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37454 Federal Register / Vol. 72, No.

131 / Tuesday, July 10, 2007 / Rules and Regulations

DEPARTMENT OF HOMELAND River Walk Pier, near Bay City, MI on Postal Service which provide
SECURITY July 1–3, 2007 from 10 p.m. to 11 p.m. discounted rates from the base rates for
each night. If an additional day is existing categories and services of
Coast Guard needed for this event due to inclement international mail. Postal Service
weather, the special local regulations regulations published at IMM 297
33 CFR Part 100 will also be enforced on July 4, 2007 require that routine notices be
[CGD09–07–065] from 10 p.m. to 11 p.m. published within prescribed periods
(4) Detroit APBA Gold Cup Race, identifying the salient terms of each
Special Local Regulations: Captain of Detroit, MI. Location: Detroit River, ICM. In particular, information required
the Port Detroit Zone between Belle Isle and the U.S. to be published about each ICM include
shoreline, near Detroit, MI. Bound on extensive information about each ICM.
AGENCY: Coast Guard, DHS. the west by the Belle Isle Bridge and on In particular, information required to be
ACTION: Notice of Enforcement of final the east by a north-south line drawn published about each ICM include
rule. through the Waterworks Intake Crib extensive information about each ICM,
Light (LLNR 1022) on July 13–15, 2007 including the term, type of mail
SUMMARY: The Coast Guard is from 7 a.m. to 7 p.m. each day. involved, destination country or
implementing special local regulations In order to ensure the safety of countries, description of services
for annual Marine Events in the Captain spectators and transiting vessels, these provided by the Postal Service,
of the Port Detroit Zone during June and special local regulations found at 33 minimum volume commitments for
July, 2007. This action is necessary to CFR 100.901 (a)–(e) will be enforced for each service, brief descriptions of any
provide for the safety of life and the duration of the events. In the event work-sharing performed by the mailer,
property on navigable waters during that these special local regulations affect and the agreed-upon rate for each
these events. These special local shipping, commercial vessels may service at the volume level committed
regulations will restrict vessel traffic request permission from the Captain of by the mailer.
from a portion of the Captain of the Port the Port Detroit to transit through the The underlying rationale for this final
Detroit Zone. regulated area. Requests must be made rule is based on recently enacted
DATES: Effective from 12:01 a.m. on June in advance and approved by the Captain amendments to the Postal Service’s
1, 2007 to 11:59 p.m. on July 31, 2007. of Port before transits will be organic statute. On December 20, 2006,
FOR FURTHER INFORMATION CONTACT: LT authorized. The Captain of the Port may the Postal Accountability and
Jeff Ahlgren, Waterways Management, be contacted via U.S. Coast Guard Enhancement Act (PAEA), Pub. L. No.
U.S. Coast Guard Sector Detroit, 110 Sector Detroit on channel 16, VHF-FM. 109–435, became law. The PAEA
Mount Elliot Ave., Detroit MI, 48207; The Coast Guard will give notice to the fundamentally changes the Postal
(313)568–9580. public via a Broadcast to Mariners that Service’s business model by converting
SUPPLEMENTARY INFORMATION: The Coast the regulation is in effect. former requirements to operate on a
Guard will be enforcing the permanent This notice is issued under authority break-even basis to a more commercial,
special local regulations in 33 CFR of 33 CFR 100.901 and 5 U.S.C. 552(a). profit-making business model. The
100.901 (published July 13, 1989, in the Dated: June 20, 2007. PAEA further gives the Postal Service
Federal Register, 54 FR 29547, as P.W. Brennan, considerable flexibility in pricing
amended), for marine events in the Captain, U.S. Coast Guard, Captain of the competitive services. In addition, the
Captain of the Port Detroit Zone during Port Detroit. PAEA makes various commercial laws,
June and July, 2007. The following [FR Doc. E7–13367 Filed 7–9–07; 8:45 am] such as antitrust, Federal Trade
special local regulations will be BILLING CODE 4910–15–P
Commission unfair competition law,
enforced for marine events occurring in and private sector customs
June and July, 2007: requirements, as well as an assumed
(1) International Bay City River Roar, federal income tax applicable to the
POSTAL SERVICE
Bay City, MI. Location: That portion of Postal Service’s competitive services.
the Saginaw River from the Liberty 39 CFR Part 20 Under the PAEA, bulk international
Bridge on the north to the Veteran’s mail, which includes bulk mailings
Memorial Bridge on the south, near Bay International Product Change entered in combination with an ICM,
City, MI on June 22–24, 2007 from 8 could reasonably be classified as falling
a.m. to 6 p.m. each day. If an additional AGENCY: Postal Service. within the ‘‘competitive’’ category of
day is needed for this event due to ACTION: Final rule. mail, for which there are abundant,
inclement weather, the special local alternative providers. Thus, competitive
SUMMARY: The Postal Service TM is
regulations will also be enforced on services should observe commercial
issuing a final rule revising
June 25, 2007 from 8 a.m. to 6 p.m. business practices. In general, private
requirements contained in the
(2) International Freedom Festival businesses do not publicize information
International Mail Manual (IMM)
Tug Across the River, Detroit, MI. about recently executed customer
concerning the contents of notifications
Location: That portion of the Detroit agreements; rather, such instruments are
of International Customized Mail (ICU)
River bounded on the south by the regarded as closely held commercial
agreements.
International boundary, on the west by information. Consequently, in
083° 03′W, on the east by 083° 02′W, DATES: Effective Date: July 10, 2007. accordance with industry practice,
and on the North by the U.S. shoreline FOR FURTHER INFORMATION CONTACT: continued publication of comprehensive
on July 15, 2007 from 12:30 p.m. to 2:30 Margaret M. Falwell, 703–292–3576; or information about the terms of ICMs
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p.m. James Crawford, 703–292–3614. would be inconsistent with their


(3) Bay City Fireworks Display, Bay SUPPLEMENTARY INFORMATION: competitive status.
City, MI. Location: Saginaw River, from International Customized Mail (ICM) Hence, the Postal Service is
the Veteran’s Memorial Bridge to agreements are specialized, mailer- publishing this final rule to provide an
approximately 1,000 yards south to the specific, agreements entered into by the appropriate level of information about

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Federal Register / Vol. 72, No. 131 / Tuesday, July 10, 2007 / Rules and Regulations 37455

each ICM in view of their commercial (EEOICPA). The final rule adds and Secretary has submitted a report to
sensitivity. revises deadlines for evaluating Congress that designates, as an addition
We adopt the following changes to the petitions for cohort status, clarifies to the Cohort, the class recommended
Mailing Standards of the United States when time periods commence and how by the Board for addition to the Cohort
Postal Service, International Mail they toll, and provides information and that provides the criteria used to
Manual (IMM), incorporated by relevant to these deadlines on the support the designation; and (4) the
reference in the Code of Federal content of petition evaluation reports. period Congress shall have to review a
Regulations. See 39 CFR 20.1. DATES: This Final Rule is effective July report submitted by the Secretary to
10, 2007. designate a class as an addition to the
List of Subjects in 39 CFR Part 20
FOR FURTHER INFORMATION CONTACT: Cohort is reduced from 180 days to 30
Foreign relations, International postal Larry Elliott, Director, Office of days.
services. Compensation Analysis and Support, The purpose of the new requirements
National Institute for Occupational was to expedite the evaluation and
PART 20—[AMENDED]
Safety and Health, 4676 Columbia decision process for adding classes of
■ 1. The authority citation for 39 CFR Parkway, MS–C–46, Cincinnati, OH employees to the Cohort.
Part 20 continues to read as follows: 45226, Telephone 513–533–6825 (this is On December 22, 2005, HHS issued
not a toll free number). Information an Interim Final Rule (IFR)
Authority: 5 U.S.C. 552(a); 39 U.S.C. 401,
404, 407, 408. requests can also be submitted by e-mail incorporating changes to ensure the new
to OCAS@CDC.GOV. statutory requirements are met and
■ 2. Revise International Mail Manual as SUPPLEMENTARY INFORMATION: requesting public comment (70 FR
follows: 75950). The public comment period for
I. Purpose of Rulemaking this rulemaking was initially to close on
* * * * *
On October 28, 2004, the President February 21, 2006. Upon a request from
2 Conditions for Mailing signed the Ronald W. Reagan National the Board for additional time to
* * * * * Defense Authorization Act for Fiscal comment, the comment period was
Year 2005, Pub. L. 108–375 (codified as extended for 30 days and closed on
290 Commercial Services March 23, 2006, after a total of 90 days.
amended in scattered sections of 42
* * * * * U.S.C.). Division C, Subtitle E, of this As discussed below, HHS has
297 International Customized Mail Act includes amendments to the Energy incorporated additional changes in this
Employees Occupational Illness Final Rule in response to comments
* * * * * Compensation Program Act of 2000 from the Board and from the public.
297.4 Postal Bulletin Notifications (‘‘EEOICPA’’), 42 U.S.C. 7384–7385. These changes also bring the Final Rule
Several of these amendments, under into alignment with the Congressional
[Revise 297.4 as follows] § 3166(b), established new statutory recommendations specified in the
Within 30 days of entering into an requirements under 42 U.S.C. 7384q and Conference Report associated with the
ICM service agreement, the Postal 7384l(14)(C)(ii) that pertain to the new statutory deadlines (H. Rep. 108–
Service will publish the name of the Department of Health and Human 767).
customer in the Postal Bulletin. Services (‘‘HHS’’) procedures
II. Summary of Public Comments
Stanley F. Mires, established under 42 CFR part 83:
Chief Counsel, Legislative. ‘‘Procedures for Designating Classes of The public comment period for the
[FR Doc. 07–3332 Filed 7–9–07; 8:45 am] Employees as Members of the Special IFR extended from December 22, 2005
Exposure Cohort under the Energy through March 23, 2006. HHS received
BILLING CODE 7710–12–M
Employees Occupational Illness comments from seven parties in
Compensation Program Act of 2000.’’ addition to the consensus comments of
These new requirements included the the Board. These include four
DEPARTMENT OF HEALTH AND following: (1) Following the receipt of a individuals, one U.S. Senator, one labor
HUMAN SERVICES petition for designation as members of organization, and one advocacy group.
42 CFR Part 83 the Special Exposure Cohort (‘‘the The comments are summarized and
Cohort’’), the National Institute for responded to below, together with
RIN 0920–AA13 Occupational Safety and Health explanations of changes HHS has
(NIOSH) must submit ‘‘a incorporated into this Final Rule.
Procedures for Designating Classes of recommendation’’ on that petition,
Employees as Members of the Special A. 180-Day Deadline for NIOSH
including all documentation, to the
Exposure Cohort Under the Energy Recommendations
Advisory Board on Radiation and
Employees Occupational Illness Worker Health (‘‘the Board’’) within 180 Several commenters, including the
Compensation Program Act of 2000; days; (2) following the receipt by the Board, recommended that HHS reiterate
Amendments Secretary of HHS (‘‘the Secretary’’) of a in the final rule NIOSH’s 180-day
AGENCY: Department of Health and recommendation by the Board that the statutory deadline to evaluate a petition
Human Services. Secretary determine in the affirmative and submit recommendations to the
ACTION: Final Rule. that a class meets the statutory criteria Board. One commenter also wanted the
for addition to the Cohort, the Secretary rule to specify what actions HHS would
SUMMARY: The Department of Health and must submit to Congress a take if NIOSH failed to meet that
Human Services is amending its determination as to whether or not the deadline. In contrast, another
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procedures for designating classes of class meets these statutory criteria commenter recommended against
employees to be added to the Special within 30 days; (3) if the Secretary does including any of the statutory deadlines
Exposure Cohort under the Energy not submit this determination to in the rule because of concern that
Employees Occupational Illness Congress within 30 days, then on the hastening the evaluation and
Compensation Program Act of 2000 31st day it shall be deemed that the recommendation process could prevent

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