Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Rules and Regulations 8109 

27 44 U.S.C. 3501 et seq. 

28 7 U.S.C. 19(a) (2000). 

CPOs, and their principals. This is 

because the only burden that will be 

imposed by the Amendments will be in 

furtherance of the obligation to comply 

with the antifraud provisions of Section 

4o of the Act when presenting the past 

performance of CTAs, CPOs, and their 

principals—whether by way of actual, 

simulated or hypothetical performance 

or through the use of testimonials. 

Assuming arguendo, however, that 

compliance with Section 4o will 

constitute a significant burden, the 

burden is neither new nor additional, 

because the Amendments are consistent 

with the Commission’s longstanding 

interpretation of Section 4o as 

applicable to all advertisements by 

CTAs, CPOs, and their principals, 

including advertisements that are 

viewed electronically, and with the 

requirement that such advertisements 

must not be false or misleading. 

The Commission did not receive any 

comments relative to its analysis of the 

application of the RFA to the Proposal. 

B. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(PRA) 27 imposes certain requirements 

on Federal agencies (including the 

Commission) in connection with their 

conducting or sponsoring any collection 

of information as defined by the PRA. 

The Amendments do not require a new 

collection of information on the part of 

any entities. 

The Commission did not receive any 

comments relative to its analysis of the 

application of the PRA to the Proposal. 

C. Cost-Benefit Analysis 

Section 15(a) of the Act 28 requires the 

Commission to consider the costs and 

benefits of its action before issuing a 

new regulation under the Act. By its 

terms, Section 15(a) does not require the 

Commission to quantify the costs and 

benefits of a new regulation or to 

determine whether the benefits of the 

proposed regulation outweigh its costs. 

Rather, Section 15(a) simply requires 

the Commission to ‘‘consider the costs 

and benefits’’ of its action. 

Section 15(a) further specifies that 

costs and benefits shall be evaluated in 

light of five broad areas of market and 

public concern: Protection of market 

participants and the public; efficiency, 

competitiveness, and financial integrity 

of futures markets; price discovery; 

sound risk management practices; and 

other public interest considerations. 

Accordingly, the Commission could in 

its discretion give greater weight to any 

one of the five enumerated areas and 

could in its discretion determine that, 

notwithstanding its costs, a particular 

regulation was necessary or appropriate 

to protect the public interest or to 

effectuate any of the provisions or to 

accomplish any of the purposes of the 

Act. 

The Commission did not receive any 

comments relative to its cost-benefit 

analysis of the Proposal. 

List of Subjects in 17 CFR Part 4 

Advertising, Commodity pool 

operators, Commodity trading advisors, 

Commodity futures, Commodity 

options, Customer protection, Reporting 

and Recordkeeping. 

■ For the reasons presented above, the 

Commission hereby amends chapter I of 

Title 17 of the Code of Federal 

Regulations as follows: 

PART 4—COMMODITY POOL 

OPERATORS AND COMMODITY 

TRADING ADVISORS 

■ 1. The authority citation for part 4 

continues to read as follows: 

Authority: 7 U.S.C. 1a, 2, 4, 6b, 6c, 6l, 6m, 

6n, 6o, 12a, and 23. 

■ 2. Section 4.41 is amended by 

removing ‘‘or’’ at the end of paragraph 

(a)(1), removing the period and adding 

a semi-colon and ‘‘or’’ at the end of 

paragraph (a)(2), adding new paragraph 

(a)(3), and revising paragraphs (b)(1)(i), 

(b)(2), and (c)(1) to read as follows: 

§ 4.41 Advertising by commodity pool 

operators, commodity trading advisors, and 

the principals thereof. 

(a) * * * 

(3) Refers to any testimonial, unless 

the advertisement or sales literature 

providing the testimonial prominently 

discloses: 

(i) That the testimonial may not be 

representative of the experience of other 

clients; 

(ii) That the testimonial is no 

guarantee of future performance or 

success; and 

(iii) If, more than a nominal sum is 

paid, the fact that it is a paid 

testimonial. 

(b) * * * 

(1) * * * 

(i) The following statement: ‘‘These 

results are based on simulated or 

hypothetical performance results that 

have certain inherent limitations. 

Unlike the results shown in an actual 

performance record, these results do not 

represent actual trading. Also, because 

these trades have not actually been 

executed, these results may have underor over-compensated for the impact, if 

any, of certain market factors, such as 

lack of liquidity. Simulated or 

hypothetical trading programs in 

general are also subject to the fact that 

they are designed with the benefit of 

hindsight. No representation is being 

made that any account will or is likely 

to achieve profits or losses similar to 

these being shown.’’ ; or 

* * * * * 

(2) If the presentation of such 

simulated or hypothetical performance 

is other than oral, the prescribed 

statement must be prominently 

disclosed and in immediate proximity 

to the simulated or hypothetical 

performance being presented. 

(c) * * * 

(1) To any publication, distribution or 

broadcast of any report, letter, circular, 

memorandum, publication, writing, 

advertisement or other literature or 

advice, whether by electronic media or 

otherwise, including information 

provided via internet or e-mail, the texts 

of standardized oral presentations and 

of radio, television, seminar or similar 

mass media presentations; and 

* * * * * 

Issued in Washington, DC, on February 16, 

2007, by the Commission. 

Eileen A. Donovan, 

Acting Secretary of the Commission. 

[FR Doc. E7–3122 Filed 2–22–07; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

19 CFR Part 123 

Advance Electronic Presentation of 

Cargo Information for Truck Carriers 

Required To Be Transmitted Through 

ACE Truck Manifest at Ports in the 

States of Michigan and New York 

AGENCY: Customs and Border Protection, 

Department of Homeland Security. 

ACTION: Notice. 

SUMMARY: Pursuant to section 343(a) of 

the Trade Act of 2002 and implementing 

regulations, truck carriers and other 

eligible parties are required to transmit 

advance electronic truck cargo 

information to the Bureau of Customs 

and Border Protection (CBP) through a 

CBP-approved electronic data 

interchange. In a previous notice, CBP 

designated the Automated Commercial 

Environment (ACE) Truck Manifest 

System as the approved interchange and 

announced that the requirement that 

advance electronic cargo information be 

transmitted through ACE would be 


jlentini on PROD1PC65 with RULES
8110 Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Rules and Regulations 

phased in by groups of ports of entry. 

This notice announces that at all land 

border ports in Michigan and New York, 

truck carriers will be required to file 

electronic manifests through the ACE 

Truck Manifest System. 

DATES: Trucks entering the United 

States through land border ports of entry 

in the states of Michigan and New York 

will be required to transmit the advance 

information through the ACE Truck 

Manifest system effective May 24, 2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

James Swanson, via e-mail at 

james.d.swanson@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 343(a) of the Trade Act of 

2002, as amended (the Act; 19 U.S.C. 

2071 note), required that CBP 

promulgate regulations providing for the 

mandatory transmission of electronic 

cargo information by way of a CBPapproved electronic data interchange 

(EDI) system before the cargo is brought 

into or departs the United States by any 

mode of commercial transportation (sea, 

air, rail or truck). The cargo information 

required is that which is reasonably 

necessary to enable high-risk shipments 

to be identified for purposes of ensuring 

cargo safety and security and preventing 

smuggling pursuant to the laws enforced 

and administered by CBP. 

On December 5, 2003, CBP published 

in the Federal Register (68 FR 68140) a 

final rule to effectuate the provisions of 

the Act. In particular, a new section 

123.92 (19 CFR 123.92) was added to 

the regulations to implement the 

inbound truck cargo provisions. Section 

123.92 describes the general 

requirement that, in the case of any 

inbound truck required to report its 

arrival under section 123.1(b), if the 

truck will have commercial cargo 

aboard, CBP must electronically receive 

certain information regarding that cargo 

through a CBP-approved EDI system no 

later than 1 hour prior to the carrier’s 

reaching the first port of arrival in the 

United States. For truck carriers arriving 

with shipments qualified for clearance 

under the FAST (Free and Secure Trade) 

program, section 123.92 provides that 

CBP must electronically receive such 

cargo information through the CBPapproved EDI system no later than 30 

minutes prior to the carrier’s reaching 

the first port of arrival in the United 

States. 

ACE Truck Manifest Test 

On September 13, 2004, CBP 

published a notice in the Federal 

Register (69 FR 55167) announcing a 

test allowing participating Truck Carrier 

Accounts to transmit electronic manifest 

data for inbound cargo through ACE, 

with any such transmissions 

automatically complying with advance 

cargo information requirements as 

provided in section 343(a) of the Trade 

Act of 2002. Truck Carrier Accounts 

participating in the test were given the 

ability to electronically transmit the 

truck manifest data and obtain release of 

their cargo, crew, conveyances, and 

equipment via the ACE Portal or 

electronic data interchange messaging. 

A series of notices announced 

additional deployments of the test, with 

deployment sites being phased in as 

clusters. Clusters were announced in the 

following notices published in the 

Federal Register: 70 FR 30964 (May 31, 

2005); 70 FR 43892 (July 29, 2005); 70 

FR 60096 (October 14, 2005); 71 FR 

3875 (January 24, 2006); 71 FR 23941 

(April 25, 2006); 71 FR 42103 (July 25, 

2006); 71 FR 77404 (December 26, 2006) 

and 72 FR 7058 (February 14, 2007). 

CBP continues to test ACE at various 

ports. CBP will continue, as necessary, 

to announce in subsequent notices in 

the Federal Register the deployment of 

the ACE truck manifest system test at 

additional ports. 

Designation of ACE Truck Manifest 

System as the Approved Data 

Interchange System 

In a notice published October 27, 

2006, (71 FR 62922), CBP designated the 

Automated Commercial Environment 

(ACE) Truck Manifest System as the 

approved EDI for the transmission of 

required data and announced that the 

requirement that advance electronic 

cargo information be transmitted 

through ACE would be phased in by 

groups of ports of entry. 

ACE will be phased in as the required 

transmission system at some ports even 

while it is still being tested at other 

ports. However, the use of ACE to 

transmit advance electronic truck cargo 

information will not be required in any 

port in which CBP has not first 

conducted the test. 

The October 27, 2006, document 

identified all land border ports in the 

states of Washington and Arizona and 

the ports of Pembina, Neche, Walhalla, 

Maida, Hannah, Sarles, and Hansboro in 

North Dakota as the first group of ports 

where use of the ACE Truck Manifest 

System is mandated. Subsequently, CBP 

announced on January 19, 2007 (72 FR 

2435) that, after 90 days notice, the use 

of the ACE Truck Manifest System will 

be mandatory at all land border ports in 

the states of California, Texas and New 

Mexico, as well. 

ACE Mandated at Land Border Ports of 

Entry in Michigan and New York 

Applicable regulations (19 CFR 

123.92(e)) require CBP, 90 days prior to 

mandating advance electronic 

information at a port of entry, to publish 

notice in the Federal Register informing 

affected carriers that the EDI system is 

in place and fully operational. 

Accordingly, CBP is announcing in this 

document that, effective 90 days from 

the date of publication of this notice, 

truck carriers entering the United States 

at any land border port of entry in the 

states of Michigan and New York will be 

required to present advance electronic 

cargo information regarding truck cargo 

through the ACE Truck Manifest 

System. 

Although other systems that have 

been deemed acceptable by CBP for 

transmitting advance truck manifest 

data will continue to operate and may 

still be used in the normal course of 

business for purposes other than 

transmitting advance truck manifest 

data, use of systems other than ACE will 

no longer satisfy advance electronic 

cargo information requirements at a port 

of entry in Michigan and New York as 

of May 24, 2007. 

Compliance Sequence 

CBP will be publishing subsequent 

notices in the Federal Register as it 

phases in the requirement that truck 

carriers utilize the ACE system to 

present advance electronic truck cargo 

information at other ports. ACE will be 

phased in as the mandatory EDI system 

at the ports identified below in the 

sequential order in which they are 

listed. The sequential order provided 

below is somewhat different than that 

announced in the October 27, 2006, 

notice. Although further changes to this 

order are not currently anticipated, CBP 

will state in future notices if changes do 

occur. In any event, as mandatory ACE 

is phased in at these remaining ports, 

CBP will always provide 90 days’ notice 

through publication in the Federal 

Register prior to requiring the use of 

ACE for the transmission of advance 

electronic truck cargo information at a 

particular group of ports. 

The remaining ports at which the 

mandatory use of ACE will be phased 

in, listed in sequential order, are as 

follows: 

1. The remaining land border ports in 

the state of North Dakota and all land 

border ports in the state of Vermont. 

2. All land border ports in the states 

of Idaho and Montana. 

3. All land border ports in the states 

of Maine, New Hampshire, and 

Minnesota. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Rules and Regulations 8111 

4. All land border ports in the state of 

Alaska. 

Dated: February 20, 2007. 

Deborah J. Spero, 

Acting Commissioner, Customs and Border 

Protection. 

[FR Doc. 07–829 Filed 2–22–07; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 71 and 171 

[Docket No. 1995N–0220 (formerly 95N–

0220)] 

Substances Approved for Use in the 

Preparation of Meat and Poultry 

Products; Announcement of Effective 

Date 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: The Food and Drug 

Administration (FDA) is announcing the 

effective date for the information 

collection requirements contained in a 

final rule published in the Federal 

Register of August 25, 2000 (65 FR 

51758). The rule amended FDA’s 

regulations on food additive and color 

additive petitions to permit an efficient 

joint review by both FDA and the Food 

Safety and Inspection Service (FSIS) of 

the U.S. Department of Agriculture 

(USDA), of petitions for approval to use 

a food ingredient or source of radiation 

in or on meat or poultry products. An 

information collection requirement 

cannot be instituted unless it is 

reviewed by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act of 1995 (the PRA), 

approved by OMB, and assigned an 

OMB control number. OMB’s approval 

of the information collection 

requirements of the August 25, 2000, 

final rule was announced in the Federal 

Register of March 1, 2001 (66 FR 

12938), and these requirements are 

currently approved under OMB control 

number 0910–0016. Accordingly, FDA 

is announcing that the information 

collection requirements of the August 

25, 2000, final rule will go into effect on 

March 26, 2007. 

DATES: Effective Date: The amendments 

to §§ 71.1 and 171.1 (21 CFR 71.1 and 

171.1), published in the Federal 

Register of August 25, 2000, are 

effective as of March 26, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Ellen M. Waldron, Center for Food 

Safety and Applied Nutrition (HFS–

206), Food and Drug Administration, 

5100 Paint Branch Pkwy., College Park, 

MD 20740–3835, 301–436–1256. 

SUPPLEMENTARY INFORMATION: On August 

25, 2000, FDA published a final rule 

entitled, ‘‘Substances Approved for Use 

in the Preparation of Meat and Poultry 

Products,’’ which, in part, amended its 

regulations to permit an efficient joint 

review by both FDA and FSIS of USDA, 

of petitions for approval to use a food 

ingredient or source of radiation in or 

on meat or poultry products. The final 

rule requires applicants petitioning for 

approval for the use of substances in 

meat and poultry products to provide 

four copies of the petition to FDA, 

rather than the three copies previously 

specified in §§ 71.1 and 171.1. FDA will 

then forward a copy of the petition or 

relevant portions of the petition to FSIS 

so that both agencies can perform the 

necessary reviews simultaneously, thus 

reducing the time it takes to authorize 

a food additive or color additive for use 

in meat and poultry products. The rule 

does not require petitioners to submit 

any new information to either FDA or 

FSIS. This final rule resulted from a 

coordinated effort by the two agencies to 

ease the paperwork burden on regulated 

industries through streamlining the 

Government’s approval process for 

substances used as food additives or 

color additives in meat and poultry 

products (§§ 71.1 and 171.1). 

At the time of publication of the final 

rule, the information collection 

requirements contained in §§ 71.1 and 

171.1 had been submitted to, but not yet 

approved by, OMB under the PRA (44 

U.S.C. 3501–3520). Under the PRA, an 

agency may not conduct or sponsor, and 

a person is not required to respond to, 

a collection of information unless and 

until the collection displays a valid 

OMB control number. 

FDA announced OMB approval of the 

information collection requirements in 

§§ 71.1 and 171.1, as amended by FDA’s 

August 25, 2000, final rule, in the 

Federal Register of March 1, 2001. The 

agency is now announcing that these 

requirements will become effective on 

March 26, 2007. The information 

collection requirements at §§ 71.1 and 

171.1 were originally assigned OMB 

control number 0910–0461. In 

December 2003, OMB control number 

0910–0016 replaced OMB control 

number 0910–0461 as the valid control 

number that authorizes the information 

collection requirements. OMB control 

number 0910–0016 remains the 

currently approved control number for 

§§ 71.1 and 171.1. 

Dated: February 14, 2007. 

Jeffrey Shuren, 

Assistant Commissioner for Policy. 

[FR Doc. 07–801 Filed 2–22–07; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–07–017] 

Drawbridge Operation Regulations; 

Cheesequake Creek, Morgan, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the New Jersey Transit 

Rail Operation (NJTRO) Railroad Bridge 

across Cheesequake Creek, mile 0.2, at 

Morgan, New Jersey. Under this 

temporary deviation, the bridge may 

remain in the closed position for two 

24-hour time periods between February 

20, 2007 and February 24, 2007. The 

exact two 24-hour closure dates will be 

determined based upon favorable 

weather necessary to perform the 

scheduled repairs. This deviation is 

necessary to facilitate scheduled bridge 

maintenance. 

DATES: This deviation is effective from 

February 20, 2007 through February 24, 

2007. 

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at the First Coast Guard 

District, Bridge Branch Office, One 

South Street, New York, New York 

10004, between 7 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is (212) 

668–7165. The First Coast Guard 

District Bridge Branch Office maintains 

the public docket for this temporary 

deviation. 

FOR FURTHER INFORMATION CONTACT: Joe 

Arca, Project Officer, First Coast Guard 

District, at (212) 668–7069. 

SUPPLEMENTARY INFORMATION: 

The NJTRO Railroad Bridge, across 

Cheesequake Creek, mile 0.2, at Morgan, 

New Jersey, has a vertical clearance in 

the closed position of 3 feet at mean 

high water and 8 feet at mean low water. 

The existing drawbridge operation 

regulations are listed at 33 CFR 

117.709(b). 


jlentini on PROD1PC65 with RULES