FMCSA amends title 49, Code of 

Federal Regulations, subtitle, B, chapter 

III, part 386 as set forth below: 

PART 386—RULES OF PRACTICE FOR 

MOTOR CARRIER, BROKER, FREIGHT 

FORWARDER, AND HAZARDOUS 

MATERIALS PROCEEDINGS 

■ 1. The authority citation for part 386 

continues to read as follows: 

Authority: 49 U.S.C. 13301, 13902, 31132–

31133, 31136, 31502, 31504; sec. 204, Pub. L. 

104–88, 109 Stat. 803, 941 (49 U.S.C. 701 

note); sec. 217, Pub. L. 105–159, 113 stat. 

1748, 1767; and 49 CFR 1.73. 

Appendix A to Part 386—[Amended] 

■ 2. Appendix A to part 386 is amended 

by revising the figure ‘‘$650’’ to read as 

‘‘$750,’’ whenever it appears throughout 

the appendix. 

Appendix B to Part 386—[Amended] 

■ 3. In Appendix B to part 386 the 

introductory text is amended by revising 

the second sentence to read as follows: 

* * *Pursuant to that authority, the 

inflation-adjusted civil penalties listed in 

paragraphs (a) through (h) of this appendix 

supersede the corresponding civil penalty 

amounts listed in title 49, United States 

Code. 

* * * * * 

■ 4. Appendix B to part 386 is further 

amended as follows: 

■ a. Paragraph (a)(1) is amended by 

revising the figure ‘‘$550’’ to read as 

‘‘$1,000,’’ and the figure ‘‘$5,500’’ to 

read as ‘‘$10,000.’’

■ b. Paragraph (a)(2) is amended by 

revising the figure ‘‘$5,500’’ to read as 

‘‘$10,000.’’

■ c. Paragraph (e)(5) is amended by 

revising the figure ‘‘$100,000’’ to read as 

‘‘$105,000.’’

■ d. Paragraph (f)(2) is amended by 

revising the figure ‘‘$100,000’’ to read as 

‘‘$105,000.’’

■ e. Paragraph (g) is amended by 

revising the figure ‘‘$550’’ to read as 

‘‘$650,’’ the figure ‘‘$5,500’’ to read as 

‘‘$6,500,’’ the figure ‘‘$27,500’’ to read 

as ‘‘$32,500,’’ and the figure ‘‘$110,000’’

to read as ‘‘$120,000,’’ whenever they 

appear throughout paragraph (g). 

Issued on: September 24, 2007. 

John H. Hill, 

Administrator. 

[FR Doc. E7–19254 Filed 9–27–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 661 

[Docket No. FTA–2005–23082] 

RIN 2132–AA90 

Buy America Requirements; End 

Product Analysis and Waiver 

Procedures 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The Federal Transit 

Administration published in the 

Federal Register of September 20, 2007, 

a final rule (effective October 22, 2007) 

which amended the Buy America 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Rules and Regulations 55103 

requirements in 49 CFR part 661. This 

document replaces text that was 

discussed in the preamble but omitted 

from the final rule with regard to final 

assembly requirements for rolling stock. 

DATES: The effective date of this 

publication is October 22, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Richard Wong, Office of the Chief 

Counsel, Federal Transit 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

(202) 366–4011 or 

Richard.Wong@dot.gov. 

SUPPLEMENTARY INFORMATION: An 

inadvertent error occurred in the 

drafting of the final rule. In the Second 

Notice of Proposed Rulemaking 

(SNPRM) (71 FR 69412, Nov. 30, 2006), 

FTA proposed a new Appendix D to 

part 661 to amend the final assembly 

requirements for rolling stock. In the 

preamble to the final rule (72 FR 53688, 

Sept. 20, 2007), FTA announced that it 

was withdrawing the proposed language 

in the SNPRM and would instead 

continue to implement the terms of the 

March 18, 1997, Dear Colleague letter, 

with a few minor additions to reflect 

industry practices that have taken effect 

after the 1997 Dear Colleague letter was 

issued. In the process of drafting the 

final rule, text that was discussed in the 

preamble was not included in the final 

rule. 

Accordingly, this document will 

correct that omission by removing the 

erroneous text in the September 20, 

2007, final rule and replacing it with the 

correct text. 

PART 661—BUY AMERICA 

REQUIREMENTS 

■ In rule FR Doc E7–18355 published 

on September 20, 2007 (72 FR 53688) 

make the following corrections: 

§ 661.11 [corrected] 

■ 1. Beginning on page 53697, in the 

third column, in Appendix D to 

§ 661.11, paragraphs (a) and (b) are 

corrected to read as follows: 

Appendix D to § 661.11—Minimum 

Requirements for Final Assembly 

(a) Rail Cars: In the case of the manufacture 

of a new rail car, final assembly would 

typically include, as a minimum, the 

following operations: installation and 

interconnection of propulsion control 

equipment, propulsion cooling equipment, 

brake equipment, energy sources for 

auxiliaries and controls, heating and air 

conditioning, communications equipment, 

motors, wheels and axles, suspensions and 

frames; the inspection and verification of all 

installation and interconnection work; and 

the in-plant testing of the stationary product 

to verify all functions. 

(b) Buses: In the case of a new bus, final 

assembly would typically include, at a 

minimum, the installation and 

interconnection of the engine, transmission, 

axles, including the cooling and braking 

systems; the installation and interconnection 

of the heating and air conditioning 

equipment; the installation of pneumatic and 

electrical systems, door systems, passenger 

seats, passenger grab rails, destination signs, 

wheelchair lifts; and road testing, final 

inspection, repairs and preparation of the 

vehicles for delivery. 

* * * * * 

Issued on September 25, 2007. 

James S. Simpson, 

Administrator. 

[FR Doc. 07–4803 Filed 9–25–07; 3:19 pm] 

BILLING CODE 4910–57–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No.060525140–6221–02] 

RIN 0648–XC83 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic 

Region; Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

fishery for golden tilefish in the 

exclusive economic zone (EEZ) in the 

South Atlantic. This closure is 

necessary to protect the golden tilefish 

resource. 

DATES: The closure is effective 12 noon, 

local time, October 3, 2007, through 

December 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, 727–824–5305, fax: 727–

824–5308, e-mail: 

Susan.Gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery is managed 

under the Fishery Management Plan for 

the Snapper-Grouper Fishery of the 

South Atlantic Region (FMP). The FMP 

was prepared by the South Atlantic 

Fishery Management Council (Council) 

and is implemented under the authority 

of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

The commercial fishery for South 

Atlantic golden tilefish is managed 

under a commercial quota of 295,000 lb 

(133,810 kg), as specified in 50 CFR 

622.42(e)(2), for the current fishing year, 

January 1 through December 31, 2007. 

Under 50 CFR 622.43(a), NMFS is 

required to close the golden tilefish 

commercial fishery when its quota has 

been reached, or is projected to be 

reached, by filing a notification at the 

Office of the Federal Register. NMFS 

has determined the commercial quota of 

295,000 lb (133,810 kg) for golden 

tilefish in the South Atlantic will be 

reached by October 3, 2007. 

Accordingly, the commercial fishery for 

South Atlantic golden tilefish is closed 

effective 12 noon, local time, October 3, 

2007, through December 31, 2007, the 

end of the fishing year. The operator of 

a vessel with a valid commercial vessel 

permit for South Atlantic snappergrouper having golden tilefish aboard 

must have landed and bartered, traded, 

or sold such golden tilefish prior to 12 

noon, local time, October 3, 2007. 

During the closure, the appropriate 

bag limits specified in 50 CFR 

622.39(d)(1) and the applicable 

possession limits specified in 50 CFR 

622.39(d)(2) apply to all harvest or 

possession of golden tilefish in or from 

the South Atlantic EEZ, and the sale or 

purchase of golden tilefish taken from 

the EEZ is prohibited. The prohibition 

on sale or purchase does not apply to 

sale or purchase of golden tilefish that 

were harvested, landed ashore, and sold 

prior to 12 noon, local time, October 3, 

2007, and were held in cold storage by 

a dealer or processor. 

Classification 

This action responds to the best 

available information recently obtained 

from the fisheries. The Assistant 

Administrator for Fisheries, NOAA, 

finds that the need to immediately 

implement this action to close the 

fishery constitutes good cause to waive 

the requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(3)(B), as such procedures 

would be unnecessary and contrary to 

the public interest. Such procedures 

would be unnecessary because the rule 

itself already has been subject to notice 

and comment, and all that remains is to 

notify the public of the closure. 

NMFS also finds good cause that the 

implementation of this action cannot be 

delayed for 30 days. There is a need to 

implement this measure in a timely 

fashion to prevent an overrun of the 

commercial quota of South Atlantic 

golden tilefish, given the capacity of the 

fishing fleet to harvest the quota 

quickly. Any delay in implementing this 

action would be contrary to the 


rwilkins on PROD1PC63 with RULES